Modern Maritime Law - Volume 2 - Managing Risks and Liabilities

Author(s)                 Aleka Mandaraka-Sheppard
Publisher Informa Law from Routledge
Date 2013
Pages 932
Format pdf
Size 3.1 Mb

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   It is made clear in this and in the previous editions that the price for failing to recognise and address proactively how to keep up with compliance with regulations and minimise the hazards that can lead to accidents, or disputes, could be high in terms of financial or reputational losses, business disruption and damage to commercial or client relationships. Thus, the title of this book reflects its modern perspective, and the subtitles of each volume are about, first, the risks of litigation and, second, how to manage risks and liabilities. A third volume will follow in due course to complete the series. Since the second edition, considerable case law and significant developments have taken place in jurisdictional matters and conflict of laws, including, but not limited to, the redraft of the Brussels I Regulation, which poses new thinking with regard to choice of forum agreements, arbitration and other issues. The chapters have been substantially overhauled, and a new chapter on freezing injunctions and the US Rule В Attachment has been included; the Rule В attachment is contributed by Alan Van Praag, a New York lawyer. Aside from the introductory parts on the jurisdiction of the English courts and the principles of the arrest of ships, there have been new court decisions in the areas of: sovereign immunity, stay of proceedings for breach of jurisdiction or arbitration agreements, forum non-conveniens, anti-suit injunctions, anti-arbitration injunctions, damages for breach of arbitration agreements, appeals against arbitration awards, tiered dispute resolution clauses, freezing injunctions and the US Rule В attachment, beneficial ownership and the piercing of the corporate veil, including how the law of associated ship arrest in South Africa has developed. A critical analysis of the law in relation to wrongful arrest of ships is made, and reform of the present law is proposed. Foreign case law is referred to when it is necessary to show how the law develops, in particular areas, in the other common law jurisdictions.

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