Table of Contents. Outline Table of Contents... IX. Table of Contents... XI. Abbreviations... XVII. Introduction...1
|
|
- Shon Golden
- 5 years ago
- Views:
Transcription
1 Table of Contents Outline Table of Contents... IX Table of Contents... XI Abbreviations... XVII Introduction...1 Part 1 [Factual Situation and Legal Foundations]...5 A. The Classification of Vessels...5 I. The Concept of Classification...5 II. The Historical Development of Classification Societies...8 III. The Relevance of Classification Societies for the Maritime Industry The Necessity of a Classification of Vessels Marine Insurance and Classification Societies The Norwegian Saleform and a Confirmation of Class Charter Parties and Classification Societies The Rules of a Classification Society Marine Surveyors Other Activities...21 IV. The Relevance of Classification Societies for the International Community...22 V. The International Association of Classification Societies (IACS)...24 VI. Current Challenges for Classification Societies The Dual Role of Classification Societies Selling Safety in a Competitive Environment Shipowners/Operators Have to Report Damage Sub-standard Classification Societies Current International Developments: Goal-based Standards Classification Societies in Litigation...40 B. Private Operations and Public Functions in Detail...43 I. Private Operations Contracts and Contracting Parties Obligations of the Classification Society...46
2 XII Table of Contents 3. The Contents of the Classification Certificate, the Confirmation of Class and the Register of Ships II. Public Functions The Agreement with the Flag State on the Delegation of Power and the Statutory Survey Contract with the Shipowner or Shipyard Obligations of the Classification Society C. Non-Delegable Duty of the Shipowner to Make the Vessel Seaworthy and Presumption of Unseaworthiness Part 2 [Legal Analysis] A. Private Functions: The Protection of Contracting Parties I. English Law Liability for Breach of Contractual Duty Implied Contractual Duty to Exercise Reasonable Care and Skill Tort of Negligence Exemption and Limitation Clauses II. United States Law The Applicable Law: Federal or State Law Breach of Contract, Warranty of Workmanlike Performance and Tort Law The Leading Precedents a. The Great American Insurance Case aa. The Facts bb. The Verdict cc. Case Comment b. The Shipping Corporation of India II Case c. The Sundance Case aa. The Facts bb. The Verdict cc. Case Comment d. The Interore III Case e. Conclusion Exemption and Limitation Clauses III. German Law The Legal Nature of the Contract Liability for Breach of Contract Tort Law Exemption and Limitation Clauses IV. Conclusion B. Private Functions: Liability Towards Third Parties I. English Law Contractual Protection of the Third Party Tort of Negligence a. Mariola Marine Corporation v. Lloyd s Register of Shipping (The Morning Watch ) b. The Marc Rich Case (The Nicholas H. )
3 Table of Contents XIII aa. The Facts bb. The Verdict (1) Direct Physical Loss (2) Voluntary Assumption of Responsibility (3) Policy Considerations: Insurance (4) Policy Considerations: the Role of Classification Societies (5) Policy Considerations: Regulations on the Limitation of Liability (6) Conclusions cc. Case Comment (1) Reasonable Reliance (2) Policy Considerations (3) Consequences: to Whom Are the Societies Liable? c. Reeman v. Department of Transport aa. The Facts bb. The Verdict cc. Case Comment d. Perrett v. Collins and Others aa. The Facts bb. The Verdict cc. Case Comment: Fairness, Justice and Reasonableness to be Considered? e. Conclusion: Marc Rich Reasoning to be Applied to All Cases? Tort of Deceit a. Braginton v. Chapman and Others (The Midas ) b. Thiodon v. Tindall (The Ibex ) The Effect of Disclaimers of Liability Conclusion II. United States Law Contractual Right of Indemnity Tort of Negligence a. The Steamship Mutual Case b. The Gulf Tampa Drydock Case c. The Continental Insurance Case d. The Psarianos Case e. Again: The Great American Insurance Case f. Conclusions Tort of Negligent Misrepresentation a. The Coastal (Bermuda) Case b. The Somarelf II Case aa. The Facts bb. The Verdict cc. Case Comment c. Again: The Sundance Case d. The Cargill Case...169
4 XIV Table of Contents e. The Otto Candies Case aa. The Facts bb. The Verdict cc. Case Comment f. 311 Restatement (Second) of Torts Strict Liability? a. Abnormally Dangerous Activities b. Liability for Defective Products c. Conclusion Tort of Fraudulent Misrepresentation The Effect of Disclaimers of Liability Conclusion III. German Law Implied Agreement to Provide Information (Konkludenter Abschluss eines Auskunftsvertrages) Contract with Protective Effects Towards Third Parties (Vertrag mit Schutzwirkung zugunsten Dritter) a. Proximity of Performance (Leistungsnähe) b. Interest of the Contractual Creditor (Gläubigernähe) c. Foreseeability (Erkennbarkeit) d. Third Party in Need of Protection (Schutzbedürftigkeit des Dritten) aa. Recipients of a Confirmation of Class bb. Passengers cc. Crew Members dd. Insurance Companies e. Addendum: Incorrect Information by the Shipowner Culpa in Contrahendo (1) BGB a. Verkehrspflicht: Surveying and Rule-making as a Potential Source of Danger b. Two Verkehrspflichten of a Similar Kind Exoneration of One of the Tortfeasors? c. Technical Standards as the Relevant Standard of Care d. Other Prerequisites of 823 (1) BGB (2) BGB BGB The Effect of Disclaimers Conclusion IV. Application of the Conclusions to Claims by Different Parties Claims by Recipients of a Confirmation of Class Claims by Persons Which have Consulted the Classification Certificate or the Ship s Register Claims by Legal Subjects Which Have not Received Information a. Persons that Have Been Affected in Their Life or Health b. Legal Subjects that Have Sustained Other Damage
