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Admiralty Court See Also Arrest of Ships Payment Into Court, 7 Index3_Layout 1 15/03/2016 13:38 Page xix INDEX : (2015) 21 JIML xix INDEX Admiralty Court see also Arrest of ships responsibility for loading, stowage and discharge, 242–3 payment into court, 7 revised orders, 243–4 Admiralty law safe port obligation, 83 claims in personam, 333 Commercial agreements claims in rem, 333 construction, 335–6 extension of time, 333 freight forwarding, 445–59 Agency Competition disponent owners of vessel, 83 air transport alliances, 209–14 freight forwarding, 433–44, 449–50 global shipping alliance rejected, 203–15 Anti-suit injunction see also Forum clauses Conflict of laws award of permanent anti-suit injunction, 11 Contractual transport relations, 494–7 London arbitration clause in contract, 246 Contract of affreightment Arbitration award jurisdiction clause, 89 arrest of ship preceding award, 94–96 performance of contract, 87 awards enforced as judgments, 245–6 Contracts Arrest of ships bunker supply contracts, 239, 253–9, 334 arrest despite arbitration award, 94–96 construction and formation, 405–7 new Chinese regulations, 309–14 construction of commercial contracts, 335–6 reasons for arrest, 69–70 effects of European contract harmonisation, 260–79 right of innocent passage, 81 freight forwarding, 433–44, 447–57, 491–503, 504–10 good faith, 260–79, 407 Bills of lading liability, 408–9 BIMCO forms, 68–69 remedies, 409–13 container demurrage clause, 84 review of Keating, 403–16 containerised cargo, 240–1 risk allocation, 465–9 delivery, 18–22, 240–1, 337–45 standard form contracts, 404–5 electronic release system, 337–45 termination, 413–16 exclusive jurisdiction clause, 11 function of, 20 Damages holdership, 18–22 cancellation of contract, 247–52 incorporation of charterparty, 68 remoteness rules, 250–1 indorsement, 18–22 Death interpretation, 340–1, 342–3 alleged wilful misconduct of employee, 170–1 possession, 18–22 employer’s refusal to pay death benefits, 170–1 unavailability at port of discharge, 241–2 Delivery of goods – notice, delay Cargo carrier’s liability for delay in delivery, 39–50, 42 damage compensation claims under Rotterdam Rules, 39–50 liability issues, 460–72 delivery in a ‘reasonable time’, 39–50 risk allocation, 465–9 notice requirements and form of notice, 45–50 transport documents, 469–72 Demurrage Carriage contracts containers, 84 applicable law, 493–503 DCFR, and, 300–308 Haeger v Schmidt, 497–501 lack of documents to support claim, 86 Carriage of goods by air Draft Common Frame of Reference freight forwarding, 442–3 demurrage clauses, and, 300–308 Carriage of goods by road, 443–4 effect on English shipping law, 265–79, 307–8 Carriage of goods by sea good faith, 263–79 delay as a result of rescue, 352, 363–4 mandate contracts, 449, 451 deviation, 353–61 third party rights, 280–99 duty to carry properly and carefully, 168–9 freight forwarding, 435–6, 440–1 Environmental protest impact of DCFR rules, 280–99 maritime torts, 90, 91–93 multimodal regime, 366–79 multimodal transportation in the United States, 511–20 Fishing Charterparties – time false entries in records relating to size of fish, 175–7 breach of notice of approximate redelivery date, Forum clauses see Jurisdiction measure of damages, 7 exclusive jurisdiction in bills of lading, 11 default in paying hire, 170 freight forwarding contracts, 508–9 deviation, 361 in carriage contracts, 23–38 liability of guarantor, 169, 170 jurisdiction clause in contract of affreightment, 89 off-hire clauses, 362–3 Freezing order repudiatory breach, 169, 170, 334–5 application for order against IOPC Funds, 15–17 Charterparties – voyage immunity from, 15, 17 change of discharge port and indemnity, 8 Freight forwarder demurrage, 8, 86 as contractual carrier, 456–7 in-transit loss, 86 as guarantor, 452–6 Index3_Layout 1 15/03/2016 13:38 Page xx xx (2015) 21 JIML : INDEX as intermediary, 450–1 Merchant ships as service provider, 447 master’s duties, 350–2 carriage by cargo, 460–72 rescuing migrants at sea, 350–65 distinction between carrier and freight forwarder, 23–38, Migration 