4th Edition

Enforcement of Maritime Claims




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ISBN 9781843114246
Published December 1, 2005 by Informa Law from Routledge
1072 Pages

USD $610.00

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Book Description

The fourth edition consists of consideration of all aspects of the jurisdiction of English courts and arbitrators over maritime claims, applicable law, judgments, remedies and security interests, including the continuing critical impact of membership of the European Union. The comprehensive updating encompasses legislative, convention and judicial developments since the publication of the last edition in 2000 – in particular the replacement of the amended Brussels Jurisdiction and Judgments Convention 1968 by Council Regulation 44/2001 and its effect on other maritime convention jurisdiction provisions, relevant Civil Procedure Rules and judicial interpretation of both.

Table of Contents

Introduction: Maritime Claims and their Consequences Part I: Jurisdiction and Modes of Enforceability Chapter 1. Sources of Admiralty Jurisdiction Chapter 2. The Nature of Maritime Claims Part II: Jurisdiction of English Courts and Arbitral Tribunals Chapter 3. Jurisdiction Bases for Enforcement of Maritime Claims Chapter 4. The Jurisdiction and Judgment Regulation and Convention- Boundaries and Structure Chapter 5. Forum Law or Community Regime? Chapter 6. Regulation 44/2001 and the Brussels Convention - Jurisdiction Allocation in Initial Proceedings Chapter 7. Jurisdiction as Between England, Scotland and Northern Ireland Chapter 8. The Lugano Convention- Divergences from Regulation 44/2001 or the Brussels Convention Chapter 9. Enforcement of Maritime Claims by an Action "in Personam" Chapter 10. Enforcement of Maritime Claims by an action "in Rem" Chapter 11. Delay in Suit Chapter 12. Restrictions Jurisdiction Chapter 13. Arbitration Part III: Interim Relief Chapter 14. Nature and Basis of Interim Relief Chapter 15. Arrest and Alternative Security Chapter 16. The "Freezing Injunction" Part IV: Security on the Merits- The Lien Concept Chapter 17. Nature and Development of Liens Chapter 18. Maritime Liens Chapter 19. Statutory Liens in Admiralty Chapter 20. Possessory Liens Chapter 21. Equitable Liens Chapter 22. Creating a Lien by Contract Chapter 23. Priorities Part V: Remedies Chapter 24. Limitation of Liability Chapter 25. Remedies Determinative of Substantive Issues Part VI Foreign Law Chapter 26. Application of Foreign Law Chapter 27. Enforcement of Foreign Judgments and Arbitral Awards Outside the Brussels and Lugano Conventions Chapter 28. Judgments and Settlements within a European Judgements Regime

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Author(s)

Biography

Professor D.C Jackson is Emeritus Professor of Law at Southampton University.