This unique title examines in depth issues of jurisdiction, maritime law and practice from a modern perspective and highlights the importance of risk management with a view to avoiding pitfalls in litigation or arbitration and minimising exposure to liabilities.
The third edition has been fully revised and restructured into two self-contained volumes, the first covering jurisdictional issues and risks and the second exploring the diverse aspects of maritime law, risks and liabilities. The book continues to provide succinct analysis of the key principles and precedents of maritime law, a detailed account of important decisions, and incorporates developments in regulation, Codes of good practice and international Conventions.
The first volume tackles a wealth of complex jurisdictional aspects, ranging from the enforcement of maritime claims to a detailed analysis of the conditions of arrest of ships, including reconsideration of wrongful arrest, beneficial ownership, forum non-convenience and limitations upon the jurisdiction of the English courts.
Key features of Volume One:
- Expert analysis of the very latest case law, including noteworthy cases in international jurisdictions
- Highlights important recent changes and developments in:
- piercing the corporate veil – State immunity
- conflict of laws and jurisdictions
- stay of proceedings for breach of jurisdiction or arbitration agreements
- issues arising from tiered dispute resolution clauses
- anti-suit injunctions
- Timely examination of the EU jurisdiction scheme and the Review of the Brussels I Regulation
- New Chapter on Freezing Injunctions as compared with the US Rule B Attachment
This book serves as an invaluable reference for lawyers, academics, and a host of shipping and risk management professionals worldwide.
Table of Contents
Chapter 1. The Jurisdiction of the Admiralty Court Chapter 2. Enforcement of Maritime Claims Chapter 3. Freezing Injunctions and the US Rule B Attachment Chapter 4. Conditions of Arrest - Beneficial Ownership - the Corporate Veil Chapter 5. Arrest of Ships – Priorities of Claims – Conflict of Laws Chapter 6. Dismissal, or Declining, Stay of Proceedings, Forum Shopping Chapter 7. The EU Jurisdiction Regime and its Review Chapter 8. Anti-suit Injunctions
Dr Aleka Mandaraka-Sheppard (LLB, LLM, PhD, Dip.IArb), is a dually qualified lawyer (Greece and England) and was formerly a practising solicitor in the City of London, Head of the Shipping Law Unit, UCL, and Visiting Professor of Maritime law. She is the Founder and Chairman of the London Shipping Law Centre – Maritime Business Forum and practises as a Maritime Arbitrator and Mediator. Her passion has been in promoting risk management education since 1998 through the LSLC and privately to shipping companies in-house. This book was inspired by her teaching and practice in maritime law. Her students gave her great encouragement to write it and continue its editions.
In her early years of studies in the UK, apart from her interest in shipping, she carried out research for her Ph.D into organisational behaviour and published "The dynamics of aggression in women’s prisons" (1986), which gave her insights into causes of conflict, ways of resolving difficult conflict situations, and the effect of regulations on deterring or aggravating misbehaviour. Her knowledge in this area has provided the backbone for her practice as a lawyer, educator, writer, arbitrator, mediator and risk management advisor."