Owner of EVER GIVEN ship appeal against Egyptian court decision of seizure

CAIRO – 23 April 2021:  The Shoei Kisen Kaisha, the Japanese owner of the seized vessel “M.V. EVER GIVEN” in the Suez Canal, filed on Thursday an appeal before the Ismailia court of first instance against a decision of arresting the ship and her cargo, announced the insurance company (UK P&I Club) in a statement on Friday.

An economic court in Ismailia governorate issued on April 13, 2021 a decision to officially arrest the ship until paying $ 916 million in compensation.  At the same time, Egypt and the shipowner, the Chinese operator (Evergreen Line), and the insurance company (UK P&I Club) are in negotiations with the Egyptian Suez Canal Authority (SCA) to reach an agreement acceptable by all parties.

The insurance company added in its Friday statement that it was impossible to “resolve this matter” without filing the appeal against the decision, noting that a hearing of the appeal by the First Instance Court has been set on May 4, 2021.

“The appeal against the arrest was made on several grounds, including the validity of the arrest obtained in respect of the cargo and the lack of supporting evidence for the SCA's very significant claim,” said the company in the statement.

“The ‘Ever Given’ interests will continue to negotiate in good faith with the SCA to reach an amicable resolution. We are encouraged that the SCA recently allowed two of the vessel's crew members to return home for compassionate reasons, whilst the vessel remains under detention,” the statement continued.

On April 15, 2021, the Authority has allowed two members of the 25-seafarer crew to leave Egypt due to emergency personal issues, announced the SCA head admiral Osama Rabie in a statement. He affirmed that the investigations into the accident of grounding of the ship are still ongoing, in parallel with the continuation of negotiations with the shipowner and an insurance club to reach an agreement regarding 916 million claims in compensation.

The admiral affirmed that all logistical requirements for the ship's crew are provided through the shipping agency.

The insurance company also affirmed that 23 Indian seafarers crew onboard “are being supported by two additional seafarers who have joined the vessel.”

“The crew are receiving every possible support from the vessel’s owner and technical manager. The vessel is well provisioned, and the crew have internet access and can speak with their families, however they are concerned at the prospect of being unable to leave the vessel or continue their voyage” UK P&I Club added in its Friday statement.

On March 23, 2021, the Ever Given ship went aground in the 151 km of the Suez Canal, where the vessels in both directions pass, causing the suspension of the international maritime navigation through the canal for six days.

After it was freed on March 29, the ship was escorted to the Bitter Lakes for technical inspection, crew interrogation, and black box analysis.

Egypt has asked for 916 million in compensation for damages caused by the grounding of the ship, the salvage operation, and for loss of reputation.

In a statement issued on April 14, 2021, the operator (Evergreen Line) said that Egypt has asked for $ 916 million, including a “claim for salvage bonus and a US$ 300 million claim for loss of reputation and so on.”