This unique new title provides expert, hands-on advice as to the law and practice of the maritime letter of indemnity. Detailing the variety of implications that can arise from each type of letter, the authors bring this important and litigious subject to the fore with a view to reducing the commercial and legal risks involved in this core area of shipping and international trade.
Key features of this title include detailed legal analysis of:
- The history of indemnity contracts and letters of indemnity
- Shipping and international trade contexts where letters of indemnity are used
- GAFTA sale contract forms and standard letter of indemnity P&I Clubs forms
- The enforceability of maritime letters of indemnity
- The rights and liabilities for sellers, buyers, banks and ship owners which arise from the use of letters of indemnity
- The impact on the system based on the use of bills of lading and on electronic bills of lading
- Policy issues arising from the use of letters of indemnity in practice and of the practicalities of litigation involving letters of indemnity.
As the only text currently on the market covering maritime letters of indemnity in such detail, this book will be an indispensable guide for maritime lawyers, professionals and academics alike, as well as shipowners, charterers, commodity traders and trade finance professionals
Table of Contents
Chapter 1. Introduction to Letters of Indemnity Chapter 2. Letters of Indemnity and the Carriage of Goods by Sea Chapter 3. Letters of Indemnity and Bills of Lading Chapter 4. LOIs, the International Approach Chapter 5. "Clean Bills" LOIs, the English position Chapter 6. Policy Considerations Chapter 7. Discharge LOIs and The Presentation Rule Chapter 8. Enforcing "discharge" Letters of Indemnity Chapter 9. Change of Destination LOIs Chapter 10. Letters of Indemnity and P&I Cover Chapter 11. Implied Indemnities
Dr Felipe Arizon is a Spanish lawyer and academic. He is the managing partner of Arizon Abogados S.L.P. and the head of the firm's shipping and trade team.
David Semark is a Barrister with Quadrant Chambers, and prior to this he was a Partner with Reed Smith LLP. He specialises in commercial law with a particular emphasis on shipping and maritime law.
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'The authors provide a thoughtful and almost comprehensive guide to this important area of law and the book should prove a useful addition to the library of any shipping practitioner.' Professor Simon Baughen, Journal of International Maritime Law