The shipping law review/Обзор морского права

Издания на английском языке
The shipping law review (Fourth edition) 2017 year
The fourth edition of this book aims to continue to provide those involved in handling shipping disputes in multiple jurisdictions with an overview of the key issues relevant to each jurisdiction. We have again invited contributions on the law of leading maritime nations, including both major flag states and the countries in which most shipping companies are located. We also include chapters on the law of the major shipbuilding centres and a range of other jurisdictions.
As with previous editions, we begin with cross-jurisdictional chapters looking at the latest developments in important areas for the shipping industry: competition and regulatory law, sanctions, ocean logistics, piracy, shipbuilding, ports and terminals and environmental issues. We once again feature marine insurance and examine the significant legislative changes that have come into force since our last edition was produced. A new chapter on offshore shipping is also included, which seeks to demystify the complex contractual relationships within the sector.
Each jurisdictional chapter then gives an overview of the procedures for handling shipping disputes in each country, including arbitration, court litigation and any alternative dispute resolution mechanisms. Jurisdiction, enforcement and limitation periods are all covered. Contributors have summarised the key provisions of local law in relation to shipbuilding contracts, contracts of carriage and cargo claims. We have also asked each author to address limitation of liability, including which parties can limit, which claims are subject to limitation and the circumstances in which the limits can be broken. Ship arrest procedure, which ships may be arrested, any security or counter-security requirements and the potential for wrongful arrest claims are also included.
The authors review the vessel safety regimes in force in each country, along with port state control and the operation of both registration and classification locally. The applicable environmental legislation in each jurisdiction is explained, along with the local rules in respect of collisions, wreck removal, salvage and recycling. Passenger and seafarer rights are also examined, and contributors set out the current position in each jurisdiction. The authors have then looked forward and commented on what they believe are likely to be the most important forthcoming developments in their jurisdictions over the coming year.
There have been concerns about enforcement of English judgments and arbitration awards. However, the majority of shipping contracts globally will almost certainly continue to be governed by English law, as Brexit will not significantly affect enforceability. Arbitration awards will continue to be enforceable under the New York Convention, and it is likely that reciprocal EU–UK enforcement of court judgments may also be agreed.
Since our last edition there have been significant changes to the English law of marine insurance. The Insurance Act 2015 came into force on 12 August 2016 and reformed areas including disclosure by policyholders and their agents, warranties and insurers’ remedies for fraudulent claims. The Enterprise Act 2016, in force from May 2017, has now introduced liability for insurers if claims are not paid within reasonable time. These changes have generally been welcomed by policyholders.
We would like to thank all the contributors for their assistance with producing this edition of The Shipping Law Review. We hope that this volume will continue to provide a useful source of information for those in the industry handling cross-jurisdictional shipping disputes.
Contents
Editors’ preface
George Eddings, Andrew Chamberlain and Rebecca Warder
Chapter 1 Competition and regulatory law
Anthony Woolich and Daniel Martin
Chapter 2 Marine insurance
Jonathan Bruce, Alex Kemp and Rebecca Huggins
Chapter 3 Ocean logistics
Catherine Emsellem-Rope
Chapter 4 Piracy
