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Enforcement of Maritime Claims

Enforcement of Maritime Claims Author David Jackson
ISBN-10 9781135119225
Release 2013-08-22
Pages 1072
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The fourth edition consists of consideration of all aspects of the jurisdiction of English courts and arbitrators over maritime claims, applicable law, judgments, remedies and security interests, including the continuing critical impact of membership of the European Union. The comprehensive updating encompasses legislative, convention and judicial developments since the publication of the last edition in 2000 – in particular the replacement of the amended Brussels Jurisdiction and Judgments Convention 1968 by Council Regulation 44/2001 and its effect on other maritime convention jurisdiction provisions, relevant Civil Procedure Rules and judicial interpretation of both.



Shipping and the Environment

Shipping and the Environment Author Colin De La Rue
ISBN-10 9781317375821
Release 2015-06-03
Pages 1360
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The first edition of this book was quickly acclaimed as the new leading text worldwide on the law and practice of pollution from ships. The second edition deals with a variety of developments since then in this fast-moving subject: the Erika and the Prestige; changes in international law on maritime safety and compensation; latest decisions on claims for compensation; analysis of the SCOPIC regime; new material on ports of refuge, transboundary movements, and pollution from offshore craft; latest cases and regulatory changes in the US; and enlarged chapters on enforcement of laws and criminal sanctions. Like its predecessor, the second edition is superbly indexed and written clearly with the needs in mind of a wide international readership.



International Cargo Insurance

International Cargo Insurance Author John Dunt
ISBN-10 9781317999249
Release 2013-07-18
Pages 500
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International Cargo Insurance examines the law and practice of marine cargo insurance on a worldwide basis, and provides the busy practitioner the information needed to quickly and accurately resolve cargo insurance coverage issues, wherever they may arise. The book concentrates on the law in the United States and England. It then examines other countries with a common law tradition including Hong Kong, Singapore, Japan and Australia. The civil law systems are highlighted in a number of key trading nations: Italy, Germany, France and Norway. The book includes chapters on South Africa as well as the People’s Republic of China. It concludes with a comparative law chapter concentrating on issues that arise in practice in cargo coverage cases. This chapter also examines how the Institute Cargo Clauses have been construed by Courts worldwide. The appendices include the standard cargo policy insurance terms used in each jurisdiction, some translated for the first time for this volume, as well as translations of the relevant statutes and commercial codes, many not available elsewhere.



Maritime Letters of Indemnity

Maritime Letters of Indemnity Author Felipe Arizon
ISBN-10 9781317915805
Release 2014-05-23
Pages 208
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This unique new title provides expert, hands-on advice as to the law and practice of the maritime letter of indemnity. Detailing the variety of implications that can arise from each type of letter, the authors bring this important and litigious subject to the fore with a view to reducing the commercial and legal risks involved in this core area of shipping and international trade. Key features of this title include detailed legal analysis of: The history of indemnity contracts and letters of indemnity Shipping and international trade contexts where letters of indemnity are used GAFTA sale contract forms and standard letter of indemnity P&I Clubs forms The enforceability of maritime letters of indemnity The rights and liabilities for sellers, buyers, banks and ship owners which arise from the use of letters of indemnity The impact on the system based on the use of bills of lading and on electronic bills of lading Policy issues arising from the use of letters of indemnity in practice and of the practicalities of litigation involving letters of indemnity. As the only text currently on the market covering maritime letters of indemnity in such detail, this book will be an indispensable guide for maritime lawyers, professionals and academics alike, as well as shipowners, charterers, commodity traders and trade finance professionals



The Law of Ship Mortgages

The Law of Ship Mortgages Author David Osborne
ISBN-10 9781317660439
Release 2016-09-13
Pages 636
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Thought to be the most comprehensive guide to English law relating to ship mortgages, the second edition of The Law of Ship Mortgages has been highly anticipated. This fully-updated and complete explanation provides practitioners with a practical, commercially-based, and definitive guide to the English law of ship mortgages as well as important related areas such as conflict of laws and insolvency. The authors, being seasoned practitioners themselves, bring their practical experience to bear on a number of difficult and developing areas of the law, such as: mortgagees’ duties, liability to charterers, conflicts of laws, work-outs and cross border insolvency. New to this edition: In-depth analysis of noteworthy cases such as The WD Fairway litigation, PK Airfinance v Alpstream, and Tropical Reefer and Anton Durbeck v DNB Enhanced coverage of issues such as security interests in ships, priority, and third party involvement Completely revised and reordered content, to better reflect practitioner needs Written with practitioners in mind, this new edition will be extremely useful to legal professionals working in any jurisdiction that is involved in international ship finance, as well as post-graduate students and academics.



