Lloyd's Maritime Law Newsletter
Amerada Hess Shipping Corporation and United Carriers Inc. v. Argentine Republic (The Hercules) - U.S. Court of Appeals (2nd Circuit) (Feinberg C.J., Oakes and Kearse Ct.JJ.) - 11 September 1987
Neutral Liberian vessel bombed by Argentine forces during 1982 Falklands War - Whether U.S. courts have jurisdiction to hear plaintiffs’ claim against Republic of Argentina
Amerada were the time-charterers, and United Carriers the owners of the oil tanker
Hercules
. On 25 May 1982 the
Hercules
embarked from the Virgin Islands, without cargo but fully fuelled, headed for Alaska. At that time, the Falklands War was
in progress between Britain and Argentina. On 3 June, in an effort to protect U.S. interest ships, the U.S. Maritime Administration
telexed to both the United Kingdom and Argentina a list of U.S. flag vessels and U.S. interest Liberian tankers (such as
Hercules
) that would be traversing the South Atlantic, to ensure that those neutral vessels would not be attacked. The list included
Hercules
.