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Acclaimed as the standard reference work on the law relating to time charters, this new edition provides a comprehensive treatment of the subject, accessible and useful both to shipping lawyers and to shipowners, charterers, P&I Clubs and other insurers. It provides full coverage of both English and U.S. law, now updated with all the important decisions since the previous edition. The English decisions covered in the new edition include: The Kos (the Supreme Court on the effect of withdrawing a ship with cargo on board); The Athena (nature of off-hire; meaning of 'loss of time’/'time thereby lost'); The Kyla (damage to ship and frustration); The Silver Constellation, The Savina Caylyn and The Rowan (oil company approval of chartered ships); The Captain Stefanos, The Saldanha, The Triton Lark and The Paiwan Wisdom (effects of piracy); The Kildare and The Wren (damages for early termination); The T S Singapore (off-hire where ship going 'towards but not to' the port ordered), and The Lehmann Timber, The Bulk Chile and The Western Moscow (owners' liens) The new edition also features many significant new U.S. decisions, including: Stolt-Nielsen v. Animal Feeds Intl. (Supreme Court rules class-action arbitration not permitted unless parties agree in arbitration agreement); ATHOS I (Circuit Court finds that safe berth provision in charterparty is a warranty and not merely a due diligence obligation); The M/V SAMHO DREAM (arbitrators direct petitioner to post $14.2M security on respondent’s counterclaim) and Maroc Fruit Board v. M/V VINSON (CP arbitration clause incorporated in bill of lading not "signed" or "contained in an exchange of letters or telegrams" under NY Convention).
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.
This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 12th International Colloquium at Swansea Law School in September 2016. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding charterparties. The book is set out in three parts. -Part I offers a detailed and critical analysis of issues of contemporary importance concerning time charters. -Part 2 carries out a similar analysis with regard to voyage charterparties. -Part 3 deliberates issues common to both type of charterparties. Offering critical analysis of contemporary legal issues on charterparty contracts, this book considers recent legal and practical developments and is therefore essential reading for both professional and academic readers with an interest in charterparties.
Explains the nature and formation of a bareboat charter, and examines and comments upon each of the clauses contained in the industry standard form BIMCO Barecon 89.
The book is a work of non-fiction. The book is a historical analysis of the evolution of a uniquely American constitutionalism that began with the original English royal charters for the exploration and exploitation of North America. When the U.S. Constitution was written in 1787, the accepted conception of a constitution was that of the British constitution, upon which the colonists had relied in asserting their rights with respect to the imperium, comprised of ancient documents, parliamentary enactments, administrative regulations, judicial pronouncements, and established custom. Of equal significance, the laws comprising the constitution did not differ from other statutes and as a consequence, there was no law endowed with greater sanctity than other legislative enactments. In framing the revolutionary state constitutions following the retreat of the crown governments in the colonies, as well as the later federal Constitution, the Revolutionaries fundamentally reconceived a constitution as being the single authoritative source of fundamental law that was superior to all other statutes, regulations, and judicial decisions, that was ratified by the states and that was subject to revision only through a formal amendment process. This new constitutional conception has been hailed as the great innovation of the revolutionary period, and deservedly so. This American constitutionalism had its origins in the now largely overlooked royal charters for the exploration of North America beginning with the charter granted to Sir Humphrey Gilbert by Elizabeth I in 1578. The book follows the development of this constitutional tradition from the early charters of the Virginia Companies and the covenants entered of the New England colonies, through the proprietary charters of the Middle Atlantic colonies. On the basis of those foundational documents, the colonists fashioned governments that came to be comprised not only of an executive, but an elected legislature and a judiciary. In those foundational documents and in the acts of the colonial legislatures, the settlers sought to harmonize their aspirations for just institutions and individual rights with the exigencies and imperatives of an alien and often hostile environment. When the colonies faced the withdrawal of the crown governments in 1775, they drew on their experience, which they formalized in written constitutions. This uniquely American constitutional tradition of the charters, covenants and state constitutions was the foundation of the federal Constitution and of the process by which the Constitution was written and ratified a decade later.