Ann Fenech

Ann Fenech is the Managing Partner of Fenech and Fenech Advocates, and the Head of the Marine Litigation Department. After qualifying in 1986 she joined the shipping and commercial firm of Holman Fenwick and Willan in London where she stayed until 1991 prior to joining New Orleans firm of Chaffe, McCall, Phillips Toler and Sarpy.

Areas of Practice 
Ann Fenech deals exclusively with ship related issues and has now gained extensive experience in the handling of the whole spectrum of ship related matters including disputes arising out of Charterparties and Bills of lading both in terms of preliminary issues such as jurisdiction, title to sue, time bar, limitation as well as issues on the merits; Disputes arising out of ship building and ship repair contracts; disputes arising out of salvage, collision, towage and pilotage; the provision of the immediate response and assistance necessary following a casualty and disputes arising out of the casualty; disputes arising out of the carriage of petroleum products and in particular shortage claims, contamination claims, off speck fuel oil etc; handling the pre contractual and contractual negotiations between vendors and purchasers in ship sale and purchase contracts; substantial experience in the arrest of vessels and the issuing of other similar procedures with a view to obtaining security for claims and / or defending claims. She is the President of the Malta Maritime Law Association and vice-Chairman of the Yachting Trade Section of the Malta Chamber of Commerce and Industry.

Languages
English, Maltese and Italian

Education
1988-1989  LL.M. Degree in Maritime Law, University of London

1986  LL.D. Degree, University of Malta. Thesis on;" Liability without fault and the theory of Created risk in Tort"

1985  Preparation of thesis at the Institute of advanced legal studies in London and Trinity College, Cambridge, UK

1984  Diploma of Notary Public, University of Malta

Publications & Conferences 

Publications

• Interview with “In-Nazzjon” concerning the incident relating to the M.V. Steve Irwin with the Maltese tuna pens, June 2010
• “Current developments in Malta”, published by Shipping & Transport International, May 2010
• "How Mortgagees Can Protect Their Position Under Maltese Law", Lloyd's List Malta Special Edition, September 2009
• "Mortgagees and Maltese Law", published by Lloyd's List Malta Special Edition, August 2009
• Chapter on Malta in “International Comparative Legal Guide to Litigation and Dispute Resolution 2009 ", published by Global Legal Group Ltd. January 2009
• “Salvage Seminar”, published by The Malta Economic Update, December 2008
• “Mediterranean Focus – Malta”, published by Shipping & Transport International, November 2008
• “Why choose the Malta Flag for your yacht?”, published by Yachting in Malta, August 2008
• “Beyond Potential”, published by The Malta Economic Update, June 2008.
• “Arrest of Ships in Malta” published by International Law Office, April 2008.
• “Arrest of Ships and Actions in Rem”, published by Lloyd’s Ship Manager, December 2007 / January 2008.
• “Problems with Pollution”, published by The Malta Economic Update, December 2007.
• Chapter on Malta in “International Comparative Legal Guide to Litigation and Dispute Resolution 2008 ", published by Global Legal Group Ltd,  November 2007.
• “Ship Registration and Finance” published by International Law Office, September 2007.
• “Court Issues Largest-Ever Damages Award in Finaval Case” published by International Law Office, August 2007.
•  “New VAT Scheme for Yacht Leasing” published by International Law Office,  August 2007.
• “Impact of the Commercial Yacht Code” published by International Law Office, June 2007.
• “Forging a comprehensive policy”, published by The Malta Economic Update, June 2007.
• “The yachting and cruise line industries”, published by The Business Times (Malta), May 2007.
• “Ship Registration changes pay off”, published in Lloyd’s Loading List, September 2006.
• “Expected Legal Developments in 2006” published by International Law Office, July 2006.
• “European accession keeps legal community on its toes”, published by Lloyd’s List, May 2006.
• “Legal case studies”, published by Lloyd’s Ship Manager, December 2005 / January 2006.
• “Call of the seas”, published by The Malta Economic Update, December 2005.
• “Course adjustments”, published by The Business Times (Malta), December 2005.
• “Maltese legal eagles settle into EU rules nest”, published by Lloyd’s List, October 2005.
• “Bare necessities”, published by The Maritime Advocate, October 2005.
• “Stowaway case study: Lydia Oldendorff”, published by Fairplay, October 2005.
• “Keeping the legal wheels turning”, published in Lloyd’s Loading List, September 2005.
• “Malta’s shipping laws set for an overhaul to reflect today’s realities”, published by The Malta Business Weekly, September 2005.
• “Actions in rem”, published by The Times of Malta, June 2005.
• “Latest developments in Shipping Law in Malta” published by Lloyd’s Ship Manager, December 2004.
• “Changing Arrest”, published by The Maritime Advocate, October 2004.
• “At the heart of the International Maritime Community”, published in Lloyd’s Loading List, September 2004.
• “Malta enacts liability convention”, published by The Maritime Advocate, February 2004.
• “Malta at the heart of the International Maritime Community”, published in Seatrade, January/February 2004.
• “Malta welcomes new pilot regs”, published by The Maritime Advocate, October 2003.
• “Flexibility introduced for foreign shipowners”, published in Lloyd’s Loading List, September 2003.
• “Maltese Register Goes International”, published by The Maritime Advocate, April 2003.
• “Section 37 Of The Merchant Shipping Act:  Does The Present Section 37 Of The Merchant Shipping Act Satisfy The Requirements Of The Industry?”, published in Law & Practice, The Malta Chamber of Advocates, December 2002.
• “Malta Benefits Mortgages”, published in Lloyds Ship Manager, June 2002.
• “Suing The Ship”, published in The Maritime Advocate, January 2002.
• “Better Value For Clients As Law Firms Specialise”, published in Lloyds List, November 2001.
• “The Shipping Industry In Malta And The Present Pilotage Controversy”, published in The Sunday Times Of Malta, October 2001.
• “Fenech Presses Authorities For Maritime Law Update”, published in Lloyds Loading List, September 2001.
• “To Sue Or Not To Sue”, published in the Lloyds Ship Manager, July/August 2001.
• “Salvage”, published in Maritime & Transport Law, International Bar Association, March 2001.
• “A Proposal For Shipping Law Reform”, published in Law & Practice, The Malta Chamber of Advocates, December 2000.
• “Litigation In The New Millenium”, published in the Lloyds List, November 2000.
• “Justice For The Giant Fleet”, published in the Lloyds Ship Manager, July 2000.
• “Maritime Law In Malta”, published in The Maritime Advocate, May 2000.
• “Flying The Flag On The High Seas”, published in The Times of Malta, January 2000.
• “Abandoned Vessels Still A Problem”, published in the Lloyds List, November 1999.
• “No More Plain Sailing – New Powers Of Arrest Make Maltese Waters More Treacherous For Vessels That Fall Below Standards”, published in the Lloyds Ship Manager, July 1999.
• "Dispute Resolution In The International Oil And Gas Industries", published in The Sunday Times of Malta, December 1998.
• "Caseload Warrants Dedicated Maritime Courts And Arbitration In Malta", published in The Maritime Advocate, April 1998.
• “Shipowners In Default And Judicial Sales By Auction In Malta”, published in Maritime Law & Arbitration - Special Issue of the Baltic Magazine, March 1998.
•  Chapter on Malta in "Arrest Of Ships Handbook", published by Lloyds of London Press,  1997.
• "Arrest Of Ships And Counter Security", published in the Lloyds Ship Manager, July 1997.
• "Vessel Arrest Law Needs To Be Brought In Line With Reality", published in the Lloyds List, November 1997.
• "Section 37 Proves A Pleasant Surprise", published in the Lloyds List, November 1996.
• "Maritime Law And The Law", published in ELSA - Malta Maritime and Finance, June 1905.
• Article on registration of ships, published in Fairplay, 24th June 1993.
• "Salvage And L, O, F,  '90", co-author with Mr,  Archie Bishop, Senior Partner of Holman, Fenwick and Willan, published in The Sunday Times of Malta, February 1991.
• "Arrest Of Vessels In Malta”, published in the Lloyds List, November 1990.
• "1989 And The Law On The Carriage Of Goods By Sea", published in the Lloyds List, February 1990.
• "An Introduction To The Maltese Legal System”, published in the Lloyds List, November 1989.
• “An Electronic Alternative To The Traditional Bill Of Lading”, published in Corporate Briefing, June 1989.