Michael Ritter and William MacLachlan
Chapter 5 Ports and terminals
Matthew Wilmshurst
Chapter 6 International trade sanctions
Daniel Martin
Chapter 7 Shipbuilding
Simon Blows and Vanessa Tattersall
Chapter 8 Shipping and the environment
Matthew Dow and Baptiste Weijburg
Chapter 9 Offshore shipping
Paul Dean, Emilie Bokor-Ingram and Matthew Dow
Chapter 10 Angola
Joгo Afonso Fialho, Jose Miguel Oliveira and Andreia Tilman Delgado
Chapter 11 Australia
Gavin Vallely, Simon Shaddick and Alexandra Lamont
Chapter 12 Brazil
Camila Mendes Vianna Cardoso, Godofredo Mendes Vianna and Lucas Leite Marques
Chapter 13 Canada
William Moreira QC
Chapter 14 Chile
Ricardo Rozaz
Chapter 15 China
Nicholas Poynder and Jean Cao
Chapter 16 Colombia
Javier Franco
Chapter 17 Denmark
Jens V Mathiasen and Thomas E Christensen
Chapter 18 Egypt
Gamal A Abou Ali and Tarek Abou Ali
Chapter 19 England & Wales
George Eddings, Andrew Chamberlain and Rebecca Warder
Chapter 20 France
Mona Dejean
Chapter 21 Germany
Olaf Hartenstein, Marco Remiorz and Marcus Webersberger
Chapter 22 Greece
Paris Karamitsios, Richard Johnson-Brown and Dimitri Vassos
Chapter 23 Hong kong
Thomas Morgan and Winnie Chung
Chapter 24 India
Amitava Majumdar (Raja), Aditya Krishnamurthy, Arjun Mital and Pranoy Kottaram
Chapter 25 Ireland
Catherine Duffy, Vincent Power and Eileen Roberts
Chapter 26 Italy
Pietro Palandri and Marco Lopez de Gonzalo
Chapter 27 Japan
Tetsuro Nakamura, Tomoi Sawaki and Minako Ikeda
Chapter 28 Korea
Tae Jeong Kim
Chapter 29 Marshall islands
Lawrence Rutkowski
Chapter 30 Mozambique
Joгo Afonso Fialho, Jose Miguel Oliveira and Miguel Soares Branco
Chapter 31 Nigeria
L Chidi Ilogu and Adedoyin Adeloye
Chapter 32 Panama
Juan David Morgan Jr
Chapter 33 Paraguay
Juan Pablo Palacios Velazquez
Chapter 34 Philippines
Valeriano R Del Rosario, Maria Theresa C Gonzales, Daphne Ruby B Grasparil and Jennifer E Cerrada
Chapter 35 Portugal
Joгo Afonso Fialho, Jose Miguel Oliveira and Angela Viana
Chapter 36 Russia
Igor Nikolaev
Chapter 37 Singapore
Scott Pilkington, Magdalene Chew and Lim Chuan
Chapter 38 Spain
Luis de San Simуn
Chapter 39 Switzerland
William Hold
Chapter 40 Taiwan
Daryl Lai and Jeff Gonzales Lee
Chapter 41 United States
Raymond J Burke Jr, Stephen P Kyne, Christopher H Dillon, William F Dougherty, Keith W Heard and Michael J Walsh
Chapter 42 Venezuela
Jose Alfredo Sabatino Pizzolante
Appendix 1 About the authors
Appendix 2 Contributing law firms’ contact details
Appendix 3 Glossary of terms

The shipping law review (Seventh edition) 2020 year
The seventh edition of this book aims to continue to provide those involved in handling shipping disputes with an overview of the key issues relevant to multiple jurisdictions. We have again invited contributions on the law of leading maritime nations, including both major flag states and the countries in which most shipping companies are located. We also include chapters on the law of the major shipbuilding centres and a range of other jurisdictions.
Contents
Preface
George Eddings, Andrew Chamberlain and Holly Colaco
Chapter 1 Shipping and the environment
Thomas Dickson
Chapter 2 International trade sanctions
Daniel Martin
Chapter 3 Competition and regulatory law
Anthony Woolich and Daniel Martin
Chapter 4 Offshore
Paul Dean
Chapter 5 Ocean logistics
Craig Neame
Chapter 6 ports and terminals
Matthew Wilmshurst
Chapter 7 Shipbuilding
Vanessa Tattersall and Simon Blows
Chapter 8 Marine insurance
Jonathan Bruce, Alex Kemp and Rebecca Huggins
Chapter 9 Piracy
Michael Ritter and William MacLachlan
Chapter 10 Decommissioning in the United Kingdom
Chapter 11 Ship Finance
Gudmund Bernitz and Stephanie Koh
Chapter 12 Australia
Gavin Vallely, Simon Shaddick, Alexandra Lamont and Tom Morrison
Chapter 13 Brazil
Larry John Rabb Carvalho and Jeova Costa Lima Neto
Chapter 14 Cayman IslandS
Sherice Arman and Christian La-Roda Thomas
Chapter 15 Chile
Ricardo Rozas
Chapter 16 China
Nicholas Poynder and Jean Cao
Chapter 17 Colombia
Javier Franco
Chapter 18 Cyprus
Antonis J Karitzis and Zacharias L Kapsis
