This text provides an explanation of the responsibilities and liabilities of the shipbroker, both in direct contact with principles and as part of a chain of other brokers. Highlighting legal questions arising from ways in which the broker's business is done, issues addressed in this book include potential legal liabilities as well as common negligence claims. The book also deals with the shipbroker's entitlement to commission and the problems associated with litigation in this area. It is suitable for ship owners, charterers, agents and marine consultants, as well as brokers.
This text provides an explanation of the responsibilities and liabilities of the shipbroker, both in direct contact with principles and as part of a chain of other brokers. Highlighting legal questions arising from ways in which the broker's business is done, issues addressed in this book include potential legal liabilities as well as common negligence claims. The book also deals with the shipbroker's entitlement to commission and the problems associated with litigation in this area. It is suitable for ship owners, charterers, agents and marine consultants, as well as brokers.
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
'Shipping Law' covers the whole spectrum of English shipping law. It takes a structured and integrated approach to the highly specialised rules of shipping, which are placed in their commercial context and related to the general principles of English contract and tort law.
Written by a team of acclaimed practitioners and leading academics, this book brings together in one single volume an analysis of contemporary legal issues concerning ship building, sale and finance contracts. It offers a comprehensive, expert and thoroughly practical guide on what is a very complex area of law in today's international shipping industry. The book presents a detailed and critical analysis of standard and non-standard shipbuilding and sale contracts, including vital but often overlooked issues such as payment and refund guarantees, which have been at the forefront of recent litigation and practice. It also critically and thoroughly analyses several types of standard insurance contracts, including shipbuilder's risks and mortgagee's interests, which are not adequately dealt with elsewhere and it provides a critical and contemporary discussion on the legal and practical issues surrounding ship finance, ship mortgages and more esoteric issues such as the use of bareboat charters and financial derivatives. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide. The book is divided into 3 parts; Legal Issues relating to Ship Building, Ship Sale Contracts and Practice, and Legal and Practical Issues relating to Ship Finance. Each has been expertly contributed to by the leading practitioners and academics in the field from top firms, chambers and institutions including; Ince & Co, Quadrant Chambers, Haynes and Boone CDG, LLP, Holman Fenwick Willan LLP, Watson Farley & Williams LLP, 7 Kings Bench Walk, and Institute of International Shipping and Trade Law (IISTL) of Swansea University.
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.
Ship Sale and Purchase is an essential working guide for anyone involved in the business of making ship sale contracts and also in the resolution of related disputes. It continues to be of great practical use, highlighting typical problems and tensions between the parties to ship sale contracts, as well as best practice. This sixth edition contains a clause-by-clause commentary on SALEFORM 2012, the latest edition of the highly successful Memorandum of Agreement for the Sale and Purchase of Ships, issued by BIMCO and the Norwegian Shipbrokers Association. Key differences with the previous SALEFORM are described in order to help all involved get up to speed. Recent case law is evaluated to highlight contractual issues that have arisen in recent years and a comprehensive description of the many ways in which the standard form provisions may be modified to suit the particular requirements of each transaction. It provides complete coverage on the subject by including a practical overview of two other ship sale contracts, the current (1999) edition of Nipponsale and the first edition (2011) of the Singapore Ship Sale Form.
Now in its eighth edition, this classic text is a first point of reference for anyone looking to obtain an understanding of chartering and shipbroking practice. It provides hands-on, commercially-focused explanations of chartering business and invaluable advice on how the shipping market operates across a broad range of topics. The authors also deal expertly with the legal, financial, operational and managerial aspects of chartering, offering numerous case studies which clearly link theory to practice. This new edition has been fully revised and updated to reflect the current trends in chartering practice, legal developments and standard forms of charterparties. New to this edition: Enriched with practical examples covering crucial aspects of chartering and shipbroking business, such as voyage estimations, freight conversions and tanker calculations. New material on day-to-day laytime principles, including "Laytime Definitions for Charterparties 2013", associated commentary and relevant examples. Shipping Marketing as a modern tool of improving chartering and shipbroking business. Expanded coverage of the economic background of chartering, including markets, vessels, cargoes, trades and fixtures. Freight rates for all vessel types from 1980 to 2015. Updated review of well-known standard charterparty documents (including NYPE 2015), together with clauses and wordings commonly applying to various charter types. Analytical glossary containing typical terms and abbreviations used in chartering negotiations. This book is an essential guide for practitioners in private practice and in-house for shipowners and cargo houses, as well as those studying shipbroking and chartering.
Shipping and distributed ledgers : of paper, code and progress / Andrew Tettenborn -- Blockchain and electronic bills of lading : can revolutionary technology facilitate evolutionary change / John Russell -- Distributed ledger technology and commercial insurance : the beginning of a new era? / Barış Soyer -- UNCITRAL model law on electronic transferable records : the missing link towards e-shipping? / Olivier Cachard -- Autonomous systems : cyber risks and seaworthiness / Paul Dean, Henry Clack and Astrid Ainley -- Use of unmanned aircraft systems in a maritime context : operational, regulatory and legal issues / George Leloudas and Michael Chatzipanagiotis -- The role AI and machine learning will play in Maritime and Trade Law / Julian Clark and David Owens -- Maritime intellectual property : shining a light on the protection of disruptive technologies within the shipping industry / Andrew Beale -- The human element in autonomous shipping / Zoumpoulia Amaxilati -- Shipping and climate change / Simon Baughen -- International legal aspects of arctic shipping / Youri van Logchem -- Paving the way for a (European) emission trading system for shipping : EU and IMO on different paths / Ellen Eftestøl and Emilie Yliheljo -- Liability for climate damage and shipping / Ewan McGaughey.
