Lloyd's Shipping Law Library – serie

This updated book provides practical guidance on avoiding and resolving disputes in the construction of offshore units and vessels, including FPSOs, drilling units, OSVs, FLNG, FSRU and fixed platforms. Written by a leading team at Stephenson Harwood, it covers the entire construction process from initial concept right through to installation, at each stage commenting on typical contract terms and offering expert advice based on real-life examples.With 30 per cent of the world’s oil and gas production coming from offshore areas, the construction of specialist vessels to perform offshore operations is a crucial part of the industry. However, with exploration and production being performed in increasingly exacting locations, the scope for disputes arising from cost overruns, scheduling delays and technical difficulties is immense.This second edition has been updated to include new case law as well as a new chapter on financing. The existing chapters will feature more information on payment mechanisms and on transportation and installation. This unique text will be of enormous assistance both to legal practitioners and offshore construction professionals including project managers, financiers, insurers and subcontractors.

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.This book is an indispensable, practical guide for both contentious and non-contentious shipping law practitioners, and postgraduate students studying this area of law.

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.

Laytime and Demurrage is the leading authority for all queries pertaining to this vital aspect of maritime law. It has continued to offer reliable, authoritative, and in-depth analysis since the first edition published in 1986. Praised for its unrivalled coverage and lucid writing style, this book provides a comprehensive overview of all aspects of laytime and demurrage, tracing the development of the law from its origins in the nineteenth century right up to the present day. The author delivers an in-depth analysis of both fixed and customary laytime clauses, the rules relating to commencement of laytime in berth, dock and port charters, and discusses under which circumstances laytime can be suspended. Furthermore, it analyses demurrage rules and vital issues such as despatch, detention and frustration. This eighth edition includes all key judicial and arbitral decisions reported since the seventh edition published in 2016. It also covers suffixes in connection with laytime measured in terms of Working days and Weather Working Days, and disputes arising from tender of NORs at the end of the sea passage. Laytime and Demurrage is an invaluable guide for both legal practitioners and maritime professionals worldwide, including commodity traders and brokers, shipping companies, P&I Clubs, shipowners, charterers, and arbitrators.

An account of the underlying law and the practical rules which govern the adjustment of rights and liabilities between parties to a maritime adventure when extraordinary measures have been incurred for the benefit of the common adventure. The third edition incorporates international case law developments to bring the text up to date and analyses the revision of the basic practical rules underlying general average adjustment internationally. It is essential for all those involved with maritime affairs to understand the implications of these new rules and how they fit with existing law and practice.

Written from the perspective of the Average Adjuster, and updated to include a detailed analysis of the new rules adopted in 2016, this book is an essential read for practitioners in maritime law and marine insurance.The book contains: historical references regarding the establishment of General Average from Roman Law onwards; details of the establishment of International rules to achieve uniformity in the adjustment of General Average and their development: the Glasgow Resolutions of 1860; the York rules of 1864; and the York-Antwerp Rules 1877, 1890, 1924, 1950, 1974, 1994, 2004 and 2016; a detailed analysis of the York-Antwerp Rules 2016; CMI Guidelines relating to General Average; general average security; general average absorption clauses; and new to this edition: insurance of average disbursements.

Now in its third edition, Merchant Shipping Legislation is a useful tool tool for those wishing to refer to the UK and Commonwealth merchant shipping statutes. Organized in subject areas and regularly updated, this complete annotation and commentary on the UK and Commonwealth merchant shipping legislation will be of use to the work of maritime lawyers in the UK and overseas. All the provisions of the various merchant shipping acts are contained in a single easy-to-use volume organized in subject areas. Divided into twenty chapters, the work addresses all the most important areas including: registration; collisions; salvage; pilotage; environmental protection; oil pollution and carriage of goods.

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.

Miller's Marine War Risks is the only book devoted to drawing together and analysing the insurance of commercial shipping against war risks.It merges analysis of the legal principles, case law, and legislation with the practice of the insurance market in order to provide commentary on difficult questions concerning liabilities, claims, and coverage.With global events becoming more uncertain in the Gulf and elsewhere, the updating of Michael Miller’s classic text will be of great use to legal practitioners, the insurance market, and the shipping industry throughout the world.

