Author: John Hare (LLB.)
Publisher: Juta and Company Ltd
ISBN: 9780702179464
Category : Law
Languages : en
Pages : 1108
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Book Description
South African shipping law is a rich amalgam of English common law and Roman-Dutch civilian principles. Its provenance was profoundly influenced first by Dutch dominance over the seas and world trade during the 17th and 18th centuries, and then by the might of the English commercial empire of the 19th and 20th centuries. Today's South African shipping lawyer continues to draw on both systems, supplemented by innovative developments, especially in admiralty practice.
Author: Nigel Meeson
Publisher: Taylor & Francis
ISBN: 1317424212
Category : Law
Languages : en
Pages : 911
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Book Description
Admiralty Jurisdiction and Practice is the definitive work on litigation in the Admiralty Court. It provides unrivalled commentary and analysis of the key principles of admiralty law, from jurisdiction and procedure to forms and precedents, and is firmly established as the leading reference guide for today’s maritime practitioner. The authors also deal with several topics not covered elsewhere, including the impact of insolvency, the interplay between jurisdiction and practice, limitation periods, the role of international conventions, and collision action rules. The fifth edition has been fully updated to include new case law and vital changes in Commercial Court practice and procedure. It also includes brand new material on the topical jurisdictions of Hong Kong and South Africa, including a comparison to English law and expert commentary on important issues such as ship arrest. This book is a first choice for all those concerned with admiralty law.
Author: Damien J. Cremean
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 272
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Book Description
Text for law students and practitioners providing information about the nature and origins of admiralty jurisdiction, courts and jurisdiction, admiralty claims, practice, procedure and precedents. Includes table of cases, table of statutes, references, bibliography and index. The author is a senior lecturer in law at Deakin University.
Author: Gys Hofmeyr
Publisher: Juta and Company Ltd
ISBN: 9780702182259
Category : Law
Languages : en
Pages : 460
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Book Description
Author: Malcolm Wallis
Publisher: Siber Ink
ISBN: 192002574X
Category : Law
Languages : en
Pages : 419
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Book Description
The Admiralty Jurisdiction Regulation Act 105 of 1983 was a radical and far-reaching, as well as overdue, modernisation of South African admiralty law. Described as 'bold, innovative and comprehensive', it introduced - for the first time anywhere in the world - the provisions enabling an action to be pursued by way of the arrest of an associated ship rather than the ship in respect of which the claim lay. This work, by one of South Africa's pre-eminent shipping lawyers, analyses the nature of this novel action. That involves a review of how the jurisdiction came about; its nature and impact; the problems to which it gives rise and the making of some modest suggestions concerning the road ahead.
Author: D. J. Shaw
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 308
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Book Description
Author: Eva Litina
Publisher: Kluwer Law International B.V.
ISBN: 9403530316
Category : Law
Languages : en
Pages : 172
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Book Description
Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.
Author: Patrick Griggs
Publisher: Taylor & Francis
ISBN: 1000285758
Category : Law
Languages : en
Pages : 661
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Book Description
This fourth edition addresses certain developments, including the 1996 Protocol to the 1976 Limitation Convention, which have come into effect since publication of the previous edition. The chapters on limitation of liability for passenger claims and in relation to the carriage of goods have been updated, as has the chapter on limitation regimes worldwide. The book also focuses upon the practicalities of seeking to limit by reference to case law and procedural rules.
Author: John Dunt
Publisher: Taylor & Francis
ISBN: 1317999231
Category : Law
Languages : en
Pages : 1319
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Book Description
International Cargo Insurance examines the law and practice of marine cargo insurance on a worldwide basis, and provides the busy practitioner the information needed to quickly and accurately resolve cargo insurance coverage issues, wherever they may arise. The book concentrates on the law in the United States and England. It then examines other countries with a common law tradition including Hong Kong, Singapore, Japan and Australia. The civil law systems are highlighted in a number of key trading nations: Italy, Germany, France and Norway. The book includes chapters on South Africa as well as the People’s Republic of China. It concludes with a comparative law chapter concentrating on issues that arise in practice in cargo coverage cases. This chapter also examines how the Institute Cargo Clauses have been construed by Courts worldwide. The appendices include the standard cargo policy insurance terms used in each jurisdiction, some translated for the first time for this volume, as well as translations of the relevant statutes and commercial codes, many not available elsewhere.
Author:
Publisher:
ISBN:
Category : Maritime law
Languages : en
Pages : 872
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Book Description