5 Table of Contents XV C. Public Functions I. Liability under English Law Claims by Private Parties a. Liability of the Classification Society b. Liability of the Crown for the Acts of the Classification Society Recourse of the Flag State II. Liability under United States Law Claims by Private Parties a. Choosing the Plaintiff: Whether to Sue the Classification Society or the U.S. Government b. The Concept of Immunity c. The Discretionary Function Exemption Recourse of the Flag State III. Liability under German Law Claims by Private Parties a. Civil Liability or State Liability for the Survey of Vessels b. Preconditions of 839 BGB c. State Liability as a Subsidiary Liability Recourse of the Flag State IV. Excursus: Damage Caused by Both a Classification and Statutory Survey Part 3 [A Convention on the Limitation of Liability of Classification Societies] A. The Limitation of Liability in Shipping I. The History of Limitations II. Cargo Limitations III. Global Limitations IV. Limitations as Regards Passengers V. Limitations of Civil Liability for Oil Pollution Damage B. Limitation of Liability under the Current System of Limitations I. On the Application of Existing Limitation Regulations to Classification Societies International Conventions a. Cargo Limitations: The Hague/Visby and Hamburg Rules aa. Interpretation of Servant, Agent and Independent Contractor in the Hague/Visby Rules (1) Grammatical Interpretation (2) Systematic Interpretation (3) Functional Interpretation bb. The Hamburg Rules cc. Private Limitations under the Bills of Lading: Himalaya Clauses b. Limitations by the LLMC c. Limitations by the Athens Convention...287
6 XVI Table of Contents d. Special Limitations: CLC and HNS Convention aa. The CLC bb. The HNS Convention Regional Regulation: Directive 94/57/EC National Regulation: USA a. Cargo Limitations b. Global Limitations c. Special Limitations: OPA 1990 and CERCLA CMI Model Contractual Clauses and Principles of Conduct Conclusion II. The Estonia Case an Example of the Effects of the Current System III. Conclusion C. Justifications of a New Convention on the Limitation of Liability I. Classification Societies as a Part of the Maritime Safety System II. Insurance and Compensation Insurability of Unlimited Claims Against Classification Societies Should the Shipowner be Protected from Additional Insurance Costs? III. Existence of a System of Compensation for Oil Pollution Damage IV. Self-Protection of Classification Societies by Company Law V. Liability and the Control of Old Vessels VI. How Should the Interests be Balanced? Prevention and Compensation Economic Efficiency Conclusion: Exemption, Limitation or Unlimited Liability? D. Principles of a Convention on the Limitation of Liability I. European or International Law? II. Strict Liability? III. Harmonised Basis of Fault Liability? IV. Reversal of the Burden of Proof? V. Basis of Limitation: Tonnage or Fees? VI. Level of Limitations VII. Interrelation with the Limitation of Liability of the Shipowner E. The Limitation of Liability for Public Functions F. Conclusion Bibliography Table of Cases Table of International Conventions Index
7
Abbreviations and Citations...xix. Part I Historical Background...5
Table of Contents Abbreviations and Citations...xix 1 Introduction...1 Part I Historical Background...5 2 Limitation of Liability and Wilful Misconduct...5 A. Unlimited Liability...6 I. General Principle...6
More informationBAREBOAT CHARTERS L L P SECOND EDITION MARK DAVIS. Davis & Co.
BAREBOAT CHARTERS SECOND EDITION BY MARK DAVIS Davis & Co. L L P LONDON 2005 SINGAPORE Contents Acknowledgements Preface to the Second Edition Table of Cases Table of Legislation Table of Conventions vii
More informationTable of contents INTRODUCTORY CHAPTER : GENERAL PRINCIPLES
IX Table of contents INTRODUCTORY CHAPTER : GENERAL PRINCIPLES 1. The Grand-Duchy of Luxembourg and Maritime Legislation 17 OCTOBER 1868. CONSTITUTION of the Grand Duchy of Luxembourg (Mém. A n 23, 22
More informationBAREBOAT CHARTERS. fl L P MARK DAVIS. Partner, Curtis Davis Garrard
BAREBOAT CHARTERS BY MARK DAVIS Partner, Curtis Davis Garrard fl L P LONDON 2000 HONG KONG Contents Acknowledgements Préface Table of Cases Table of Législation Table of Conventions vii ix xxi xxvii xxix
More informationUNMANNED VESSELS LEGAL ASPECTS TO
UNMANNED VESSELS LEGAL ASPECTS TO CONSIDER FROM AN INSURANCE PERSPECTIVE IUMI Webinar May 11 th, 2017 Dr. Maximilian Guth, LL.M. (Southampton) Rechtsanwalt and Solicitor of England & Wales Agenda I. Unmanned
More informationQuestions on The Liability of Classification Societies. Responsibility or recovery?