A refund guarantee is an essential component of almost every shipbuilding project, without which the buyer will be unwilling or unable to proceed. There is no standard form of refund guarantee in universal usage, and both the form and substance of refund guarantee instruments vary widely from case to case. The ambiguity or uncertainty of the meaning of refund guarantee instruments, against a backdrop of a sharp downturn in the shipping markets, has led to numerous disputes in recent years concerning refund guarantees, which have been the subject of a number of important decisions of the English Courts. This is the first English law text book dedicated to the subject of refund guarantees. It provides essential guidance as to the issues arising and the pitfalls to be avoided. It analyses the specimen form of guarantee annexed to Bimco’s NEWBUILDCON form, and covers topics such as the circumstances in which the liability of the guarantor may be discharged, and when a builder may be entitled to obtain an injunction to restrain payment under a refund guarantee.It will be an essential and practical guide for those engaged in the shipbuilding industry, including shipbuilders, shipowners, banks and insurance companies, P&I clubs, and those advising them.

The third 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, and now co-authored by a practicing marine insurance specialist, the work expertly examines marine cargo insurance by reference to important English and foreign legal cases as well as the Marine Insurance Act 1906 and the Insurance Act 2015. 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 state the law on duty of fair presentation, warranties. and exclusions in terms of the Insurance Act 2015A brand new section on the Joint Cargo Committee Communicable Disease Exclusion Clauses introduced by the JCC following the Covid-19 pandemicA new section devoted to cyber risks, which considers and examines the latest clauses in use in the marketInsurable interest in cargo revised and expanded in light of Quadra Commodities SA v. XL Insurance Company SE The chapter on choice of law and jurisdiction extensively revised following Brexit to include the new subsidiary legislation applying Rome I and the changes to the jurisdiction rules now based on the Hague Convention 2005 and the common lawFraudulent claims re-written in light of the Insurance Act 2015 and The Supreme Court’s decision in The "DC Merwestone", abolishing fraudulent devicesNon-existent goods extensively revised in light of the recent caselaw including Engelhart CTP (US) LCC v. Lloyd’s Syndicate 1221; Quadra Commodities SA v. XL Insurance Company SE and ABN Amro Bank NV v Royal & Sun Alliance Insurance plc Consideration of when a loss occurs as a result of detention amended to include AerCap Ireland Limited v. AIG Europe SA & Others (Russian Aircraft Lessor Policy Claims) “mysterious disappearance” considered in light of AXL Resources v Antares Underwriting Damages for late payment of claims revised and re-written in light of the Insurance Act 2015, s.13(A)(1) and the decisions in Quadra Commodities SA v. XL Insurance SE and The“Win Win” Fully updated with all of the significant insurance cases since 2015, including Swashplate v Liberty Mutual; construction of marine cargo insurance contracts and Young v RSA, Insurance Act 2015, fair presentation, waiverUpdated to include numerous recent foreign cases on marine cargo insuranceExceptionally comprehensive appendices which include all relevant legislation and Institute Clauses, now updated to include the JCC Communicable Disease Clause and the JCC Marine Cargo Cyber Exclusion ClausesThis unique text is a one-stop resource for marine lawyers handling cargo insurance claims, and will also be of interest to students and researchers of maritime law.

This fully updated and comprehensive 3rd edition of The Law of Ship Mortgages provides readers with a practical, commercially based and definitive guide to the English law of ship mortgages. The authors, being seasoned practitioners, bring their extensive experience to bear on a number of difficult and developing areas of the law, such as: mortgagees’ duties, liability to charterers, the conflict of laws, work-outs, restructurings and cross-border insolvency.The 3rd edition includes new chapters on pre-delivery security, security over shares and on the increasingly important topic of ship leasing as a method of finance. It is written against the background of, and has regard to, ever-increasing sanctions affecting shipping and ship finance as well as the continued regulatory and industry-driven push towards reduction of emissions (IMO 2020 and IMO 2050).Written primarily with practitioners in mind, The Law of Ship Mortgages will continue to be extremely useful to legal professionals, especially in common law jurisdictions, involved in international ship finance or ship mortgage enforcement. It will also be a valuable resource for postgraduate students and academics, especially those with an interest in shipping law or the law of personal property more generally.

