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.
Table of Contents
1. History of the 1952 Arrest Convention
2. The way to uniformity of maritime law in respect of arrest of ships
3. Scope of application
4. Definitions of Arrest, Person and Claimant
5. The Maritime claims
6. Claims in respect of which a ship may be arrested under the Convention
7. Jurisdiction for the arrest
8. Jurisdiction on the merits and related matters
9. Arrest or detention by public authorities
10. Procedure relating to the arrest
11. Arrest of the ship in respect of which the claim is asserted
12. Arrest of "sister" ships
13. Arrest of associated ships
14. Arrest of ships owned by the charterer in respect of claims of the owner of the chartered ship
15. Right of rearrest and multiple arrest
16. Release of the ship from arrest
17. When the release of a ship under arrest is not permitted
18. Liability for wrongful arrest
Francesco Berlingieriis a renowned Italian lawyer based in Genoa, Italy, specializing in maritime law at Studio Legale Berlingieri, the very first law firm to specialise in maritime law.
"This is a work of major and collaborative scholarship, Professor Berlingieri having received contributions from notable academics and practitioners from many jurisdictions…The scholarship is evident in, for example: the copious reference to other international instruments and to the potential conflicts between them; the examination of individual countries’ implementation of the Arrest Convention for divergence from the Convention itself; and the frequent reference to the history and the traveux of the Convention."
James M. Turner, The Journal of International Maritime Law