FACULTY OF LAW University of Lund Martin Posch Questions on The Liability of Classification Societies. Responsibility or recovery? Master thesis 20 points Eva Lindell-Frantz Maritime/Contract-law Spring
More informationPROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND COUNCIL ON CIVIL LIABILITY AND FINANCIAL GUARANTEES OF SHIPOWNERS FREQUENTLY ASKED QUESTIONS
PROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND COUNCIL ON CIVIL LIABILITY AND FINANCIAL GUARANTEES OF SHIPOWNERS FREQUENTLY ASKED QUESTIONS INTERNATIONAL GROUP OF P&I CLUBS Introduction The thirteen
More informationUnderstanding Claims Handling Process & its Complexities
Understanding Claims Handling Process & its Complexities Tan Hui Tsing M/s Gurbani & Co Maritime Insurance Marine Insurance Act 1906 Hull & Machinery insurance Cargo insurance Protection & Indemnity insurance
More informationINSURANCE LAW CHAPTER ONE NATURE OF CONTRACT OF INSURANCE
INSURANCE LAW ISBN 978-983-3519-15-6 Author: Nasser Hamid Binding: Softcover / 693 pages Publication Price: MYR 260.00 The law is stated as of February 20, 2009 CHAPTER ONE NATURE OF CONTRACT OF INSURANCE
More informationThe Carriage of Dangerous Goods by Sea
Hamburg Studies on Maritime Affairs 12 The Carriage of Dangerous Goods by Sea Bearbeitet von Meltem Deniz Güner-Özbek 1. Auflage 2007. Taschenbuch. xxvi, 352 S. Paperback ISBN 978 3 540 75836 5 Format
More informationWC1H 0JL. Char te r e r s G ui de. The Charterer s Guide to Protection and Indemnity Insurance
WC1H 0JL Char te r e r s G ui de The Charterer s Guide to Protection and Indemnity Insurance INTRODUCTION THE UK CLUB OFFERS A DEDICATED TEAM AND SPECIALIST INSURANCE COVER FOR CHARTERERS AND TRADERS.
More informationConvention update. Andrew Bardot CEO, International group of P & I Clubs, London
Convention update Andrew Bardot CEO, International group of P & I Clubs, London Maritime Liability and Compensation Conventions/Instruments 1992 CLC Protocol 1992 Fund Convention / 2003 Protocol 2001 Bunkers
More informationYOU-TRADING COMPANY FZE General Conditions for the Delivery of Bunker Oil from JANUARY 2011
YOU-TRADING COMPANY FZE General Conditions for the Delivery of Bunker Oil from JANUARY 2011 UNIT No. 26, BLOCK C, AL QASBA, AL TAAWUN ROAD, SHARJAH, UAE Telephone: +971 6 5195 439 Fax: +971 6 5195 440
More informationTHE COMMON LAW LIBRARY NUMBER 12 JACKSON & POWELL ON PROFESSIONAL NEGLIGENCE FOURTH EDITION
THE COMMON LAW LIBRARY NUMBER 12 JACKSON & POWELL ON PROFESSIONAL NEGLIGENCE FOURTH EDITION LONDON SWEET & MAXWELL 1997 Preface Table of Principal Works Referred To Table of Cases Table of Statutes Table
More informationINDEX. xxi INDEX : (2017) 23 JIML
INDEX : (2017) 23 JIML xxi INDEX Anti-competitive agreements extra-territorial application of EU law, 255 7 Arbitration book review, 67 73 choice of jurisdiction, 386 power to order sale of cargo, 241
More informationMaritime Liability and Compensation Conventions. David Baker International Group of P&I Clubs
Maritime Liability and Compensation Conventions David Baker International Group of P&I Clubs 1 Maritime Liability and Compensation Conventions 1992 CLC Protocol 1992 Fund Convention / 2003 Protocol 2001
More informationINTERNATIONAL OIL POLLUTION COMPENSATION FUND. Note by the Director
INTERNATIONAL OIL POLLUTION COMPENSATION FUND FONDS INTERNATIONAL D'INDEMNISATION POUR LES DOMMAGES DUS A LA POLLUTION PAR LES HYDROCARBURES EXECUTIVE COMMITTEE - 6th session Agenda item 4 FUND/EXC. 6/3/Add.2
More informationSMALL TANKER OIL POLLUTION INDEMNIFICATION AGREEMENT (STOPIA)
The Shipowners Protection Limited St Clare House, 30-33 Minories London EC3N 1BP TO ALL MEMBERS Managers of The Shipowners Mutual Protection and Indemnity Association (Luxembourg) June 2005 Dear Sirs,
More informationTO ALL MEMBERS. February Dear Sirs, STOPIA 2006 AND TOPIA 2006
TO ALL MEMBERS February 2006 The Shipowners Protection Limited St Clare House, 30-33 Minories London EC3N 1BP Managers of The Shipowners Mutual Protection and Indemnity Association (Luxembourg) Dear Sirs,
More informationThe IG comments on the questions of direct relevance from the Green Book are as follows:
Mr Eric Van Hooydonk Dear Mr Van Hooydonk 11 February 2008 Revision of Belgian Maritime Code Green Book I am writing to you from the International Group of P&I Clubs (IG) with regard to the review of the
More informationRULES OF PRACTICE OF THE ASSOCIATION OF AVERAGE ADJUSTERS OF THE UNITED STATES
I. Compensation and Expenses of Master (Adopted February 17, 1885 - Rescinded October 2, 2002) II. Interest on Allowances in General Average (Adopted April 21, 1885 - Amended October 2, 2002) When allowance,
More informationPOLLUTION LIABILITIES
POLLUTION LIABILITIES INTRODUCTION To pollute: to make offensive or harmful to human, animal or plant life Types of pollution Legislation governing prevention and compensation: The World The United States
More informationCMI International Sub-Committee on Limitation of Liability in Maritime Law
CMI International Sub-Committee on Limitation of Liability in Maritime Law REPORT ON THE FIRST MEETING London 25-26 March 2010 Following the 39 th CMI Conference in Athens, the International Sub-Committee
More informationSubject : 1. Which laws and rules govern contracts of insurance, including H&M and P&I insurance, in your jurisdiction?
