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.

 

She is the President of the Malta Maritime Law Association, Committee Member of the European Maritime Law Association and recently elected member of the Comité Maritime International.

 

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.

 

Recent and current cases in which she is involved include acting for Finaval S.p.a in their action against Scorpio Ship Management in which case the Court of Appeal in July 2010 awarded Finaval S.p.a $22.5 million – being the highest amount of damages ever awarded by a Maltese Court; acting for the Government of Malta together with the Attorney General of Malta in the defence of a case brought by the European Commission against the Republic of Malta claiming an alleged breach by Malta of Regulation 3577 before the European Courts of Justice – this case was decided in October 2010 whereby the claim of the European Commission against Malta was dismissed with costs;   acting  for the Privatisation Unit of the Government of Malta in the privatisation of Malta Shipyards Limited, Manoel Island Yacht Yard, Malta Superyachts Facilities, and the Ta’ Xbiex and Msida  Yacht Marinas; acting for the gas carrier Sichem Pandora in an alleged collision between it and the fishing vessel Klein Familie in the English Channel; acting for the owners of the Coral Water in a collision with Mare Blu fish farm in Malta.

Education
  • 1988-1989  LL.M. Degree in Maritime Law, University of London
  • 1986  LL.D. Degree, University of Malta. Thesis: ” 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
Memberships and Involvement

2014 Appointed Executive Councillor of the Comite Maritime International
2013 Honorary Patron of the Malta Law Academy
December 2012 – December 2013 Director of Bank of Valletta p.l.c.
2012-present Appointed Steamship Insurance Management Services Ltd Legal Correspondent for Malta
Appointed Director of the public listed company Premier Capital plc
2010 – Appointed American Club Legal Correspondent for Malta
October 2010 – Appointed Executive Board Member of the European Maritime Law Organisation
November 2008 – May 2015 Member 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
2000-2010  Chairman 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.

Speaking Engagements
    • “The Role of a Maritime Law Practitioner”, ELSA Malta Maritime Law Summer Law School, Malta, August 2015
    • “Exploring the future of Shipping, Marine and Maritime Industries in the Mediterranean, African and European Region”, 1st MARE Forum, Malta, April 2015
    • “The Role of a Maritime Law Practitioner”, International Maritime Law Institute, Malta, October 2014
    • “The legal development of a Maritime Nation”, World Maritime University, Transport Malta, Malta, May 2014
    • “What keeps you awake at night”, Joint EMLO and MMLA Seminar, Malta Chamber of Commerce, Enterprise and Industry, Malta, May 2014
    • “Malta – An Aviation & Marketing Jurisdiction”, STEP Malta Conference, Hilton Hotel, Malta, March 2014
    • “US Embassy Speed Monitoring Event”, US Embassy, Malta, March 2014
    • “Civil Liability in Maritime Transport”, Business Leaders Malta, Radisson Blu, Malta, December 2013
    • MMLA “European Maritime Day Celebration”, Malta Chamber of Commerce, Enterprise and Industry, Malta
    • Guest speaker on programme “L-Istampa Kollha” on NET TV, May 2013
    • Guest speaker on programme “TV HEMM” on TVM, May 2013
    • “Interesting Episodes in the life of Tug Malta Ltd. “, Launch of book Malta Tugs, Malta Maritime Museum, Malta, May 2013
    • “Sharing Parental and Career Responsibilities”, Malta Institute of Management, Villa Arrigo, Malta, May 2013
    • “The legal development of a Maritime Nation”, World Maritime University, Transport Malta, Malta, May 2013
    • “An important 10th Anniversary”, 47th General Meeting of the European Maritime Pilots Association, Westin Dragonara Resort, Malta, April 2013
    • “The Piracy Phenomenon”, Licencing of Private Maritime Security Companies Regulations, 2013, Malta Chamber of Commerce and Enterprise, Malta, April 2013
    • Guest speaker on programme “Il-mara ta’ llum” on NET TV, March 2013

