All counsel appearing before the Marshall Islands courts are subject to the Marshall Islands Rules for Admission to the Practice of Law and for the Pr...
Marshall Islands Attorneys: Who Can Practice in the Courts of the Marshall Islands?
April 15, 2013
The Trust Company of the Marshall Islands (TCMI) and its parent company, International Registries, Inc. (IRI) through a joint venture agreement with t...
What is the Trust Company of the Marshall Islands?
December 12, 2012
In connection with term and revolving facilities, loan agreements, or shipping mortgages, called “Preferred Ship Mortgages,” for vessels registered un...
Marshall Islands Legal Opinions For Shipping Mortages
March 26, 2014
U.S. Law Guides Marshall Islands Law And Practice
March 29, 2013
United States law guides and influences Marshall Islands law and practice. Asa former U.S. Trust Territory, the Republic of the Marshall Islands modeled itsConstitution on the United States Constitution, and therefore, it is influenced by theAmerican legal system. Although the courts are not bound by foreign law, Article1, Section 3 provides that “[i]n interpreting and applying this Constitution, a courtshall look to the decisions of the courts of other countries having constitutionssimilar, in the relevant respect, to the Constitution of the Marshall Islands.”
With regard to corporate law, the Marshall Islands closely follows U.S. law,particularly the laws of the State of Delaware. The Marshall Islands Revised Code(“MIRC”) explicitly instructs the courts to look to Delaware corporate law. TheMarshall Islands Business Corporations Act “shall be applied and construed to makethe laws of the Republic … uniform with the laws of the State of Delaware.” See 52MIRC, Part I, § 13.
With regard to maritime law, the Marshall Islands has adopted the common law of the United States. The Marshall Islands Revised Code provides that as long as it does not conflict with Marshall Islands law, “the non-statutory general maritime law of the United States of America is hereby declared to be and is hereby adopted as the general maritime law of the Republic.” See 47 MIRC § 113.
Furthermore, in the Marshall Islands all attorneys are bound by the American BarAssociation Model Rules of Professional Conduct. See Rule 5(f) of the MarshallIslands Rules for Admission to the Practice of Law and for the Practice of Law(2007). In addition, the Marshall Islands Rules of Civil Procedure (“MIRCP”) aremodeled after the United States Federal Rules of Civil Procedure. The 2013 MIRCPwere adopted on February 4, 2013, and became effective on March 4, 2013.