APRIL±MAY 2004 THE JOURNAL OF VOLUME 10 ISSUE 2 ISSN 1478-8586 EDITORIAL Comite¨ Maritime International (CMI) 38th International Conference:Vancouver, May/June 2004 DIGEST OF CONTEMPORARY DEVELOPMENTS ANALYSIS AND COMMENT Limitation of liability ^ London Convention 1976 ^ definition of charterer ^ right to limit ^ limitable claims ^ Articles 1(2) and 2(1)(a) CMA CGM SA v Classica Shipping Co Ltd Private international law ^ choice of law ^ Islamic law Shamil Bank of Bahrain EC v Beximco and others Marine insurance ^ duty of utmost good faith ^ misrepresentation ^ pre-contract ^ breach of warranty ^ fraudulent presentation of a claim Eagle Star Insurance Co Ltd v Games Video Co SA and others (The Game Boy) Jurisdiction ^ Brussels Jurisdiction Convention ^ lis pendens ^ application to jurisdiction agreements Erich Gasser GmbH v Misat Srl Jurisdiction ^ English anti-suit injunctions ^ compatibility with Brussels Jurisdiction Convention ^ opinion of Advocate General Turner v Grovit ARTICLES Scope of coverage under the UNCITRAL Draft Instrument PROFESSOR MICHAEL F STURLEY The road to Vancouver ^ the development of theYork-Antwerp Rules RICHARD CORNAH The CMI Review of Marine Insurance PROFESSOR JOHN HARE Places of refuge: the debate moves on RICHARD SHAW INTERNATIONAL AND REGIONALORGANISATIONS European Union,CMI,UNCTAD/UNCITRAL, IMO Book Review APRIL^MAY 2004 VOLUME 10 ISSUE 2 ISSN 1478-8586 CONTENTS EDITORIAL 155 The road toVancouver ^ the development of theYork-Antwerp Rules 113 Comite¨ Maritime International (CMI) RICHARD CORNAH 38th International Conference: Fellow ofthe Association of Average Adjusters Vancouver, May/June 2004 167 The CMI Review of Marine Insurance PATRICKGRIGGS PROFESSOR JOHN HARE President,Comite¨ Maritime International Professor of Shipping Lawatthe University of CapeTown 115 DIGEST OF CONTEMPORARY 174 Places of refuge: the debate moves on DEVELOPMENTS RICHARD SHAW Senior Research Fellow,Universityof Southampton Institute of Maritime Law;Titulary Memberof CMI ANALYSIS AND COMMENT 122 Limitation of liability ^ London Convention INTERNATIONAL AND REGIONAL 1976 ^ definition of charterer ^ right to limit ^ ORGANISATIONS limitable claims ^ Articles1(2) and 2(1)(a) CMA CGM SA v Classica Shipping Co Ltd 190 EUROPEAN UNION 125 Private international law ^ choice of law ^ The Proposed EC Port Security Directive Islamic law 194 Selectedrecentdevelopmentsin EC maritimelaw Shamil Bank of Bahrain ECv Beximco and others 195 Jurisdiction and illegal strike action by shipping 127 Marine insurance ^ duty of utmostgood faith ^ trade union misrepresentation ^ pre-contract ^ breach of Danmarks Rederiforening, acting on behalfof warranty ^ fraudulent presentation of a claim DFDS Torline A/S v LO Landsorganisationeni Eagle Star Insurance Co Ltd v GamesVideo Co SA Sverige, actingonbehalfof SEKOSjÎfolk FacketfÎr and others (The Game Boy) Service och Kommunikation 131 Jurisdiction ^ Brussels Jurisdiction Convention Case C-18/02 2004, ECJ, 5 February 2004 ^ lis pendens ^ application to jurisdiction 199 CMI ^ 38th International Conference 2004 agreements Erich Gasser GmbH v Misat Srl 201 UNCTAD/UNCITRAL ^ Container security: major initiatives and related international 134 Jurisdiction ^ English anti-suit injunctions ^ developments: new UNCTAD report published compatibility with Brussels Jurisdiction Convention ^ opinion of Advocate General 204 The IMO ^ IMO conventions: the tacit consent Turner v Grovit procedure and some recent examples ARTICLES BOOK REVIEW 138 Scope of coverage under the UNCITRAL 212 Law and Practice of Marine Insurance in Draft Instrument Canada ^ George R Strathy,George C Moore PROFESSOR MICHAEL F STURLEY Indexofcases Stanley D and Sandra J Rosenberg Centennial Professor,University of Texas Law Indexoflegislation School,USA Index NOTES FORCONTRIBUTORS 1. Proposed contributions are invited on the understanding that they have not been accepted for publication elsewhere, and should preferably be sent either as a word attachment by e-mail to [email protected] or as hard copy with disc by post to Rachel Caldin, Lawtext Publishing Limited, Office G18, Spinners Court, 55 West End, Witney, Oxon OX28 1NH. 2. All contributions are refereed. 3. Authors are advised always to retain their electronic and hard copy base. 4. Authors are asked to supply their full name and title, current cite, and full contact details. 5. Authors are asked to supply a proposed title for their paper, followed by an abstract of approximately 100±150 words as appropriate. 6. Case and other analytical commentaries should set out the full title and reference of the case, statute, convention, or other subject matter; and should be appropriately structured and subtitled. In particular, case analyses should proceed under the following subheadings: Facts, Decision, Commentary. All references should be included within the body of the commentary. 