Forming part of the panel as a guest speaker on the programme Xarabank on TVM, March 2013

  • “Opportunities in Superyachts”, Westin Dragonara Resort, Malta, March 2013
  • “The Maritime Labour Convention”, Malta Maritime Law Association, Malta, February 2013
  • “Ambassadors’ Circle Working Breakfast”, Villa Bologna, Malta, February 2013
  • “Mothers in Management”, Malta Institute of Management, Brussels, February 2013
  • Interview with IHS Fairplay entitled “Malta defends itself on tonnage tax”, January 2013
  • Providing expert maritime opinion regarding PL Energy proposal on the programme Bondi + on TVM2, January 2013
  • Forming part of the panel as a guest speaker regarding PL Energy proposal on the programme Close Up on TVM2, January 2013
  • “UNCLOS at 30”, International Ocean Institute & University of Malta, Malta, November 2012
  • “ELSA Malta Law Review Debate”, European Law Students Association (ELSA) Malta, November 2012
  • “General Characteristics of a local Maritime Lawyer”, International Maritime Law Institute, Malta, September 2012
  • “The Role of a Maritime Law Practitioner in the Shipping Industry”, International Maritime Law Institute, September 2012
  • “The Development of a Maritime Nation”, organised by the Rotary Club, Malta, May 2012
  • “This is Superyacht Malta” on the invitation of Camper and Nicholson Marinas during Malta Month at Harrods, London, March 2012
  • TVAM interview regarding the Costa Concordia, January 2012
  • France 2 television interview regarding Maltese maritime law, January 2012
  • “The Development of a Maritime Nation”, organised by Fenech & Fenech Advocates, Malta, December 2011
  • “Study Workshop on the Amelia Cacace”, orgaqnised by the Malta Maritime Law Association, Malta, November 2011
  • “2011 Business Networking Event – Expand Your Opportunities”, organised by the Junior Chamber International Malta, Malta, October 2011
  • “Yacht and Superyacht Registration in Malta”, organised by Transport Malta, France.
  • “Maritime Law Review”, organised by the European Law Students Association (ELSA), Malta, August 2011
  • “Yachting in Malta: the Way Forward”, Superyacht Industry Seminar, Malta, April 2011
  • Chairing discussion on IVF, organised by AZAD, Malta, March 2011
  • “Maritime Malta Contemporary Legal issues”, World Maritime University students, Malta, February 2011
  • “User perceptions – other professions”, organised by the Malta Institute of Accountants, Malta, December 2010.
  • “Financing new buildings in the current climate”, organised by Studio Legale Lauro, Naples, Italy, October 2010
  • “Yacht and Superyacht Registration in Malta”, organised by Transport Malta, London Stock Exchange, United Kingdom, October 2010
  • “Il-Qasam Marittimu”, during Vizjoni 2015 Forum, PN Headquarters, Malta, May 2010
  • “Superyacht Flag Registration”, Captain’s Forum, held at the Yacht Club de Monaco, Monaco, April 2010
  • “The Rotterdam Rules – A new International Regime for Cargo Claims”, organised by the Malta Maritime Law Association, Malta, February 2010
  • “Responsibility and Vulnerability of the Flag State in piracy and hijacking cases” World Maritime University, Malmo, Sweden, November 2009
  • “Legal Framework supporting the Yachting Industry in Malta”, Superyacht Seminar, Malta, April 2009
  • Chairing Seminar “Environmental Salvage”, organised by the Malta Maritime Law Association in conjunction with the International Salvage Union, Malta, September 2008
  • “Ship Arrest in Malta”, Comprehensive Guide to Ship Arrests, Lloyds Maritime Training Programme, London, November 2007
  • “Pondering on the EU Green Paper on Maritime Policy”, International Ocean Institute, Malta, November 2006
  • “Green Paper on an Integrated Maritime Policy. Where does Malta fit in?”, Vodafone Economic Forum, Malta, September 2006
  • “Investigations from the view of the P&I”, European Maritime Accident Investigators International Forum, Malta, March 2006
  • “Legal issues in Port Environment”, World Maritime University students, Malta, February 2005
  • “Arrest of Ships in Malta”, Lloyds Maritime Training Programme, London, November 2004
  • “Legal issues in Port Environment”, World Maritime University students, Malta, February 2004
  • “Law in the context of Port Policy and Management”, Malta-Commonwealth Third Country Programme 2002, Malta, November 2002
  • “Port Management”, World Maritime University students, Malta, February 2002
  • “Where is Maritime Malta Heading?”, The Chartered Institute of Transport (Malta), Malta, May 2001
  • “Maltese Law and Towage”, World Maritime University students, Malta, February 2001
  • “Port Legislation”, Malta-Commonwealth Third Country Programme 2000, Malta, June 2000
  • “Maltese Law and Salvage”, IBA Conference, Amsterdam, May 2000
  • “Port Legislation”, Malta-Commonwealth Third Country Programme 1999, Malta, September 1999
  • “Arbitration & Arrest of Ships”, European Law Students Association (ELSA), Malta, August 1999
  • “Jurisdiction in Rem and Arrest”, Malta Maritime Law Association, Malta, October 1997
  • “The difference between Salvage and Towage”, Tug Malta Ltd, Malta, May 1997
  • “A lawyer’s involvement with a Tug Company”, World Maritime University students, Malta, May 1997
  • “Charter Parties”, European Law Students Association (ELSA), Malta, November 1993