Conferences

• Delivering speech entitled “Il-Qasam Marittimu” during the Visjoni 2015 Forum at the P.N. Headquarters, Malta, May 2010
• Delivering presentation entitled “Superyacht Flag Registration” during the Captains’ Forum held at the Yacht Club de Monaco, Monaco, April 2010
• Chairing of Seminar entitled “The Rotterdam Rules – A new International Regime for Cargo Claims” organised by the Malta Maritime Law Association held at the Malta Chamber of Commerce, Enterprise and Industry, Malta, February 2010
• Delivering presentation entitled “Responsibility and Vulnerability of the Flag State in piracy and hijacking cases” during the International Symposium on Maritime Security held at the World Maritime University, Malmo, Sweden, November 2009
• Delivering presentation entitled “Legal Framework supporting the Yachting Industry in Malta” during the Superyacht Seminar held at the Excelsior Hotel, Malta, August 2009
• Chairing of Seminar entitled “The Environmental Salvage” organised by the Malta Maritime Law Association held at the Westin Dragonara Resort, Malta, September 2008

Memberships/Involvements

Vice Chairman of the Yachting Services Trade Section
Associate Member of the International Salvage Union
2002-present  Appointed Arbitrator in Maritime Law by The Malta Arbitration Center
2000-present  Chairperson of The Pilotage Board
1993-present  Lecturer on Carriage of Goods by Sea and Salvage, Towage & Pilotage at the University of Malta
1993-1996  Lecturer on charterparties at the International Maritime Law Institute
Member of the Malta Chamber of Advocates
Member of the Intl. Bar Association
Founding Member of the Malta Maritime Law Association and current president
Member of the European Marine Law Organization (London, U.K.)
Consociate of the London Institute of Marine Engineers
Member of the Institute of Petroleum (London, U.K.)
Member of the London Maritime Arbitration Association
Member of the Intl. Maritime Forum (London, U.K.)
Member of Melita Historika (Malta)
Member of the University of London Graduate Society.