Chapter 19 Denmark
Jens V Mathiasen and Christian R Rasmussen
Chapter 20 England and Wales
George Eddings, Andrew Chamberlain, Holly Colaco and Isabel Phillips
Chapter 21 France
Mona Dejean
Chapter 22 Greece
Paris Karamitsios, Electra Panayotopoulos and Dimitri Vassos
Chapter 23 Hong Kong
Nicola Hui and Winnie Chung
Chapter 24 Ireland
Catherine Duffy, Vincent Power and Eileen Roberts
Chapter 25 Italy
Pietro Palandri and Marco Lopez de Gonzalo
Chapter 26 Japan
Jumpei Osada, Masaaki Sasaki and Takuto Kobayashi
Chapter 27 Malta
Jean-Pie Gauci-Maistre, Despoina Xynou and Deborah Mifsud
Chapter 28 Marshall Islands
Lawrence Rutkowski
Chapter 29 New Zealand
Simon Cartwright, Charlotte Lewis and Zoe Pajot
Chapter 30 Nigeria
Adedoyin Afun
Chapter 31 Panama
Juan David Morgan Jr
Chapter 32 Paraguay
Juan Pablo Palacios Velazquez
Chapter 33 Philippines
Valeriano R Del Rosario, Maria Theresa C Gonzales, Daphne Ruby B Grasparil and Jennifer E Cerrada
Chapter 34 Russia
Igor Nikolaev
Chapter 35 Singapore
Kimarie Cheang, Wole Olufunwa, Magdalene Chew and Edwin Cai
Chapter 36 South Korea
Jong Ku Kang and Joon Sung (Justin) Kim
Chapter 37 Spain
Anna Mestre and Carlos Gorriz
Chapter 38 Switzerland
William Hold
Chapter 39 Taiwan
Daryl Lai and Jeff Gonzales Lee
Chapter 40 Ukraine
Evgeniy Sukachev, Anastasiya Sukacheva and Irina Dolya
Chapter 41 United Arab Emirates
Yaman Al Hawamdeh and Meike Ziegler
Chapter 42 United States
James Brown, Michael Wray, Jeanie Goodwin, Thomas Nork, Chris Hart, Marc Kutner, Alejandro Mendez, Melanie Fridgant and Svetlana Sumina
Chapter 43 Venezuela
Jose Alfredo Sabatino Pizzolante
Appendix 1 About the authors
Appendix 2 Contributors’ contact details
Appendix 3 Glossary
Tom Walters

The Shipping Law Review (Tenth Edition) 2023
The aim of the tenth edition of this book is to provide those involved in handling shipping disputes with an overview of the key issues relevant to multiple jurisdictions. As with previous editions of Zbe Shipping Law Review, we begin with cross-jurisdictional chapters looking at the latest developments in important areas for the shipping industry, including international trade sanctions, ocean logistics, offshore, piracy, shipbuilding, ports and terminals, marine insurance, environmental and regulatory issues, decommissioning and ship finance.
We have invited contributions on the law of leading maritime nations, including both major flag states and the countries in which most shipping companies are located. We also include chapters on the law of the major shipbuilding centres and a range of other jurisdictions.
Each of these jurisdictional chapters gives an overview of the procedures for handling shipping disputes, including arbitration, court litigation and any alternative dispute resolution mechanisms. Jurisdiction, enforcement and limitation periods are all covered, as are the key provisions of local law in relation to shipbuilding contracts, contracts of carriage and cargo claims.
Contents
Preface
Chapter 1 Shipping and the environment
Chapter 2 International trade sanctions
Chapter 3 Competition and regulatory law
Chapter Offshore
Chapter 5 Ocean logistics
Chapter 6 Ports and terminals
Chapter 7 Shipbuilding
Chapter 8 Marine insurance
Chapter 9 Piracy and complex environments
Chapter 10 Decommissioning in the United Kingdom
Chapter 11 Ship finance
Chapter 12 Australia
Chapter 13 Brazil
Chapter 14 Chile
Chapter 15 China
Chapter 16 Cyprus
Chapter 17 Denmark
Chapter 18 Ecuador
Chapter 19 England and Wales
Chapter 20 France
Chapter 21 Greece
Chapter 22 Hong Kong
Chapter 23 India
Chapter 24 Indonesia
Chapter 25 Israel
Chapter 26 Italy
Chapter 27 Japan
Chapter 28 Malta
Chapter 29 Mexico
Chapter 30 New Zealand
Chapter 31 Nigeria
Chapter 32 Panama
Chapter 33 Paraguay
Chapter 34 Philippines
Chapter 35 Poland
Chapter 36 Singapore
Chapter 37 South Korea
Chapter 38 Switzerland
Chapter 39 Thailand
Chapter 40 United Arab Emirates
Chapter 41 United States
Chapter 42 Venezuela
Chapter 43 Vietnam
Appendix 1 About the authors
Appendix Contributors’ contact details
Appendix 3 Glossary