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The book examines and analyses in depth the specific issues which are currently occupying the marine insurance markets and the law. The London market is currently re-examining its practices and international competitiveness; and the English case law is growing significantly. The issues identified in the book are the “fundamental issues” on which marine insurance law is based, and which are in the process of being re-examined and developed further to respond to the needs of modern insurance practice. They are of wider interest to insurance law in general and the evolution of English law is analysed against the backdrop of legal developments in Europe and Scandinavia.
The public trust doctrine. Role of the states. Managing coastal development. National environmental policy act ...
Marine Insurance: Law and Practice, Second Edition, continues to provide the most comprehensive and integrated account of the English law and practice of marine insurance. It provides readers with a fresh and up-to-date review of the modern law in the light of traditional principles and rules of underlying commercial law, and the specific statutory rules of marine insurance as interpreted by case law, as moderated in practice by market practices and standard form marine insurance clauses. Francis Rose clarifies the law’s underlying framework of principles and illustrates how it works in common contractual situations, explaining how the different components of the law interact. The new edition has been updated to incorporate: • the most recent case law: there have been some very important judgments handed down since the book first published, including: The Cendor MOP, The Silva, The Resolute and The Marina Iris • the implications of the introduction of: Institute Cargo Clauses 2009, the effect of the Gambling Act 2005 and the Third Parties (Rights Against Insurers) Act 2010 Law Commission reform proposals The book explores in detail the following areas: • the nature of insurance • insurable interest • the insurance contract • the premium • insured risks • marine risks • exclusions • losses • claims • subrogation • double insurance
This book provides a comprehensive and coherent legal analysis of the impact of fraud on the position of various parties to a marine insurance contract, as well as the cover provided by standard marine policies. The issues under discussion in this invaluable guide are also equally relevant in the context of non-marine insurance contracts. Helpfully divided into two parts; the first part deals with the impact of fraud committed by parties to an insurance contract i.e. the assured, brokers and insurers.The second part analyses the extent to which standard marine policies cover the fraudulent and dishonest activity of third parties to an insurance contract. This book will be of huge practical assistant to practitioners specialising in marine insurance as well as insurance generally, and to professionals, academics and post-graduate students.
This erudite Research Handbook presents in-depth analyses on marine insurance law, exploring its fundamental issues, legal conflicts and the ways in which technology has changed the marine insurance landscape. Bringing together a vast array of expert legal scholars and practitioners, this book adeptly relates marine insurance to international trade, cyber insurance and pandemic exclusions.
The new edition of this British Insurance Law Association (BILA)-award winning text is the definitive reference source for marine cargo insurance law. Written by an author who was closely involved with the revisions to the Institute Cargo Clauses 2009, the work expertly examines marine cargo insurance by reference to important English and foreign legal cases as well as the Marine Insurance Act 1906. Logically arranged to reflect the structure of the Institute Cargo Clauses, the most widely used standard form of cover, this text offers easy to find solutions for today’s busy practitioner. New to this edition: Completely revised to include the Insurance Act 2015 (duty of fair presentation; warranties, fraudulent claims) Brand new chapter on the revised Institute Ancillary and Trade Clauses, including those to be introduced on 1 November 2015 Increased coverage of jurisdiction and choice of law, particularly taking into account the Rome I Regulation Enhanced coverage of the issue of Constructive Total Loss Consideration of the Law Reform Commission’s proposals for the reform of insurance law, and further amendments to the Marine Insurance Act 1906. Covers latest developments in the Enterprise Bill for damages for late payment of claims Fully updated with all of the influential cases since 2009, including: The Cendor MOPU, one of the most important marine insurance cases of the last 50 years. Clothing Management v Beazley Solutions Notable hull cases such as Versloot Dredging v HDI Gerling on fraudulent devices Influential foreign cases taken from this book’s sister text, International Cargo Insurance This unique text is a one-stop resource for marine insurance lawyers handling cargo claims, and will also be of interest to students and researchers of maritime law.
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.
Legal Issues Relating to Time Charterparties addresses all the major questions and issues that arise in connection with time charterparties, examining them in a logical manner, progressively tracing the subject from the creation to the termination of the contract. All the salient legal aspects of time charterparties are examined, with the law analysed in its commercial context, particularly in relation to the various ways in which time charterparties may be used in shipping and international trade.
This book addresses the topical and current issues in maritime law and brings them together into a coherent strand by the common perspective of liabilities for the professional reader. Liability Regimes in Contemporary Maritime Law appeals to both the industry and the legal profession and provides a degree of analysis and discussion, while also bringing together in a single volume the essential interest in a range of individual subject areas.