 

Articles and Publications
  • “Malta has a strong spontaneous maritime vocation indeed”, published by the Ship2shore website, August 2015
  • “Malta Chapter”, published in The Shipping Law Review, August 2015
  • “Wrongful arrest of ships”, published by the International Law Office, May 2015
  • “Wrongful arrest of ships”, published by the Times of Malta, May 2015
  • “Court-approved Private Sales”, published by the International Law Office, March 2015
  • “Malta’s court-approved private sales work to the benefit of all involved”, published by TradeWinds, February 2015
  • “Malta – A Maritime Jurisdiction”, published by Expert Guides, January 2015
  • “When can you arrest a vessel?”, published by The Sunday Times of Malta, September 2014
  • “Malta Chapter”, published in The Shipping Law Review, August 2014
  • “Maritime Malta, the legal perspective”, published by The Malta Maritime Directory, May 2014
  • “20 Years of Maritime Law”, published by The Times of Malta, April 2014
  • “An Entrepreneurial and Innovative Edge”, published by The Economic Update, February 2014
  • “Malta Developments”, published by Shipping & Transport International, December 2013
  • “Malta’s Maritime Vocation” published by Property & Life Magazine, December 2013
  • “Law of the Sea”, published by The Sunday Circle, November 2013
  • “Private maritime Security Licence Rules”, published by The Malta Maritime Directory, April 2013
  • “New legislation introduces first scheme for private maritime security licensing”, published by International Law Office, April 2013
  • “Private maritime security licence rules are another notch for Malta”, published by The Times of Malta, March 2013
  • “Le ghall-medicina, iva ghal-ligi”, Interview with “Il-Mument”, February 2013
  • “Why the Malta Flag?”, published by Yachting in Malta 2013-2014
  • “Some fishermen have false sense of security”, Interview with the Times of Malta, September 2012
  • “Time for men to share family duties”, Interview with the Sunday Times of Malta, July 2012
  • “Ann Fenech gets ‘Best in Shipping and Maritime’ European law award”, Interview with the Times of Malta, June 2012
  • “Cruise control”, Interview on the Lawyer Magazine, May 2012
  • “Court further confirms rights of Mortgagees under Maltese Law”, published by ILO Shipping & Transport Newsletter, February 2012
  • Interview on Shipping & Transport International, January 2012
  • Malta offers ‘good value for money’ as a ship register, Interview in the Times of Malta Business Section, January 2012
  • Interview with IHS Fairplay entitled “Law Finds Solutions”, January 2012
  • “Rights of the Mortgagee under Maltese Law” (Part 2), published by The Times of Malta, January 2012
  • “Rights of the Mortgagee under Maltese Law” (Part 1), published by The Times of Malta, December 2011
  • “Court announces additional advantages for mortgagees of Maltese vessels” published by ILO Shipping & Transport Newsletter, December 2011
  • “Fenech & Fenech law firm celebrates 120 years”, published by The Times of Malta, December 2011.
  • “Malta – Ahead in the Med”, Interview with SuperYacht Business Magazine, August 2011
  • “Strategic Move to Malta – a Lifestyle Choice”, interview with The Daily Telegraph, July 2011
  • “Looking beyond the Registry” interview with Lloyds’ Fairplay, May 2011
  • “Two years on – legal developments” published by the Malta Business Weekly, May 2011
  • “Courts award record level of damages in Aframax tanker case”, ILO Shipping & Transport Newsletter, March 2011
  • “Women quotas” not the way forward”, published by The Business Times (Malta), March 2011
  • 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.
Awards