22/04/2015 From : Topdemir İnandıoğlu Kömüç Law Office To : Mr. Niels Jørn Friborg Subject : 1. Which laws and rules govern contracts of insurance, including H&M and P&I insurance, in your jurisdiction?
More informationNTK/KW/15/
http://www.rtmnuonline.com Time Three Hours] N.B. : (1) [Maximum Marks 80 Section A consists of 10 marks, Section B consists of 30 marks, Section C consists of 40 marks. Attempt ALL Sections. (2) Answer
More informationSTOPIA 2006 and TOPIA 2006 <1>
Agenda Item 4 IOPC/OCT16/4/3/2/Rev.1 Date 29 September 2016 Original English 1992 Fund Assembly 92A21 1992 Fund Executive Committee 92EC67 Supplementary Fund Assembly SA13 STOPIA 2006 and TOPIA 2006
More informationRecent Developments of Maritime Law in China. James Hu Shanghai Maritime University Shanghai Wintell & Co Law Firm
Recent Developments of Maritime Law in China James Hu Shanghai Maritime University Shanghai Wintell & Co Law Firm I. Introduction Sources of maritime law: domestic laws, regulations and provisions; international
More informationSTOPIA 2006 (as amended 2017) and TOPIA 2006 (as amended 2017) 2017 amendments
February 2017 To the Members Dear Sirs, STOPIA 2006 (as amended 2017) and TOPIA 2006 (as amended 2017) 2017 amendments The Small Tanker Oil Pollution Indemnification Agreement (STOPIA) and the Tanker Oil
More informationGRAND MANAN SCHEDULE CONDITIONS OF CARRIAGE COASTAL TRANSPORT
GRAND MANAN SCHEDULE and CONDITIONS OF CARRIAGE COASTAL TRANSPORT GRAND MANAAN SCHEDULE DEPARTING BLACKS HARBOUR Regular Schedule Daily* 09:30, 13:30, 17:30, 21:00 Additional Summer Crossings 07:30, 11:30,
More informationPROTECTION & INDEMNITY INSURANCE QUESTIONNAIRE
Lot 86 First Street, Alberttown, Georgetown.Tel: 592 227 2880, 592 227 0294 Fax:592 227 3096 Lot M Springlands, Corriverton, Berbice.Tel: 592 335 4596 Fax: 592 335 4597 Email: admin@rsi.gy PROTECTION &
More informationDEPARTMENT OF MARINE SERVICES AND MERCHANT SHIPPING (ADOMS)
Information Notice 2016-005 DEPARTMENT OF MARINE SERVICES AND MERCHANT SHIPPING (ADOMS) The 2014 Amendments to Maritime Labour Convention (2006) 1. Introduction Further to information notice 2015-008 The
More informationTHE LIABILITY OF CLASSIFICATION SOCIETIES SOME PRACTICAL ISSUES
PART II - THE WORK OF THE CMI 275 THE LIABILITY OF CLASSIFICATION SOCIETIES SOME PRACTICAL ISSUES HENNING JESSEN * Recently, there has been a renaissance of academic literature discussing the liability
More informationCONTENTS. Preface Acknowledgements Table of cases List of abbreviations
CONTENTS Foreword Preface Acknowledgements Table of cases List of abbreviations page xi xv xvii xviii xxiii PART 1 Draft Bill on Civil Liability Law 1 A Draft Bill on Civil Liability Law text 3 Title I
More informationREVIEW OF THE INTERNATIONAL COMPENSATION REGIME
INTERNATIONAL OIL POLLUTION COMPENSATION FUND 1992 THIRD INTERSESSIONAL 92FUND/WGR.3/25/2 WORKING GROUP 4 February 2005 Agenda item 2 Original: ENGLISH REVIEW OF THE INTERNATIONAL COMPENSATION REGIME SHARING
More informationA LEGAL ANALYSIS OF THE LIMITATION OF LIABILITY OF CLASSIFICATION SOCIETIES
A LEGAL ANALYSIS OF THE LIMITATION OF LIABILITY OF CLASSIFICATION SOCIETIES Denise Micallef ABSTRACT The purpose of this article is to focus on a matter which perhaps has purposefully escaped the watchful
More informationTable of Contents. Part One Introduction. Part Two VAT/GST Double (Non-)Taxation and Possible Remedies. Chapter 2: VAT/GST Double (Non-)Taxation 27
Table of Contents Foreword List of Abbreviations vii xvii VAT/GST Model Tax Convention 1 Part One Introduction Chapter 1: Introduction 21 Part Two VAT/GST Double (Non-)Taxation and Possible Remedies Chapter
More informationINTERNATIONAL MANAGEMENT OF HAZARDOUS WASTES. The Basel Convention and Related Legal Rules KATHARINA KUMMER
INTERNATIONAL MANAGEMENT OF HAZARDOUS WASTES The Basel Convention and Related Legal Rules KATHARINA KUMMER CLARENDON PRESS OXFORD 1995 Contents Abbreviations Foreword Table of Cases Table of Legal Instruments
More informationAddendum Clauses referred to in Charterers Certificates of Entry or Endorsement Slips.