The International Handbook of Shipping Finance is a one-stop resource, offering comprehensive reference to theory and practice in the area of shipping finance. In the multibillion dollar international shipping industry, it is important to understand the various issues involved in the finance of the sector. This involves the identification and evaluation of the alternative sources of capital available for financing the ships, including the appraisal and budgeting of shipping investment projects; legal and insurance aspects of ship finance; the financial analysis and modelling of investment projects; mergers and acquisitions; and the commercial and market risk management issues involved. Edited by two leading academics in this area, and with contributions from 25 prominent market practitioners and academics over 16 chapters, this Handbook covers shipping finance and banking, maritime financial management and investments. As such, it includes: shipping markets; asset backed finance; shipbuilding finance; debt finance; public and private equity and debt markets; structured finance; legal aspects and key clauses of ship mortgages; marine insurance; mechanisms for handling defaulted loans; investment appraisal and capital budgeting; financial analysis and investment modelling; business risk management and freight derivatives; and mergers and acquisitions. Thus, the Handbook offers a rigorous understanding of the different aspects of modern shipping finance and maritime financial management and investments, the various characteristics of the available products, the capital needs and requirements, and a clear view on the different financial management strategies through a series of practical examples and applications. Technical where appropriate, but grounded in market reality, this is a “must-have” reference for anyone involved in shipping finance, from bank practitioners and commodity trading houses, to shipbrokers, lawyers and insurance houses as well as to university students studying shipping finance. Table of Contents Preface by Editors Manolis Kavussanos, Professor, Director, MSc in International Shipping, Finance and Management, Athens University of Economics and Business, Greece Ilias Visvikis, Professor, Director Executive Education and Professional Development, World Maritime University, Sweden Chapter 1: Shipping Markets and their Economic Drivers Jan-Henrik Huebner, Head of Shipping Advisory, DNV GL, Germany Chapter 2: Asset Risk Assessment, Analysis and Forecasting in Asset Backed Finance Henriette Brent Petersen, Head of Shipping & Offshore Research, DVB Bank SE, The Netherlands Chapter 3: Overview of Ship Finance Fotis Giannakoulis, Research Vice President, Morgan Stanley, USA Chapter 4: Shipbuilding Finance Charles Cushing, C.R. Cushing & Co. Inc., USA Chapter 5: Debt Financing in Shipping George Paleokrassas, Partner, Watson, Farley & Williams, Greece Chapter 6: Public Debt Markets for Shipping Basil Karatzas, Founder & CEO, Karatzas Marine Advisors & Co., USA Chapter 7: Public and Private Equity Markets Jeffrey Pribor, Global Head, Maritime Investment Banking, Jefferies LLC, USA Cecilie Lind, Associate Investment Banking, Jefferies LLC, USA Chapter 8: Structured Finance in Shipping Contributor: Ioannis Alexopoulos, Director, Shipping Financier, Eurofin Group, Greece Nikos Stratis, Managing Director of Augustea Group, UK Chapter 9: Key Clauses of a Shipping Loan Agreement Kyriakos Spoullos, Solicitor, Norton Rose Fulbright, Greece Chapter 10: Legal Aspects of Ship Mortgages Simon Norton, Lecturer, Cardiff Business School, UK Claudio Chistè, Investec Bank Plc., UK Chapter 11: Reasons and Mechanics of Handling Defaulted Shipping Loans and Methods of Recovery Dimitris Anagnostopoulos, Board Member & Director, Aegean Baltic Bank, Greece Philippos Tsamanis, VP - Head of Shipping, Aegean Baltic Bank, Greece Chapter 12: Marine Insurance Marc Huybrechts, Professor, University of Antwerp, Belgium Theodora Nikaki, Associate Professor, Swansea University, UK Chapter 13: Maritime Investment Appraisal and Budgeting Wolfgang Drobetz, Professor, University of Hamburg, Germany Stefan Albertijn, CEO, HAMANT Beratungs-und Investitions GmbH, Germany Max Johns, Managing Director, German Shipowners’ Association, Germany Chapter 14: Financial Analysis and Modelling of Ship Investments Lars Patterson, Shipping Investment Analyst, Pacomarine Limited, UK Chapter 15: Maritime Business Risk Management Manolis Kavussanos, Professor, Director, MSc in International Shipping, Finance and Management, Athens University of Economics and Business, Greece Ilias Visvikis, Professor, Director Executive Education and Professional Development, World Maritime University, Sweden Chapter 16: Mergers and Acquisitions in Shipping George Alexandridis, Associate Professor, ICMA Centre, University of Reading, UK Manish Singh, Manish Singh, Group Director - Strategy and M&A, V. Group Limited, UK