Now in its fifth edition, this hallmark text provides a comprehensive, article-by-article guide to the workings of the CMR Convention, as incorporated into English Law by the Carriage of Goods by Road Act 1965.Fully revised throughout, the book offers a complete update of relevant English cases, including the latest Supreme Court decision on the subject, and draws in major developments in the interpretation of the Convention in the case law of other Contracting States. Furthermore, this new edition incorporates two key developments to ensure the book’s continuing currency and authority. Firstly, it reviews the operation of the current law following the UK’s ratification of the Additional Protocol to the Convention on the Contract for the International Carriage of Goods by Road (CMR) 2008, which provides for the recognition and use of electronic consignment notes, ie e-CMR. Secondly, it addresses the changes consequent on Brexit which affect aspects of the general legal context and whose relationship with the rules of CMR require re-examination, principally in respect of the law governing issues of choice of law, jurisdiction and enforcement of court judgments. Clearly and accessibly written, Messent and Glass continue to offer a level of expert detail and referencing that cannot be found elsewhere.The book is an invaluable reference tool that can be used by the busy legal practitioner, and by other road haulage industry professionals, in any contracting state, to solve the issues that confront them in daily practice. It is also an indispensable guide for academics and students of the international carriage of goods by road.

This book examines and explains the law relevant to bareboat or demise charterparties, a common form of maritime contract used by both operators of vessels and also as a form of lease finance. Its principal aim is to set out a structured analysis of all the rights and obligations of the parties to a bareboat charter. This will include consideration of the nature of the contract, its uses (both historical and current) in the market, and the key clauses in the standard form and commentary thereon.Providing a clause-by-clause analysis commentary on all the provisions of the BIMCO BARECON, and all decisions relevant to those clauses, Bareboat Charters addresses important topics such as termination, repossession and damages from an English law standpoint, adding useful guidance for practitioners. It considers general issues of contract and/or maritime law so far as they relate to bareboat charters, and extracts or summarises key passages of important case law.This book will serve as the standard reference work on the law relating to bareboat charters, providing comprehensive treatment of the subject, accessible and useful to shipping lawyers and also to shipowners, charterers, P&I Clubs, and other insurers.

Admiralty Jurisdiction and Practice is the definitive work on litigation in the Admiralty Court. It provides unrivalled commentary and analysis of admiralty law as well as the jurisdiction and procedure of the Admiralty Court.Now in its sixth edition, it is firmly established as the leading reference guide for today’s maritime practitioner. It deals with several topics not covered elsewhere, including the impact of insolvency, the interplay between jurisdiction and practice, the range of applicable limitation periods, the role of international conventions, and how collision claims should be litigated. This edition has been fully updated to include new case law and important changes in practice and procedure since 2017. It covers the implications of Brexit as well as changes to CPR Part 61 and its accompanying Practice Direction in particular in relation to limitation claims and the new rules for pleading collision claims.This book is the first choice for all those concerned with admiralty law. It is essential to maritime practitioners in England and the international common law world.

The Law of Tug and Tow and Offshore Contracts has established itself as a leading text and is written by Simon Rainey KC, one of the foremost shipping practitioners with unrivalled experience in the field. It is the only modern work on the law of towage and offshore vessel services, providing a comprehensive and extensively researched account of the general law coupled with a detailed clause-by-clause commentary and analysis of all the major standard contracts used in the international offshore, towage and heavylift sectors.The book provides expert coverage of the BIMCO Towcon, Towhire, Supplytime and Heavylift forms, the full suite of BIMCO Wreck Removal forms and the BIMCO Bargehire form, as well as the ISU Salvcon and Salvhire forms in their latest versions. Given the continued use of older forms, a comparison of the previous with the latest forms is an essential characteristic of the work. This fifth edition has been fully updated and revised to take into account the new BIMCO Towcon/Towhire 2021 contracts with a detailed analysis of the changes since the forms were last revised in 2008; the new UK Standard Conditions for Towage, revised at the end of 2024, again with a detailed analysis of the changes and updating of the old form, and also the revisions to the Bargehire form (2021) and the Wreckstage form (2024), together with a consideration of the recent Supplytime 2017 “Special Task Annexes” and the new 2021 ASVtime for accommodation support vessels, modelled on Supplytime 2017.For all legal practitioners dealing with this section of shipping law, this book is an essential and invaluable addition to their library.