Addendum Clauses referred to in Charterers Certificates of Entry or Endorsement Slips. This Addendum contains full wordings of clauses which may be incorporated, where contractually agreed, in the terms
More informationShipping Conferences under EC Antitrust Law
Shipping Conferences under EC Antitrust Law Criticism of a Legal Paradox Luis Ortiz Blanco Translated by Andrew Read HART- PUBLISHING OXFORD AND PORTLAND, OREGON 2007 Contents Abbreviations Table of Regulations,
More informationNils Bremke, Allianz Global Corporate & Specialty Dr. Dieter Schwampe, Dabelstein & Passehl
Nils Bremke, Allianz Global Corporate & Specialty Dr. Dieter Schwampe, Dabelstein & Passehl 1 Status and Motives 2 Structure now and then 3 Unseaworthiness 4 Latent Defect 5 Third Party Liability and pollution/anti-pollution
More informationThe Regime for Liability and Compensation for Oil Pollution Damage from Ships
The Regime for Liability and Compensation for Oil Pollution Damage from Ships Alfred H. Popp, QC Administrator of the Ship-source Oil Pollution Fund Friday, 22 June 2012 Regulation of Continental Shelf
More informationQUESTIONNAIRE. Does an insurer wanting to insure the risks under the Convention referred to above need a license?
QUESTIONNAIRE PREAMBLE TO ANSWERS Finland is presently a party to the CLC and Fund Conventions, as well as the Supplementary Fund Convention and the Bunkers Conventions. Through EU Regulation 392/2009,
More informationPARTICULAR AVERAGE CLAIMS
PARTICULAR AVERAGE CLAIMS by Dr Nicholas G. Berketis Section 64(1) of the Marine Insurance Act 1906 "Particular Average loss is a partial loss of the subject matter insured caused by a peril insured against,
More informationGeneral Sales and Delivery Terms Version: February I. Scope, exclusion of purchase terms
General Sales and Delivery Terms Version: February 2018 I. Scope, exclusion of purchase terms (1.) The following term definitions apply in these terms and conditions: Contractor refers to itp GmbH; customer
More informationUnification of Tort Law: Strict Liability. B. A. Koch/H. Koziol (Eds.)
Unification of Tort Law: Strict Liability B. A. Koch/H. Koziol (Eds.) F.D. Busnelli G. Comandé H. Cousy/D. Droshout M. Faure J. Fedtke/U. Magnus S. Galand-Carval I. Gilead K. Kerameus B.A. Koch/H. Koziol
More informationLegal Briefing. Chinese marine pollution laws JULY 2010 MARINE POLLUTION
Legal Briefing JULY 2010 MARINE POLLUTION Chinese marine pollution laws About us This briefing is one of a continuing series which aims to share the legal expertise within the Club with our Members A significant
More informationOCEAN MARINE PROTECTION AND INDEMNITY APPLICATION
OCEAN MARINE PROTECTION AND INDEMNITY APPLICATION Section I - Producing Agent I Broker Name of Agent: Is this a new account to the agent: If no, how many years has account been held: Section II - Applicant
More informationMarine liability insurance.
Marine liability insurance. provides liability insurance for marine professionals and logistics providers. We pride ourselves on our personal yet professional approach and offer a specialist service suited
More informationDetailed Contents. 1 Foundations of Capital Markets Legislature in Europe. 1 History 1 I. Introduction 2 II. Segré Report (1966) 2 III.