7. Acknowledgements (eg for assistance) or information about the material submitted (eg previously heard as a lecture) should also be included. 8. Footnotes: citations (in full) should appear as numbered footnotes which can either be listed at the foot of each page or as end notes. They will be printed in the journal at the foot of the relevant page. Books should be cited as follows: author's name, (or editor(s)), title in italic, edition, publisher and year. Articles should be cited as follows: author's name, title of article in single inverted commas, journal reference (in full if not internationally known) in italic. 9. Cases should be cited as follows: (a) Cases with an English neutral citation number should be cited with that number before any other reference: eg Welex AG v Rosa Maritime Ltd [2002] EWHC 762 (Comm); Glencore Grain Ltd v Flacker Shipping Ltd [2002] EWCA Civ 1068. (b) Thereafter or in the absence of a neutral citation number, references to English cases should be to the Official Law Reports or, if the case is not reported in those reports, to the Weekly Law Reports. Otherwise reference may be made to the All England Law Reports or to any specialist reporter. Where a case has been reported in both those law reports and in an internationally available set of reports such as Lloyd's Reports, American Maritime Cases or International Legal Materials, the first reference to it should also include that report's citation: eg Metal Scrap Trade Corporation Ltd v Kate Shipping Ltd (The Gladys) [1990] 1 WLR 115; [1990] 1 Lloyd's Rep 297. (c) Citations of an English case which is reported in the English Reports should be made by reference only to its original report(s), except that on first reference the ER citation should also be given: eg Dunlop v Lambert (1839) 6 Cl & Fin 600; 7 ER 824. (d) References to an overseas case should initially be to the official law reports of the relevant jurisdiction: eg Lake Erie & Northern Railway Co v Brantford Golf and Country Club (1917) 32 DLR 219; it may be helpful if, on first reference, a parenthesis is included with an abbreviated reference to the country and court in question: eg Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 92 CLR 424 (Aus, HC); where such a case has been also reported in international reports such as Lloyd's Reports, AMC or ILM, the first reference to it should include that report's citation: eg Bunge v Furness Bridge (1978) 558 F.2d 790; [1977] AMC 2109 (USCA, 5th Cir). (e) Cases in the European Court of Justice should be cited with their case numbers, thus: Peters v ZNAV (Case 34/ 82) [1983] ECR 987. (f) On first mention, a case should be named in full. On subsequent mention, Ð a sobriquet or commonly abbreviated form may be used, especially a ship's name or the title at the top of the pages in the report: eg Bremer Vulkan for Bremer Vulkan Schiffbau und Maschinenfabrik v South India Shipping Corporation Ltd [1981] AC 909; and Ð the subsequent references should not cross-refer to the earlier citation, but should repeat the reference: eg the Bremer Vulkan case [1981] AC 909, 916. 10. The editors reserve the right to make alterations as to style, grammar, punctuation etc.; the accuracy of the contribution is the responsibility of the author. EDITORIAL BOARD PROFESSOR MALCOLM CLARKE Professor of Commercial and Contract Law, St John's College,Cambridge VOLUME 10 ISSUE 2 ISSN 1478-8586 PROFESSOR CHARLES DEBATTISTA Professor of Commercial Law,Institute of Maritime Law, Universityof Southampton EDITOR IN CHIEF PROFESSOR NICHOLAS GASKELL David Jackson Professor of Maritime and Commercial PROFESSOR D RHIDIAN THOMAS Law,Institute of Maritime Law,Universityof Southampton Professor of Maritime Law and Director ofthe Institute of PATRICKGRIGGS International Shippingand Trade Law,Departmentof Law, President,CMI,British Maritime Law Association, Universityof Wales,Swansea Consultant,Ince & Co,London PROFESSOR JOHN HARE Professor of Shipping Law,Facultyof Law, Universityof CapeTown,SA EDITORS PROFESSOR MARC HUYBRECHTS Professor of Maritime and Transport Law, JASON CHUAH Universities of Leuven and Antwerp,Belgium Readerin Commercial Law,School of Law, NICHOLAS LEGH-JONES QC Universityof Westminster 20 Essex Street Chambers,London Visiting Professor at King's College,London DR BARIS° SOYER Lecturerin Law and Member ofthe Institute of PROFESSORVAUGHAN LOWE International Shipping and International Trade Law, Chichele Professor of Public International Law, Departmentof Law,Universityof Wales,Swansea All Soul's College,Oxford Essex Court Chambers,London DR ALEKA MANDARAKA-SHEPPARD Founder-Director ofthe London Shipping Law Centre Senior Lecturer,University