Ship Sale and Purchase is the essential working guide for anyone involved in the business of making ship sale and purchase agreements and also in the resolution of disputes arising out of such agreements.The eighth edition of Ship Sale and Purchase contains a detailed clause-by-clause analysis of Saleform 2025, the latest version of the longstanding standard form produced by the Norwegian Shipbrokers' Association. It also identifies and explains the differences between the new form and Saleform 2012 (as well as providing commentary on different approaches taken by the other standard ship sale agreements). Written by renowned experts in this specialised area, the book updates and informs readers on all aspects of the regulatory environment affecting ship sale and purchase, the contemporary process and practice of buying and selling ships, and key court decisions that have directly impacted ship sales. As with previous editions, Ship Sale and Purchase continues to provides authoritative legal analysis, market insight and practical guidance for all those involved in the business of buying and selling second-hand ships.

An account of the underlying law and the practical rules which govern the adjustment of rights and liabilities between parties to a maritime adventure when extraordinary measures have been incurred for the benefit of the common adventure. The third edition incorporates international case law developments to bring the text up to date and analyses the revision of the basic practical rules underlying general average adjustment internationally. It is essential for all those involved with maritime affairs to understand the implications of these new rules and how they fit with existing law and practice.

Now presented in two convenient volumes, the sixth edition of Berlingieri on Arrest of Ships is an invaluable source of information, detailing the claims in respect of which a ship may be arrested, the conditions for obtaining an order of arrest, the need for a security, the manner by which the ship that has been arrested may be released, the possibility of a multiple arrest and the jurisdiction on the merits. Focused on the 1999 Arrest Convention, volume II provides a unique, thorough, and updated commentary, analysing each provision with reference to its interpretation in a significant number of States Parties. Moreover, the original comments have been reviewed on the basis of the Travaux Préparatoires of the Convention, which the Author has collected and arranged under each article. In addition to this, the Travaux Préparatoires are now included as a new and important appendix to the volume.Written by a renowned expert in the field, and analysing the various conventions relating to the arrest of ships in an article-by-article and paragraph manner, this book is a useful reference tool for practitioners, as well as academics and post-graduate students of maritime law.

Ship Registration Law and Practice is fully updated and now entering its third edition. Part of Lloyd’s Shipping Law Library, it is the most authoritative guide to the theory and practice of ship registration in the most popular jurisdictions. It contains the reference material needed to submit a vessel for registration at the leading ship registries world-wide, as well as extracts from key international conventions in this area, a new statistical analysis of the world merchant fleet and Port State control rankings.

Written from the perspective of the Average Adjuster, and updated to include a detailed analysis of the new rules adopted in 2016, this book is an essential read for practitioners in maritime law and marine insurance.The book contains: historical references regarding the establishment of General Average from Roman Law onwards; details of the establishment of International rules to achieve uniformity in the adjustment of General Average and their development: the Glasgow Resolutions of 1860; the York rules of 1864; and the York-Antwerp Rules 1877, 1890, 1924, 1950, 1974, 1994, 2004 and 2016; a detailed analysis of the York-Antwerp Rules 2016; CMI Guidelines relating to General Average; general average security; general average absorption clauses; and new to this edition: insurance of average disbursements.

Now in its third edition, Merchant Shipping Legislation is a useful tool tool for those wishing to refer to the UK and Commonwealth merchant shipping statutes. Organized in subject areas and regularly updated, this complete annotation and commentary on the UK and Commonwealth merchant shipping legislation will be of use to the work of maritime lawyers in the UK and overseas. All the provisions of the various merchant shipping acts are contained in a single easy-to-use volume organized in subject areas. Divided into twenty chapters, the work addresses all the most important areas including: registration; collisions; salvage; pilotage; environmental protection; oil pollution and carriage of goods.

The Law of Shipbuilding Contracts examines the principles of English contract law as these apply to shipbuilding. The leading text on shipbuilding and marine construction, widely used by the global maritime community, this new edition is updated to account for the "long tail" effects of the global economic crisis on the sector.The authors provide expert analysis on the key shipbuilding contract forms, including sections dealing with agreements ancillary to the shipbuilding contract and ship conversion contracts, together with — for the first time — contracts for the construction of offshore oil and gas vessels and units. The new edition has been comprehensively updated, including commentary on recent High Court decisions on shipbuilding contracts and, in particular, associated refund guarantees. The contractual and legal consequences of global economic turbulence and the resultant increase in the number and size of disputes in the shipbuilding sector are discussed, alongside coverage of other contemporary regulatory and legal issues resulting from environmental pressures and the trend for "cleaner", more efficient tonnage.A comprehensive and authoritative resource, this book is essential reading for buyers and charterers of newbuilding tonnage, shipbuilders and offshore construction yards, shipbrokers, banks and other finance providers, lawyers and insurers working in the maritime and offshore oil and gas sectors, as well as students of maritime law.