Berlingieri on Arrest of Ships

Berlingieri on Arrest of Ships Author Francesco Berlingieri
ISBN-10 9781135117474
Release 2013-08-29
Pages 880
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This book is an invaluable source of information about the claims in respect of which a ship may be arrested in the various maritime countries of the world, the conditions for obtaining an order of arrest, the need, if any, for a security, the manner by which the ship that has been arrested may be released, the possibility of a multiple arrest and the jurisdiction on the merits. Berlingieri provides an analysis and insightful commentary, on an article per article and paragraph per paragraph basis, of the 1952 International Convention for the Unification of Certain Rules Relating to the Arrest of Sea-Going Ships and the 1999 International Convention on Arrest of Ships (entering into force September 2011). New to this edition Updating of the information on the interpretation of the 1952 Convention in a number of Contracting States An analysis of the adoption of the rules of the 1999 Conventions in various States of the world, including China, the member States of the Communauté Économique et Monétaire de l’Afrique Centrale (Cameroon, Congo, Gabon, Tchad), the member States of the Comunidad Andina (Bolivia, Columbia, Ecuador and Peru) and Venezuela. This book is a useful reference tool for practitioners, as well as academics and post-graduate students of maritime law.



Maritime Letters of Indemnity

Maritime Letters of Indemnity Author Felipe Arizon
ISBN-10 9781317915805
Release 2014-05-23
Pages 208
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This unique new title provides expert, hands-on advice as to the law and practice of the maritime letter of indemnity. Detailing the variety of implications that can arise from each type of letter, the authors bring this important and litigious subject to the fore with a view to reducing the commercial and legal risks involved in this core area of shipping and international trade. Key features of this title include detailed legal analysis of: The history of indemnity contracts and letters of indemnity Shipping and international trade contexts where letters of indemnity are used GAFTA sale contract forms and standard letter of indemnity P&I Clubs forms The enforceability of maritime letters of indemnity The rights and liabilities for sellers, buyers, banks and ship owners which arise from the use of letters of indemnity The impact on the system based on the use of bills of lading and on electronic bills of lading Policy issues arising from the use of letters of indemnity in practice and of the practicalities of litigation involving letters of indemnity. As the only text currently on the market covering maritime letters of indemnity in such detail, this book will be an indispensable guide for maritime lawyers, professionals and academics alike, as well as shipowners, charterers, commodity traders and trade finance professionals



Lloyd s Law and Practice

Lloyd s  Law and Practice Author Julian Burling
ISBN-10 9781134501502
Release 2013-09-05
Pages 588
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The unique features of the Lloyd’s Corporation and Market and their governing rules are complex and are often difficult to navigate even for the most seasoned practitioner. This book provides the reader with a definitive and detailed guide, and is essential for any practitioner dealing with Lloyd’s Insurance. After a brief historical account, the book provides a thorough legal description and analysis of Lloyd’s, which includes topics ranging from the constitution and membership requirements of Lloyd’s, UK and overseas regulation, the processes for placing and underwriting business and handling claims, chain of security, enforcement and disciplinary matters, compensation and the reconstruction and the renewal of the Lloyd’s market between 1990 and 1996. The book will be an invaluable reference tool for insurance practitioners and professionals dealing with Lloyd’s. Julian Burling is a barrister at Serle Court, and has been involved in advising on and implementing nearly all significant legal developments at Lloyd’s in the last 25 years.



The York Antwerp Rules The Principles and Practice of General Average Adjustment

The York Antwerp Rules  The Principles and Practice of General Average Adjustment Author Michael Harvey
ISBN-10 9781317749868
Release 2014-04-03
Pages 464
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Written from the perspective of the Average Adjuster, this book is an essential read for practitioners in maritime law and marine insurance. The book contains: • Historical references regarding the establishment of GeneralAverage from Roman Law onwards • Establishment of the International rules: • The Glasgow Resolution 1860 • The York rules of 1864 • The York-Antwerp Rules 1877, 1890, 1924, 1950, 1974 & 1994 • The variation and changes to the text in 2004 but only those which had a significant effect • Why the 2004 changes were not universally adopted; and • General average security.



