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 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.
The second volume tackles the substantive maritime law with a particular emphasis on risk and liabilities, and analyses issues of contract, tort and criminal law, causation and remoteness of damages.
Key features of Volume One include:
- 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
Key features of Volume Two include:
- An analysis of the regulatory regime, new EU and IMO safety at sea legislation, reforming practices for flag states and recognised organisations, vetting, codes of good practice, and International Conventions.
- An explanation of the Rules of attribution of liability, the impact of the ISM Code upon liabilities, including criminal, corporate manslaughter, and the new Directive for ship-source pollution.
- Important developments in areas including:
- Ship-managing risks, best endeavours and fiduciary duties
- Mortgagees risks and economic torts
- New BIMCO standard terms of contracts
- Ship-sale risks - including sale "as is" and "as she was"
- Shipbuilding risks - guarantees and performance bonds
- New trends on wrongful acts of employees, collisions and measure of damages, salvage issues, environmental salvage, and towage contracts
- Piracy risks cases and general average
- New perspectives on risks and liabilities of port authorities
- Pollution liabilities, including trends of prosecution of class societies and charterers and new limits of liability under International Conventions
This book serves as an invaluable reference for lawyers, academics, and a host of shipping and risk management professionals worldwide
Both volumes are also available to purchase individually:
Volume 1 at http://www.routledge.com/books/details/9780415835169/
and Volume 2 at http://www.routledge.com/books/details/9780415839068/
Table of Contents
VOLUME 1: JURISDICTION AND RISKS
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
VOLUME 2 – MANAGING RISKS AND LIABILITIES
VOLUME 2 – MANAGING RISKS AND LIABILITIES (CONTENTS) Part I: OVERARCHING ASPECTS OF RISK MANAGEMENT Chapter 1: Managing Risks in the 21st Century – an Overview Chapter 2: The Regulatory Regime– EU and IMO Developments Chapter 3: Context of Regulatory Enforcement - The ISM and the ISPS Codes Chapter 4: Attribution of liability - Risk Management in context of the ISM Code Part II: OWNERSHIP ASPECTS AND MANAGEMENT OF RISKS Chapter 5: Ship Ownership and Ship-Managers’ risks Chapter 6: Risks in the mortgage of Ship Chapter 7: Ship building Contracts and Risks Chapter 8: Risks in Ship Sale and Purchase Part III: SHIP AND PORT RISKS AND LIABILITIES Chapter 9: Risks and Liabilities arising from Collisions at Sea Chapter 10: Risks and Liabilities under Salvage Chapter 11: Risks and Liabilities under Towage Contracts Chapter 12: Liability and Risks in General Average Chapter 13: Risk Management by Harbour Authorities Part IV: COMPENSATION FOR LIABILITIES AND LIMITATION Chapter 14: Limitation of Liability for Maritime Claims Chapter 15: Liability, Limitation, Compensation for Passengers’ Claims Chapter 16: Liability, Limitation, Compensation for Marine Pollution, and Nuclear, damage
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 in organisational behaviour and published "The dynamics of aggression in women’s prisons" (1986), which gave her insights in causes of conflict, ways of resolving difficult conflict situations, and the effect of regulations on deterrence, or aggravation, of misbehaviour. Her knowledge in this area has provided the backbone in her practice as a lawyer, educator, writer, arbitrator, mediator and risk management advisor.
Although the title – Modern Maritime Law – might suggest the author considers modern aspects of maritime law, what is modern is actually her approach to the analysis of the problems. - Professor Francesco Berlingieri for International Maritime Law (Vol 20, No. 1, 2014)
This is a book of a monumental work, which should grace the shelves of all shipping law firms, P&I Clubs and shipping law chambers with an interest in modern maritime law and/or risk management. - Jeremy J. Thomas, Partner, Constant & Constant 1977 - 2007 & TLT LLP 2007-14