Publisher's Synopsis
This unique title examines in depth issues of jurisdiction, maritime law and practice from a modern perspective and highlights the importance of risk management with a view to avoiding pitfalls in litigation or arbitration and minimising exposure to liabilities.
The third edition has been fully revised and restructured into two self-contained volumes, the first covering jurisdictional issues and risks and the second exploring the diverse aspects of maritime law, risks and liabilities.
The first volume tackles a wealth of complex jurisdictional aspects, ranging from the enforcement of maritime claims to a detailed analysis of the conditions of arrest of ships, including reconsideration of wrongful arrest, beneficial ownership, forum non-convenience and limitations upon the jurisdiction of the English courts.
The second volume tackles the substantive maritime law with a particular emphasis on risk and liabilities, and analyses issues of contract, tort and criminal law, causation and remoteness of damages.
Key features of Volume One include:
- Expert analysis of the very latest case law, including noteworthy cases in international jurisdictions
- Highlights important recent changes and developments in:
- piercing the corporate veil - State immunity
- conflict of laws and jurisdictions
- stay of proceedings for breach of jurisdiction or arbitration agreements
- issues arising from tiered dispute resolution clauses
- anti-suit injunctions
- Timely examination of the EU jurisdiction scheme and the Review of the Brussels I Regulation
- New Chapter on Freezing Injunctions as compared with the US Rule B Attachment
Key features of Volume Two include:
- An analysis of the regulatory regime, new EU and IMO safety at sea legislation, reforming practices for flag states and recognised organisations, vetting, codes of good practice, and International Conventions.
- An explanation of the Rules of attribution of liability, the impact of the ISM Code upon liabilities, including criminal, corporate manslaughter, and the new Directive for ship-source pollution.
- Important developments in areas including:
- Ship-managing risks, best endeavours and fiduciary duties
- Mortgagees risks and economic torts
- New BIMCO standard terms of contracts
- Ship-sale risks - including sale "as is" and "as she was"
- Shipbuilding risks - guarantees and performance bonds
- New trends on wrongful acts of employees, collisions and measure of damages, salvage issues, environmental salvage, and towage contracts
- Piracy risks cases and general average
- New perspectives on risks and liabilities of port authorities
- Pollution liabilities, including trends of prosecution of class societies and charterers and new limits of liability under International Conventions
This book serves as an invaluable reference for lawyers, academics, and a host of shipping and risk management professionals worldwide
Both volumes are also available to purchase individually:
Volume 1 at http://www.routledge.com/books/details/9780415835169/
and Volume 2 at http://www.routledge.com/books/details/9780415839068/