Contents Detailed Contents List of Contributors List of Abbreviations xxix xxxi 1 Foundations of Capital Markets Legislature in Europe 1 History 1 I. Introduction 2 II. Segré Report (1966) 2 III. Phase
More informationNORTH RESIDENTIAL TRAINING COURSE 2018 POLLUTION. Catherine Doyle, Michelle Foster and Eamon Moloney
NORTH RESIDENTIAL TRAINING COURSE 2018 POLLUTION Catherine Doyle, Michelle Foster and Eamon Moloney POLLUTION definition to make offensive or harmful to human, animal or plant life POLLUTION we will discuss:
More informationTHE NEW SPANISH SHIPPING LAW
THE NEW SPANISH SHIPPING LAW Rio de Janeiro Maritime and Port Law Conference 26 and 27 August, 2015 The Spanish Law of July 2014 (Ley de Navegación Marítima) came into force on September 25, 2014. It s
More informationGlobal shipping. One Market. No Barrier for the Open Competition. International Governance under Global Regimes/Conventions
B. S. Park, Global shipping One Market No Barrier for the Open Competition International Governance under Global Regimes/Conventions Cycle Business : Highs and Lows, 90% Global Trade by Shipping Serious
More informationInter-Club New York Produce Exchange Agreement 1996 (as amended September 2011)
TO ALL OWNERS AND MEMBERS 24 August 2011 Dear Sirs Inter-Club New York Produce Exchange Agreement 1996 (as amended September 2011) The Inter-Club New York Produce Exchange Agreement (the ICA), which was
More informationGeneral Terms & Conditions Luxury Hospitality Management BV
General Terms & Conditions Luxury Hospitality Management BV September 2016, rev. 5 Luxury Hospitality Management BV (hereinafter called LHM), with following business details, LHM BV Rivierdijk 400 3372
More informationMARINE SALVAGE: REINFORCING POLLUTION DEFENCE IN EU WATERS
MARINE SALVAGE: REINFORCING POLLUTION DEFENCE IN EU WATERS INTRODUCTION 1. This paper has been prepared by the International Salvage Union (ISU), an association of companies engaged in marine salvage.
More informationRISKY BUSINESS. Practicing Surveying For A Profit. Victor O. Schinnerer & Company, Inc.
RISKY BUSINESS Practicing Surveying For A Profit Presented by: Kevin Collins, RPLU Victor O. Schinnerer & Company, Inc. AGENDA Legal Status of Surveyor Companies Claims and Coverage Claim Trends Exposure
More informationThe Maritime Shipping Law
Transport & Shipping 1-2014 July The Maritime Shipping Law Law 14/2014, of July 24, 2014, on Maritime Shipping (Ley de Navegación Marítima or LNM or the Maritime Shipping Law) was published in the Official
More informationTHE LAW OF PARTNERSHIPS AND CORPORATIONS
E S S E N T I A L S OF C A N A D I A N L A W THE LAW OF PARTNERSHIPS AND CORPORATIONS T H I R D E D I T I O N J. ANTHONY VANDUZER Faculty of Law University of Ottawa DETAILED TABLE OF CONTENTS FOREWORD
More informationP&I CLAIMS MANAGEMENT. Edgar Chin Kelvin Chia Partnership
P&I CLAIMS MANAGEMENT Edgar Chin Kelvin Chia Partnership 1 Presentation Outline Introduction to P&I Types of risks covered Claims handling 2 Introduction to P&I WHAT IS P&I? Protection & Indemnity form
More informationNO X CONFORMITY OF PRODUCTION PROCEDURE 2002 V07. Lloyd's Register of Shipping, 71 Fenchurch Street, London EC3M 4BS, UK
NO X CONFORMITY OF PRODUCTION PROCEDURE 2002 V07 Lloyd's Register of Shipping, 71 Fenchurch Street, London EC3M 4BS, UK TERMS AND CONDITIONS The following terms and conditions apply to all services provided
More informationThe Law of Payment Services in the EU
EUROPEAN MONOGRAPHS The Law of Payment Services in the EU The EC Directive on Payment Services in the Internal Market Despina Mavromati KLUWER LAW INTERNATIONAL Preface List of Abbreviations xv xvii Part
More informationMeasuring the Importance of Seaborne Trade. IMSF Annual Meeting 2013 Selena Yan, Manager Oil & Tanker Demand London, 15 April 2013
Measuring the Importance of Seaborne Trade IMSF Annual Meeting 2013 Selena Yan, Manager Oil & Tanker Demand London, Disclaimer The material and the information (including, without limitation, any future
More informationThe Contract - Tort Dichotomy and a Theoretical Framework for Product Liability Law
Jocelyn Kellam The Contract - Tort Dichotomy and a Theoretical Framework for Product Liability Law A Comparison of the Elements of Liability in Product Liability Law in Australia, France and Germany Nomos
More informationCHANAKYA NATIONAL LAW UNIVERSITY Nyaya Nagar, Mithapur, Patna (8 th Semester)
CHANAKYA NATIONAL LAW UNIVERSITY Nyaya Nagar, Mithapur, Patna-800001 (8 th Semester) LAW OF INSURANCE Course Module Academic Session- January May, 2016 Course Teacher: Dr. Shaiwal Satyarthi Objectives:
More informationLegal Business. Risk Management. Memoranda on legal and business issues and concerns for multiple industry and business communities
Memoranda on legal and business issues and concerns for multiple industry and business communities Risk Management 1 Rajah & Tann 4 Battery Road #26-01 Bank of China Building Singapore 049908 Tel: 65 535
More informationTO ALL MEMBERS AND BROKERS. 29 July Dear Sirs
TO ALL MEMBERS AND BROKERS 29 July 2009 Dear Sirs Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on Environmental Liability with regard to the Prevention and Remedying
More informationP&I Condition Survey Part A
Name of Vessel Former Name IMO Number Gross Tonnage Year Built Date of Purchase by Current Owners Registered Owners Technical Managers Flag & Port of Registry Survey Company Name of Surveyor Place of Survey
More informationPrinted by The BIMCO Charter Party Editor
1. Date of Agreement THE BALTIC AND INTERNATIONAL MARITIME COUNCIL (BIMCO) STANDARD CREW MANAGEMENT AGREEMENT (LUMP SUM) CODE NAME:"CREWMAN B - LUMP SUM" 2. Owners (state name, place of registered office
More informationEXCESS LIABILITY INSURANCE POLICY. NOTICE: This coverage is provided on a Claims Made and Reported Basis.