P I Clubs Law and Practice

P I Clubs  Law and Practice Author David Semark
ISBN-10 9781135117757
Release 2013-05-02
Pages 528
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This fourth edition is a detailed but easy-to-follow account of the constitution, workings and daily practice of protection and indemnity clubs. Designed to be a practical reference source for anyone who is in any way involved with mutual insurance, it offers comprehensive guidance on the complex area of P&I Clubs. The new fourth edition has been fully revised and updated since the last edition was written in 1999. New areas emphasised in the fourth edition include: • Piracy • Charterers’ liability insurance • Defence Cover • Disputes concerning the Inter-Club Agreement • Enforceability of arbitration agreements in the Club’s Rules. • The Club’s obligation to (i) make direct payments under certificates, (ii) pay death/ personal injury claims in the event of a member’s insolvency, and (iii) make indivisible personal injury claims.



Voyage Charters

Voyage Charters Author Julian Cooke
ISBN-10 9781317746270
Release 2014-09-19
Pages 1329
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Widely regarded as the leading authority on voyage charters, this book is the most comprehensive and intellectually-rigorous analysis of the area, is regularly cited in court and by arbitrators, and is the go-to guide for drafting and disputing charterparty contracts. Voyage Charters provides the reader with a clause-by-clause analysis of the two major charterparty forms: the Gencon standard charterparty contract and the Asbatankvoy form. It also delivers thorough treatment of COGSA and the Hague and Hague-Visby Rules, a comparative analysis of English and United States law, and a detailed section on arbitration awards. Key features of the fourth edition: The only textbook to deal specifically with this key area of maritime law Written by an impressive team of highly-regarded maritime authorities from both sides of the Atlantic Contains a wealth of updated English and American case law and arbitrations, as well as addressing broader issues such as Rome II Regulation Convention regarding the conflict of laws Practical user-friendly guide, which is accessible not only to lawyers but also shipping professionals A new, detailed United States law section on COGSA This book is an indispensable, practical guide for both contentious and non-contentious shipping law practitioners, and postgraduate students studying this area of law.



Shipping and the Environment

Shipping and the Environment Author Colin De La Rue
ISBN-10 9781317375821
Release 2015-06-03
Pages 1360
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The first edition of this book was quickly acclaimed as the new leading text worldwide on the law and practice of pollution from ships. The second edition deals with a variety of developments since then in this fast-moving subject: the Erika and the Prestige; changes in international law on maritime safety and compensation; latest decisions on claims for compensation; analysis of the SCOPIC regime; new material on ports of refuge, transboundary movements, and pollution from offshore craft; latest cases and regulatory changes in the US; and enlarged chapters on enforcement of laws and criminal sanctions. Like its predecessor, the second edition is superbly indexed and written clearly with the needs in mind of a wide international readership.



The Law of Shipbuilding Contracts

The Law of Shipbuilding Contracts Author Simon Curtis
ISBN-10 9781317984368
Release 2014-04-03
Pages 466
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This is the leading text on shipbuilding and marine construction, already widely used on a global basis by shipowners, shipbuilders and their commercial and legal advisers. It is now ten years since the last edition and much has changed in the world of shipbuilding since then, particularly in the period since 2008 which has seen numerous attempts by owners to renegotiate the prices and/or delivery dates of tonnage and an enormous increase in the level of “vessel rejection” and cancellation disputes. The Law of Shipbuilding Contracts examines the principles of English contract law as these apply to shipbuilding. This edition comments in detail upon the Shipbuilders’ Association of Japan Form but now contrasts this with the NEWBUILDCON from BIMCO in 2007 and the China Maritime Arbitration Commission Forms from 2011 where these are significantly different. It also includes sections dealing with agreements ancillary to the shipbuilding contract and conversion contracts. Overview of book: Since the last edition in 2002, China has become a major global exporter of newbuildings and new BIMCO shipbuilding contract form has been published. Although retaining the original format of commentary on the Japanese (SAJ) standard form shipbuilding contract, the new edition contrasts this with the BIMCO form and the recently published China Maritime Arbitration Commission (CMAC) form in order to provide a broad ranging analysis of this complex subject. The book details the principles of English contract law as these apply to international shipbuilding. It will, as in the previous editions, also include sections dealing with the guarantees and other agreements which support the shipbuilding contract and with ship conversion contracts Essential reading for: - Purchasers and charterers of newbuilding tonnage - Shipbuilders and offshore construction yards - Lawyers and insurers working in the maritime and offshore oil and gas sectors - Banks and other finance providers



