This edited volume brings together contributions from experienced academics and practitioners in shipping law to consider the crucial subject of remedies in shipping litigation.
The collection takes a close look at the established principles and recent legal, commercial and technical developments in the area of remedies in shipping law. It is divided into three parts. The first part focuses on fundamental common law principles concerning damages, including approaches to topics such as damages for delay and what happens when a charter is thrown over early; the reflective loss rule; mitigation; and the problem of cryptocurrency. The second part considers technology and how it affects contracts and remedies, including the use of new technologies and the development of new liability regimes. The third part explores contractual remedies other than simple compensatory damages, considering issues such as limitation of liability, punitive damages, specific remedies, third party claims and liabilities, and anti-suit injunctions.
Written for lawyers and administrators not only in England and Wales but worldwide (especially Germany, Switzerland, Greece, Canada, Australia, New Zealand, China, Hong Kong, Singapore and India), the book will also be of interest to specialist maritime law firms in the USA. It will be a valuable addition to specialist law libraries within Europe and the USA, and to university libraries where maritime and shipping law are taught as specialist subjects.
Part I. DAMAGES: FUNDAMENTAL PRINCIPLES AND NEW FRONTIERS
Chapter 1. Limitations to and Deductions from Contractual Damages
Jonathan Webb
Chapter 2. The Reflective Loss Doctrine and Shipping Law: Can We Write It Off yet?
Andrew Tettenborn
Chapter 3. Mitigation – Is it Relevant when Assessing Damages for Breach of Charterparty?
Simon Croall KC
Chapter 4. Prospects of Recovering Damages for Delay in Shipping Cases
Andrew Preston
Chapter 5. Limits on a Shipowner’s Right to Refuse Early Redelivery of a Time-Chartered Vessel
Ceren Cerit Dindar
Chapter 6. Ship Seller’s Potential Duty of Care in respect of Buyer’s Dismantling of Vessel
Grace Asemota
Chapter 7. Judgments in Bitcoin?
Josephine Davies
PART II. EMERGING LIABILITY REGIMES AND DAMAGES
Chapter 8. Remedies for Smart Legal Contracts: Rectification and Rescission Reconsidered Adam Sanitt
Chapter 9. The Internet of Things in the Commercial Insurance Context – A Case for Regulation, or for Commercial Shrewdness and Judicial Creativity?
B. Soyer
Chapter 10. Digital Banking and Liability Issues
Andrea Miglionico
Chapter 11. Control Centres in the Context of Unmanned Ship Operations – Their Status and Potential Liabilities
Bülent Sözer
Chapter 12. Shipping Operators’ Obligations & Liabilities under the International and EU Emission Reduction Strategy
Lia I. Athanassiou
Chapter 13. Damages for Late Payment of Insurance Claims
Peter MacDonald Eggers KC
PART III. OTHER REMEDIES AND THIRD PARTIES
Chapter 14. Specific Remedies in Shipping – Specific Performance, Specific Enforcement and the interaction of ‘Negotiating Damages’
Chris Kidd
Chapter 15. The Rebirth of the European "Anti-Suit Injunction" Issue Post-Brexit
Aygün Mammadzada
Chapter 16. Punitive Damages in Maritime Cases – A View from Across the Pond
Michael F. Sturley
Chapter 17. Limitation of Liability – New Trends
Frank Stevens
Chapter 18. Am I My Brother’s Keeper? Liability in Tort for the Acts of Third Parties
Simon Baughen
Chapter 19. Third Party Loss in Carriage of Goods by Sea
Melis Özdel
Biography
Barış Soyer is the Director of Institute of International Shipping and Trade Law (Swansea University) and author/editor of several books published in the fields of maritime and insurance law.