Best in Shipping and Maritime Award at the Euromoney Legal Media Group “European Women in Business Law Awards 2015”, 2015
Best in Shipping and Maritime Award at the Euromoney Legal Media Group “European Women in Business Law Awards 2014”, 2014
Best in Shipping and Maritime Award at the Euromoney Legal Media Group “European Women in Business Law Awards 2012”, 2012
Marquis Scicluna Scholarship, 1985

Recommendations

Dr Fenech received the Best in Shipping and Maritime Award at the Euromoney Legal Media Group “European Women in Business Law Awards” for 2014 and 2012
Chambers Europe 2015:
Identified as a “Notable Practitioner” in Shipping and Dispute Resolution, both in Band 1: “Managing partner Ann Fenech is unanimously regarded as a long-standing expert in maritime law. Sources say: ‘She is definitely a name in the maritime industry and very strong in litigation’. Ann Fenech is an acknowledged leading practitioner in maritime law and handles contentious as well as transactional matters.”
Legal 500 2015:
Shipping department team head Ann Fenech is identified as ‘the number-one expert in maritime matters in Malta’.
Listed for outstanding lawyers nationwide as an “Elite Leading lawyer” for Dispute Resolution.
Chambers Europe 2014:
Listed under Band 1 for Shipping
“Managing partner and department head Ann Fenech is considered “the respected authority” for questions in this area. One source states: ‘She has strong knowledge of shipping law, makes a clear analysis of the issues, and maintains a high level of involvement throughout the life of the case’.”
Listed under Band 1 for Dispute Resolution
Managing partner and marine disputes expert Ann Fenech is widely regarded as one of the best litigators in Malta.
Listed under Band 1 for Shipping and as a “Star Individual” for Shipping for another year running.
Legal 500 2014:
Marine department head Ann Fenech is ‘always available to respond to any and all queries’.
Chambers Europe 2013:
For another year running, Dr Fenech listed as a Star Individual for Shipping
“Sources recognise Ann Fenech as ‘amongst the top shipping lawyers in Malta’. As one client attests: ‘She’s very responsive to what the client wants and really enthusiastic about her job. Simply excellent”.
Listed under Band 1 for Dispute Resolution
“Marine litigation expert Ann Fenech has a towering reputation in the Maltese market. Clients describe her as ‘dynamic, efficient and straightforward”.
Legal 500 2013:
“Ann Fenech has ‘vast experience in shipping’” and “is ‘very fast on her feet’”.
IFLR1000 2013:
“A client is particularly satisfied with Fenech: ‘She’s among the very best’.”