Laytime and Demurrage

Laytime and Demurrage Author John Schofield
ISBN-10 9781317991687
Release 2013-07-18
Pages 544
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Laytime and Demurrage is an indispensable book for those new to laytime and demurrage as well as anyone who needs a more in-depth analysis. It is considered to be the main source of authority on all issues to do with laytime and demurrage. This book deals with all aspects of laytime, demurrage and detention, tracing the development of the law from its origins in the nineteenth century and earlier, right up to the current day. This updated edition covers all of the judicial and arbitral decisions reported since the last edition published in 2005. It provides an both an overview of the general principles of laytime and demurrage, as well as an in-depth analysis of laytime clauses, including both fixed laytime and customary laytime. It also provides an important detailed analysis of the rules relating to commencement of laytime in berth, dock and port charters, an in-depth coverage of why laytime can be suspended and other laytime matters. The book provides a detailed analysis of demurrage rules, and finally, the book details with such matters as despatch, detention and frustration. This book will be an invaluable guide to practitioners who deal with maritime matters, as well as maritime professionals, commodity traders and brokers, arbitrators and other professionals involved in dispute resolution.



Time Charters

Time Charters Author Terrence Coghlin
ISBN-10 9781317740780
Release 2014-04-03
Pages 976
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Time Charters is recognised as the most comprehensive reference work in its field. The book has been updated to include new developments that affect the law and practice of time charters. Maintaining the clear and logical format adopted in the previous editions, Time Charters provides access to the case law to enable users to find, easily and quickly, leading authorities on any particular question that might arise. There are also separate sections dealing with the Baltime Form and the STB Form of Tanker Time Charter.



Berlingieri on Arrest of Ships Volume I

Berlingieri on Arrest of Ships Volume I Author Francesco Berlingieri
ISBN-10 9781317243939
Release 2016-11-03
Pages 717
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Now presented in two convenient volumes, the sixth edition of Berlingieri on Arrest of Ships is an invaluable source of information, detailing the claims in respect of which a ship may be arrested, the conditions for obtaining an order of arrest, the need for a security, the manner by which the ship that has been arrested may be released, the possibility of a multiple arrest and the jurisdiction on the merits. Focused on the 1952 Arrest Convention, volume I provides a unique, thorough, and updated commentary, analysing each provision with reference to its interpretation in a significant number of States Parties. Moreover, the original comments have been reviewed on the basis of the Travaux Préparatoires of the Convention, which the Author has collected and arranged under each article. In addition to this, the Travaux Préparatoires are now included as a new and important appendix to the volume. Written by a renowned expert in the field, and analysing the various conventions relating to the arrest of ships in an article-by-article and paragraph manner, this book is a useful reference tool for practitioners, as well as academics and post-graduate students of maritime law.



Marine Insurance Legislation

Marine Insurance Legislation Author Robert Merkin
ISBN-10 9781317811343
Release 2014-04-24
Pages 488
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Providing thorough, up-to-date coverage of the operation of marine insurance legislation, this text is an essential resource for today's marine insurance professional. Designed with the reader in mind, previous editions of this book have been heavily praised for its accessible and highly-practical format. Section by section, the authors deliver expert commentary on the Marine Insurance Act 1906 and related marine insurance legislation. The origin of each section or provision is clearly explained, along with the authorities decided since the legislation came into force. New to this edition: Heavily revised with the very latest case law since 2010, some of which having a dramatic effect on the law of marine insurance. The most important cases include The Cendor Mopu and Masefield v Amlin. All relevant new cases have been added from across the common law world Clarification on new legislation such as the Third Parties (Rights against Insurers) Act 2010 and the Consumer Insurance (Disclosure and Representations) Act 2012 The compulsory insurance provisions affecting oil pollution and passengers The rules on jurisdiction and choice of law in the Brussels Regulation and the Rome I Regulation This compressive text is indispensable for marine lawyers, industry professionals, and students of marine insurance law worldwide.