EXCESS LIABILITY INSURANCE POLICY NOTICE: This coverage is provided on a Claims Made and Reported Basis. The Underwriters agree with the Named Assured, in consideration of the payment of the premium and
More informationOil Spills and Compensation Systems
Oil Spills and Compensation Systems Herry Lawford Chairman Thomas Miller (Asia Pacific) Ltd. 1. INTRODUCTION I am asked to speak on the subject of "Oil Spills and Compensation Systems". This subject, which
More informationPROTECTION & INDEMNITY APPLICATION
PROTECTION & INDEMNITY APPLICATION PRODUCING AGENT / BROKER 1. Name of Agent: 2. Is this a new account to the agent? 3. How many years has account been held? Years: 4. Is retail agent licensed in this
More informationContents. chapter 1 Introduction chapter 2 The sources of law chapter 3 The insurance contract... 36
[start forord] Preface The first edition of this handbook on hull insurance in 2007 was based on the Norwegian Marine Insurance Plan 1996 Version 2007. This second edition is based on the present version
More informationThe International Group
International Group of P&I Clubs IG & ITOPF Perspective on the Handling of Claims under CLC/Fund The International Group P&I Insurance P&I Clubs are mutual indemnity associations insure third party liabilities
More informationAN OVERVIEW OF THE HNS CONVENTION
Explanatory note AN OVERVIEW OF THE HNS CONVENTION 1 The need to monitor the implementation of the HNS Convention became an ongoing item in the agenda of the Legal Committee of the Organization. The Committee
More information- The Paris Court of First Instance, ERIKA Judgment dated January 16, A Sea Change in Environmental Liability for the Maritime
"Most professionals who went aboard or got close to the oil tanker thought it was in an apparently good condition or observed no major abnormalities which deserved to be reported." - The Paris Court of
More informationGeneral Conditions of Sale and Delivery
General Conditions of Sale and Delivery The below Conditions of Sale and Delivery are based on the conditions of 5 Dec 2002 recommended by the Verband der Automobilindustrie e.v. (VDA). Individual sections
More informationOliver on Free Movement of Goods in the European Union
Oliver on Free Movement of Goods in the European Union Fifth Edition Peter J Oliver Legal Advisor to the European Commission Professor at the Universite Libre de Bruxelles Contributing Editors Stefan Enchelmaier
More informationINTERNATIONAL SALVAGE UNION. Position Paper on the 1989 Salvage Convention
ISU PROPOSAL INTERNATIONAL SALVAGE UNION Position Paper on the 1989 Salvage Convention The ISU is of the opinion that the 1989 Salvage Convention should be brought up to date by providing for the assessment
More informationThe legal status and cargo liability of terminal operators under the Maritime Code of the People's Republic of China
World Maritime University The Maritime Commons: Digital Repository of the World Maritime University World Maritime University Dissertations Dissertations 2000 The legal status and cargo liability of terminal
More informationPOSSIBILITIES FOR RECONCILIATION AND HARMONIZATION OF CIVIL LIABILITY REGIMES GOVERNING COMBINED TRANSPORT
UNITED NATIONS E EConomic and Social Distr. Council GENERAL 2 February 2000 ECONOMIC COMMISSION FOR EUROPE Original: ENGLISH INLAND TRANSPORT COMMITTEE Working Party on Combined Transport (Thirty-third
More informationADMIRALTY & MARITIME CERTIFICATION EXAMINATION SPECIFICATIONS
ADMIRALTY & MARITIME CERTIFICATION EXAMINATION SPECIFICATIONS 1. Purpose of Examination The Admiralty & Maritime Law Certification Examination consists of a combination of fact patterns and multiple choice
More informationTerms and Conditions for Supplies and Services at SATec GmbH for Use in Business Transactions with Companies
Terms and Conditions for Supplies and Services at SATec GmbH for Use in Business Transactions with Companies I.) General provisions 1.) The reciprocal written declarations are authoritative regarding the
More informationSYLLABUS FOR MARITIME PERSONAL INJURY AND DEATH
SYLLABUS FOR MARITIME PERSONAL INJURY AND DEATH Spring 2019 PROFFESSOR JOHN F. UNGER 1 LEARNING OBJECTIVES The objectives of this course are to teach the substantive law of the subject matter integrated
More informationMARITIME AND PORT AUTHORITY OF SINGAPORE SHIPPING CIRCULAR TO SHIPOWNERS NO. 3 OF 2017
MARITIME AND PORT AUTHORITY OF SINGAPORE SHIPPING CIRCULAR TO SHIPOWNERS NO. 3 OF 2017 MPA Shipping Division 460 Alexandra Road #21-00, PSA Building Singapore 119963 Fax: 6375-6231 http://www.mpa.gov.sg
More informationLP News. The key to safe ECDIS operation Part 3: Legal implications UK P&I CLUB
UK P&I CLUB LP News JUNE 2011 The key to safe ECDIS operation Part 3: Legal implications The legal effect of failure to meet the statutory ECDIS requirements and the effect on claims where levels of operation
More informationFLORIDA DEPARTMENT OF TRANSPORTATION. Scrutinized Vendor Form and Special Condition 17 language do not apply to this RFP.
