Dr. Ann Fenech

  • NOVO4_Ann FenechDr. Ann Fenech is the Managing Partner of Fenech & Fenech Advocates – Malta.  She qualified in 1986 and joined Holman Fenwick and Willan in London.

    In 1991 she moved from there to Chaffe, McCall, Phillips Toler and Sarpy in New Orleans.  In 1992 she joined Fenech & Fenech Advocates setting up the Marine Litigation Department. She was appointed Managing Partner in June 2008.

    She has extensive experience in disputes ranging from ship building contracts to immediate casualty response in collisions having acted and advised some of the most important international maritime operators.

    She has been responsible for the drafting of a number of laws related to the maritime sector including the Pilotage Regulations and the sections on Jurisdiction in Rem in the Code of Organisation and Civil Procedure.

    She lectures extensively on the subject in Malta and abroad; she is the President of the Malta Maritime Law Association. In October 2010 she was appointed an Executive Board Member of the European Maritime Law Organisation. In 2012, 2014 and 2015 she was awarded Best in Shipping Law at the European Women in Business Awards held in London.  In October 2013 she was appointed Honorary Patron of the Malta Law Academy and in June 2014 was elected on the Executive Council of the Comité Maritime International. In October 2015 she was appointed on the Malta Maritime Forum Board of Directors and in April 2016 she was also appointed to represent the Malta Maritime Law Association on the board of the government agency Malta Marittima.



    Ship Finance Security Practices

    The Cape Town Convention,  the popular name given to the Convention on International Interests in Mobile Equipment,  is commonly associated with aircraft.  The reality is that it is only one of its three existing protocols which deal with Aircraft Equipment, Rolling Stock and Space Assetts.    Originally there was the idea to extend the convention to shipping by formulating a protocol for ships however the idea was abandoned principally because it was felt by the shipping industry at the time that the centuries old shipping sector, was in a class of its own and that the rules and regulations prevalent in most jurisdictions adequately protected mortgagees and financiers and that there was no need for there to be a centralised register to register securities in  ships.

    Since then the idea of having a shipping protocol to the Convention has again been raised, and the Comite Maritime International wishes to be prepared with the right information on what are the current ship finance security practices world wide in the event that it is necessary to consider again whether or not it would be of benefit to have a shipping protocol to the Cape Town Convention.

    The presentation will develop this theme and  will explain how the CMI has created an IWG on Ship Finance Security Practices and what has been done so far.