General Overview

The interest and dependence of nations in the maritime domain are notable. Every day, thousands of vessels and ships from different parts of the world navigate, transporting goods and supplies for the development of trade and industries, as well as vessels for passenger transport, scientific research vessels, among others. Approximately eighty percent of global trade is carried by ships. This high percentage of maritime mode utilization in international traffic is linked to the ability of ships to transport large quantities of cargo, reducing the cost of goods transportation. Maritime sales are evidence of this reality.

From this vigorous commercial movement arises the obligatory interaction of various actors from the private and public sectors. This interrelation is manifested in legal and administrative acts related to the maritime domain, such as: the subscription of maritime transport contracts, chartering of ships, cargo insurance, maritime agency services, cargo consolidation, distribution and logistics, etc.

All maritime activities are regulated in all aspects by the 168 countries that constitute the IMO, the International Maritime Organization, a United Nations agency that promotes cooperation among states and the maritime industry to improve maritime safety and prevent marine pollution.

Concept of Maritime Accident

A maritime accident or casualty is defined as an event that results in:

1. Death or serious injury to a person, caused by or in connection with a ship's operations;
2. The loss of a person on board, caused by or in connection with a ship's operations;
3. The loss, presumed loss, or abandonment of a ship;
4. Serious material damage suffered by a ship;
5. The stranding or major damage to a ship or a ship's involvement in a collision;
6. Serious material damage caused by or in connection with a ship's operations;
7. Serious damage to the environment as a result of damage suffered by one or more ships, caused by or in connection with the operations of one or more ships.

These events are classified as very serious and serious casualties. A casualty is very serious when the ship is totally affected, including loss of human lives or serious pollution. In contrast, a casualty is serious when, without meeting the characteristics of a "very serious casualty", it involves one or more of these effects: fire, explosion, collision, stranding, contact, damage due to adverse weather conditions, damage caused by ice, cracks, or hull defects, which in turn cause structural damage that renders the ship unfit for navigation, for example, a crack in the shell plating, main engine breakdown, major damage to accommodation spaces, pollution (regardless of magnitude); and/or a breakdown that requires towing the ship or requesting assistance from shore.

Practical Case

Due to its strategic location in the Caribbean, the Dominican Republic has served as an emergent port for vessels affected by serious casualties on the high seas. Below, we will consider a casualty that occurred in international waters with implications in our territory. The names of those involved are abbreviated to protect their identity.

In 2012, the vessel "M/V B.A.E" suffered an engine fire and ran aground near the coast of Brazil. After several days, the owners of the vessel "R.B.S and MPC.M.M." contracted the services of a tugboat for its transfer to the Dominican Republic. This vessel carried several containers owned by the company "P.W.F." containing products for the manufacture of carbonated beverages, which due to their nature needed to be transported under cover, in clean and dry areas, away from strong odors and extreme temperatures, as stipulated in the cargo contract.

After docking at the port of Caucedo, located in Santo Domingo, Dominican Republic, the vessel was inspected by officials from port and health institutions, according to standard protocol. From the inspection and verification of the containers, it was determined that the products of "P.W.F." were damaged due to adverse transport conditions, extreme temperature changes on the vessel, and the placement of containers on deck.

The cargo of the company "P.W.F." was insured with the company "A.FM.I.", which in turn paid the insured value, subrogating all the rights and actions of "P.W.F." against the carrier.

The insurer "A.FM.I." filed a commercial lawsuit to recover values against the owners of the vessel, resulting in the Second Chamber of the Civil and Commercial Court of First Instance of the National District being seized.

The initial procedural strategy consisted of imposing a conservatory attachment (ship arrest) to ensure the recovery of values. Unfortunately, this measure could not be implemented in our territory due to the following factors: 1) Inability to comply with the provisions of Article 1 of Decree 222-92, which amends Art. 9, Section 3, of Regulation 1673 on Services Rendered by the Dominican Port Authority, which orders the transfer of cargo from the seized vessel to another vessel at the expense of the attaching party; 2) Weakness and ineffectiveness of legislation on maritime matters; 3) Official procedures before the intervening government institutions (Dominican Port Authority, Dominican Navy, Port Command).

After the vessel "M/V B.A.E" left national waters, a detention arrest order was requested in Italy so that port authorities could proceed with the detention of the vessel as soon as it docked at the Port of Sicily, Italy.

Subsequently, the parties reached a settlement agreement, so the legal representatives of both parties requested the definitive closure of the process initiated in the Dominican Republic.

Conclusion

The Dominican Republic has the climatic and geographical conditions to become a model center for logistic cargo distribution for the Caribbean and the Americas region. However, it is paradoxical that the country does not possess a legal framework on maritime law in line with the requirements of international trade.

While it is true that maritime transport remains the most efficient means of transporting goods in large quantities, this does not exempt from the risks arising from unforeseeable events, such as maritime accidents.

Currently, there is a bill on Maritime Commerce Law pending in the National Congress, as the current legislation dates back to 1977, 1980, and 1992. The project proposes to regulate, within the territory of the Dominican Republic, the facts and legal relations relating to national and foreign maritime vessels, as well as those arising from maritime transport and other maritime activities.

In drafting the proposal, international treaties, pacts, conventions, and agreements of which the Dominican Republic is a signatory were considered. Namely: the International Convention on Salvage