FLORIDA DEPARTMENT OF TRANSPORTATION ADDENDUM NO. 2 DATE: 3/10/17 RE: RFP-DOT-16/17-9010-GH POSITIVE TRAIN CONTROL SYSTEM FOR THE (CFRC) Notice is hereby given of the following changes to the above-referenced
More informationGeneral Delivery and Payment Terms and Conditions
I. Scope/General Provisions 1. Unless otherwise expressly agreed, the following "General Delivery and Payment Terms and Conditions" shall apply in business transactions with nonconsumers within the meaning
More informationMember Forum, Vancouver Pan Pacific Vancouver 4 June 2015
Member Forum, Vancouver Pan Pacific Vancouver 4 June 2015 Contents Welcome Club update Poolable and non-poolable cover Recurring issues Safe berth/port warranties Contracts of carriage Deviation Letters
More informationINCIDENTS INVOLVING THE IOPC FUNDS 1992 FUND
Agenda Item 3 Date 16 March 2018 Original English 1992 Fund Assembly 92AES22 1992 Fund Executive Committee 92EC70 Supplementary Fund Assembly SAES6 INCIDENTS INVOLVING THE IOPC FUNDS 1992 FUND DOUBLE JOY
More informationGENERAL TERMS AND CONDITIONS OF PURCHASE TAKATA-PETRI (Sachsen) GmbH (HEREINAFTER REFERRED TO AS "TAKATA-PETRI )
Page 1 of 10 GENERAL TERMS AND CONDITIONS OF PURCHASE TAKATA-PETRI (Sachsen) GmbH (HEREINAFTER REFERRED TO AS "TAKATA-PETRI ) I. APPLICABLE CONDITIONS Present and future business relationship between Supplier
More informationPORT QASIM AUTHORITY. Condition of Use for LNG CARRIERS
PORT QASIM AUTHORITY Condition of Use for LNG CARRIERS Dated 11 th April 2015 Annex 1 to Standard Operating Procedures for LNG Carriers in Port Qasim 1 CONDITIONS OF USE All facilities and assistance of
More informationJoint Statement of Common Objectives on the Development of a New International Cargo Liability Instrument
Joint Statement of Common Objectives on the Development of a New International Cargo Liability Instrument A. Introduction The National Industrial Transportation League (NITL) and the World Shipping Council
More informationANSWERS TO THE QUESTIONS IN THE COURSE GUIDE CPCU nd Edition CONTENTS. Assignment Title Page
ANSWERS TO THE QUESTIONS IN THE COURSE GUIDE CPCU 552 2 nd Edition 2015-2016 CONTENTS Assignment Title Page 1 Introduction to Commercial 7 Liability Insurance 2 Commercial General Liability 28 Insurance,
More informationGeneral Conditions of Purchase
General Conditions of Purchase The below Conditions of Purchase are based on the conditions of 5 Dec 2002 recommended by the Verband der Automobilindustrie e.v. (VDA). Individual sections have been changed
More informationCHANAKYA NATIONAL LAW UNIVERSITY
CHANAKYA NATIONAL LAW UNIVERSITY Nyaya Nagar, Mithapur, Patna-800001 (8 th Semester) LAW OF INSURANCE Course Module Academic Session- January May, 2015 Course Teacher: Dr. Shaiwal Satyarthi Objectives:
More informationTable of vi B Opting out of and into the CISG 65 1 Opting out 65 2 Opting in 73 IV Excluded issues 75 A Liability for personal injury 75 B Article 4 s
Table of Preface page xi 1 The CISG: history, methodology, and construction 1 I The CISG as a set of commercial default rules 1 II The history and structure of the CISG 4 III CISG methodology and the limits
More informationTHE BUNKERS CONVENTION 2001: CHALLENGES FOR ITS IMPLEMENTATION
DRUŠTVO ZA POMORSKO PRAVO SLOVENIJE MARITIME LAW ASSOCIATION OF SLOVENIA EUROPEAN MARITIME DAY 2011 THE BUNKERS CONVENTION 2001: CHALLENGES FOR ITS IMPLEMENTATION Norman A. Martínez Gutiérrez Paper presented
More information(5) The Ship Broker is exempted from the restrictions of Article 181 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).
General Terms and Conditions for Ship Brokers and Ship Agents in Germany Article 1 Scope (1) These General Terms and Conditions (hereinafter referred to as General Terms ) shall apply to any and all types
More informationPART I INTRODUCTION TO MARITIME LAW
Table of Contents About the Authors...vii Table of Chapters...ix Table of Contents...xiii Preface...lxv Acknowledgments...lxvii PART I INTRODUCTION TO MARITIME LAW Chapter 1 The Scope of Maritime Law...1
More information