Ship Sale and Purchase is the essential working guide for anyone involved in the business of making ship sale and purchase agreements and also in the resolution of disputes arising out of such agreements. The seventh edition of Ship Sale and Purchase contains a detailed clause-by-clause analysis of SHIPSALE 22, the new standard form Memorandum of Agreement for ship sales and purchases published by BIMCO in 2022. This clause-by-clause analysis is supplemented by commentary on the corresponding provisions of the other leading standard forms used in the global shipping markets - SALEFORM 2012 (the latest version of the longstanding standard form produced by the Norwegian Shipbrokers' Association), SINGAPORE SHIP SALE FORM 2011 and NIPPONSALE 1999 - and the main differences between these forms and SHIPSALE 22.This edition of Ship Sale and Purchase also contains a comprehensive description of the many ways in which standard form agreements may be modified, through amendments to the printed terms and the use of additional clauses, to suit the particular requirements of the parties to individual transactions. In addition, it analyses relevant decisions of the English courts and arbitration tribunals and explains the implications of these decisions for ship sale and purchase transactions. The seventh edition also includes commentary on changes in working practices such as the use of electronic signatures, the practice of "remote" closings, payment mechanisms and the impact of sanctions and anti-corruption legislation.As with previous editions, the seventh edition of Ship Sale and Purchase seeks to provide legal analysis, market insight and practical guidance for all those involved in the business of buying and selling second-hand ships.

Now presented in two convenient volumes, the sixth edition of Berlingieri on Arrest of Ships is an invaluable source of information, detailing the claims in respect of which a ship may be arrested, the conditions for obtaining an order of arrest, the need for a security, the manner by which the ship that has been arrested may be released, the possibility of a multiple arrest and the jurisdiction on the merits. Focused on the 1952 Arrest Convention, volume I provides a unique, thorough, and updated commentary, analysing each provision with reference to its interpretation in a significant number of States Parties. Moreover, the original comments have been reviewed on the basis of the Travaux Préparatoires of the Convention, which the Author has collected and arranged under each article. In addition to this, the Travaux Préparatoires are now included as a new and important appendix to the volume.Written by a renowned expert in the field, and analysing the various conventions relating to the arrest of ships in an article-by-article and paragraph manner, this book is a useful reference tool for practitioners, as well as academics and post-graduate students of maritime law.

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.

The fourth edition consists of consideration of all aspects of the jurisdiction of English courts and arbitrators over maritime claims, applicable law, judgments, remedies and security interests, including the continuing critical impact of membership of the European Union. The comprehensive updating encompasses legislative, convention and judicial developments since the publication of the last edition in 2000 – in particular the replacement of the amended Brussels Jurisdiction and Judgments Convention 1968 by Council Regulation 44/2001 and its effect on other maritime convention jurisdiction provisions, relevant Civil Procedure Rules and judicial interpretation of both.

A previous winner of the Comité Maritime International’s Albert Lilar Prize for the best shipping law book worldwide, EU Shipping Law is the foremost reference work for professionals in this area. This third edition has been completely revised to include developments in the competition/antitrust regime, new safety and environmental rules, and rules governing security and ports. It includes detailed commentary and analysis of almost every aspect of EU law as it affects shipping.

This fourth edition is a detailed but easy-to-follow account of the constitution, workings and daily practice of protection and indemnity clubs. Designed to be a practical reference source for anyone who is in any way involved with mutual insurance, it offers comprehensive guidance on the complex area of P&I Clubs. The new fourth edition has been fully revised and updated since the last edition was written in 1999. New areas emphasised in the fourth edition include: • Piracy • Charterers’ liability insurance • Defence Cover • Disputes concerning the Inter-Club Agreement • Enforceability of arbitration agreements in the Club’s Rules. • The Club’s obligation to (i) make direct payments under certificates, (ii) pay death/ personal injury claims in the event of a member’s insolvency, and (iii) make indivisible personal injury claims.