Odin ex Black watch: Environmental shipbreaking frustrated by Indian courts. Black Watch Cruise Ltd. v. Cruise Vessel Odin ex Name Black Watch

Abstract

Shipowners are facing increased pressure from changing laws and green investors to scrap and recycle their ships in yards with higher environmental and labor standards, rather than on the beaches of India and Bangladesh. Recently, English shipowner Fred Olsen sold a 50-year old cruise ship to a Turkish company with a clause stipulating it be recycled at a shipyard approved under the European and UK Ship Recycling Regulations. The Turkish company did not comply and sold the ship for scrapping in India. Fred Olsen sued the Turkish company in the United Kingdom and petitioned Indian courts to arrest the vessel in Indian waters. The ship was briefly arrested but then sent to the beach for breaking. Fred Olsen is now only able to seek monetary damages, as their environmentally sound intentions, along the effectiveness of any European ship recycling regime, faced a severe setback.