Written by a team of acclaimed practitioners and leading academics, this book brings together in one single volume an analysis of contemporary legal issues concerning ship building, sale and finance contracts. It offers a comprehensive, expert and thoroughly practical guide on what is a very complex area of law in today's international shipping industry.
The book presents a detailed and critical analysis of standard and non-standard shipbuilding and sale contracts, including vital but often overlooked issues such as payment and refund guarantees, which have been at the forefront of recent litigation and practice. It also critically and thoroughly analyses several types of standard insurance contracts, including shipbuilder's risks and mortgagee's interests, which are not adequately dealt with elsewhere and it provides a critical and contemporary discussion on the legal and practical issues surrounding ship finance, ship mortgages and more esoteric issues such as the use of bareboat charters and financial derivatives.
This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide. The book is divided into 3 parts; Legal Issues relating to Ship Building, Ship Sale Contracts and Practice, and Legal and Practical Issues relating to Ship Finance. Each has been expertly contributed to by the leading practitioners and academics in the field from top firms, chambers and institutions including; Ince & Co, Quadrant Chambers, Haynes and Boone CDG, LLP, Holman Fenwick Willan LLP, Watson Farley & Williams LLP, 7 Kings Bench Walk, and Institute of International Shipping and Trade Law (IISTL) of Swansea University.
Table of Contents
Part I: Legal issues relating to ship building 1. Contracting by Numbers: The Different Characteristics of the Main Shipbuilding Contracts Professor Andrew Tettenborn 2. The BIMCO Newbuildcon Standard Form Shipbuilding Contract: Salient Features and Pitfalls Chris Kidd 3. Remedies for Breach of Shipbuilding Contracts- Is English Law 'Fit for Purpose'? Simon Curtis 4. The Application of the 'Prevention Principle' in the Ship Building Context Simon Kverndal QC 5. Drafting and Interpreting Payment and Refund Guarantees in the Shipbuilding Context John Forrester 6. The Evolving Nature of Builders' Risks Cover Professor Baris Soyer Part II: Ship sale contracts and practice 7.Battle of the Sale Forms Matt Hannaford 8. 'As Is'...As You Were?The Union Power and 'As Is' Provisions in Ship Sale and Purchase Contracts 9. The Practicalities of Ship Sales in the Current Market William Maclachlan Part III: Legal and practical issues relation to ship finance10. Ship Mortgages: Enforcement and Remedies Charles Buss 11. Mortgagees' Interest Insurance Peter Macdonald Eggers QC 12. Lease Finance and Demise Charters-Lessors’ Risks and Liabilities Professor Simon Baughen 13.Financing Newbuilding Vessels and Barecon 2001: A Fair Deal? Dr Theodora Nikaki 14. Shipping Finance and Sanctions 15. Using Derivatives to Finance Ship Sales and Shipbuilding: A Civil Law Perspective Professor Dr Olivier Cachard
Barış Soyer is Professor of Commercial and Maritime Law and Director of the Institute of International Shipping and Trade Law, Law School, Swansea University .
Andrew Tettenborn is Professor of Commercial Law at the Institute of International Shipping and Trade Law, Law School, University of Swansea.
'The editors are to be congratulated in bringing together this collection of stimulating contributions.The book will be of great value to academics, law students, researchers, legal practitioners, shipbrokers and bankers.'
Richard Coles, Journal of International Maritime Law