433–44 migrant boats in Mediterranean shipping lanes, 157 forwarding law, 445–59 rescue of migrants by merchant ships, 350–65 law applicable to contracts, 493–503 Multimodal carriage contracts recourse and contribution claims, 473–92 CMR Convention, 23–37 General average freight forwarding, 441 historical regulation, 192–201 practical consequences, 32 uniformity in maritime law, 190–202 Multimodal transport York-Antwerp Rules, 69, 201–2, 319 EU law, 371–3, 377–9 German Law on Maritime Trade 2013 harmonisation of law, 366–79 carrier’s exclusion from liability, 67–69 Rotterdam Rules, 366–79 German Commercial Code, 63-72 United States, 511–20 Hague Rules, and, 63–72 Oil pollution Hague-Visby Rules, and, 63–72 compensation under IOPC Fund and P&I Clubs, 17–18 international law – conflict with, 63–72 IOPC Funds and international law, 13–18 LLMC 1976, and, 63, 71 liability for future contributions to Funds, 156 Master’s liability, 70–71 Offshore drilling Good faith regulation and liabilities, 315–19 Draft Common Frame of Reference, 263–5 English law, 261–3 P & I clubs shipping law, 265–79 anti-suit injunction, 246 arbitration agreements, 245–6 Harmful emissions Passengers EU and IMO regimes on sulphur, 146–52 contribution claims, 245, 473–92 Hazardous substances Piracy HNS Convention 2010 implementation, 153 CMI International Working Group report, 320–1 Human rights compensation for violation of pirates’ rights, 182–9 compensation for violation of pirates’ rights, 182–9 counter-piracy measures off coast of Somalia, 154 Pollution Indemnity clauses see charterparties voyage – voyage, transboundary pollution damage, 155–6 change of port Private maritime security services Guardcon standard contract form, 51–62 Guardcon standard contract form, 51–62, 115–32 knock-for-knock clauses, 51–52, 56–62 ‘all reasonable skill and care’, 56–58 Inland water transport ‘best endeavours’, 58–59 Europeanisation of the CCNR, 167 professional service providers, 61–62 freedom of navigation on the Rhine, 165–7 ‘reasonable endeavours’, 58–59 Insurance unfair terms, 128–32 fraudulent devices promoting genuine claims, 178–81 knock-for-knock clauses, 51–52, 56–62 International rivers exemption from liability, 115–28 choice of law rules on social matters, 391–6 indemnity and exclusion of liability clauses, 56–62 EU law, 389–402 regulatory issues, 54–55 Rhine legal regime, 380–402 safety rules, 396–401 Sale of goods International sale of goods bunkers, 239, 253–9 breach of duty causing loss, 171–2 retention of title clause, 256–8 GAFTA 49 – prohibition and default clauses, 244–5, 247–52 Seafarers sellers’ obligation to obtain export licence, 172–3 Abandonment of seafarers, 321 title of on-buyer, 171–2 fair treatment following maritime accident, 153–54 treatment following arrest of foreign ship, 82 Judgments Ship mortgage Enforcement of judgments, 34–5 Chinese law, 216–26 Jurisdiction see also forum clauses, bills of lading, Ship sales anti-suit injunction judicial sales, 319–20 Brussels 1 Regulation, 26–34 proposed convention on foreign sales, 156 Brussels 1 (bis) Regulation and carriage conventions, 26–34 Ships exclusive jurisdiction clause, 173–4 concept of ‘ship’, 417–24 freight forwarding contracts, 493–503, 504–10 Italian law, 420–3 Hague Convention on Choice of Court Agreements, 237–8 service out of jurisdiction, 333 Tort Liability accessory liability, 90, 91–93 cargo side performance, 460–72 attack on fish activities, 90, 91–93 Limitation Towage Contribution claims, 473–92 Towcon 2008 standard towage contract, 51–52 Lis pendens in carriage contracts, 23–38 War risks insurance parallel proceedings, 23–27 war and strikes clauses 1/10/83, 9 infringement of customs regulations, 10 Marine insurance see also War risks insurance sue and labour, 10 claim for constructive total loss, 88 Wrecks fraud, 323–4 historic wrecks, 111–13 fraudulent devices promoting genuine claims, 178–81 Nairobi Convention provisions, 97–114 utmost good faith principle in US law, 133–45 navigational safety, 101 war risks – detention of vessel, 9 removal for environmental purposes, 99–100.
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