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Analysing the arrest of ships in English and Scots law in the light of the international conventions in the field this book examines the protective, security, and jurisdictional functions of arrest within the three classical domains of private international law: applicable law, jurisdiction, and the recognition and enforcement of foreign judgments.
The Arrest Conventions, signed in 1952 and 1999, play a fundamental role in the worldwide enforcement of maritime claims. Arrest of ships is one of the most distinctive features of international maritime law. It provides a powerful, efficient and effective means of enforcing maritime claims in rem, obtaining sufficient asset security and preserving property pending substantive proceedings. Ship arrest is, however, also a draconian power that cuts across property rights and can cause considerable commercial harm to shipowning interests. This book provides thematic and comparative analysis from leading international commentators on the most significant legal and policy issues, including practical problems arising from the Arrest Convention texts, as well as the direct implementation or indirect 'translation' of the Arrest Conventions into domestic legal systems. It critically analyses the political and historical development of the Conventions, explores the key concepts underpinning the Arrest Convention frameworks and considers the future of ship arrest.
This work focuses on a specific aspect of the enforcement of maritime claims, namely judicial sales of ships, a procedure creditors typically resort to in the event of an irreversible default situation. A substantial part of the book approaches the topic from a comparative perspective, the goal being to assess the similarities and differences of the judicial sale procedure between three specific jurisdictions: Belgium, the Netherlands, and England & Wales. In this study, the comparison is used to further analyse the impacts of these differences on the effectiveness and reliability of the judicial sale procedure in each jurisdiction and also forms the basis for assessing the feasibility of harmonising judicial sale procedures and fostering their acceptance. Considering the international character typical of judicial sales of ships, conflict-of-law questions are very likely to arise during these procedures. Accordingly, the comparative study, where appropriate, is viewed against a private international law background.
International Bar Association. Section on Business Law. Committee on Maritime and Transport Law
Author : International Bar Association. Section on Business Law. Committee on Maritime and Transport Law Publisher : Page : 92 pages File Size : 21,33 MB Release : 1976 Category : Maritime law ISBN :
Now presented in two convenient volumes, the sixth edition of Berlingieri on Arrest of Ships is an invaluable source of information, detailing the claims in respect of which a ship may be arrested, the conditions for obtaining an order of arrest, the need for a security, the manner by which the ship that has been arrested may be released, the possibility of a multiple arrest and the jurisdiction on the merits. Focused on the 1952 Arrest Convention, volume I provides a unique, thorough, and updated commentary, analysing each provision with reference to its interpretation in a significant number of States Parties. Moreover, the original comments have been reviewed on the basis of the Travaux Préparatoires of the Convention, which the Author has collected and arranged under each article. In addition to this, the Travaux Préparatoires are now included as a new and important appendix to the volume. Written by a renowned expert in the field, and analysing the various conventions relating to the arrest of ships in an article-by-article and paragraph manner, this book is a useful reference tool for practitioners, as well as academics and post-graduate students of maritime law.
1t gives me great pleasure as Chairman of the Section on Business Law to write a foreword to this, the second volume in a series of books on Maritime Law. Volume I dealt with 'Arrest of Vessels' and the remain ing subjects tobe covered are 'Mortgages of Vessels' and 'Registration of Vessels'. The first volume has proved most successful and many lawyers have testified to its practical value. I am certain that this second volume will have an equally warm welcome. The series is the inspiration of Lennart Hagberg, the Chairman of the Section on Business Law's Committee on Maritime and Transport Law. Both he, and the contributors to the series who are all members of that Committee, are busy practising lawyers, and it is only by making sacrifices that they have been able to add this additional task to their already heavy commitments. In particular, Lennart Hagberg's task as editor has involved an enormous amount of work and I am most grateful to him and bis fellow-contributors for all that they have done. May I wish this Book and those following it every success.
International Bar Association. Committee on Maritime and Transport Law
Author : International Bar Association. Committee on Maritime and Transport Law Publisher : Springer Page : 120 pages File Size : 16,98 MB Release : 1976 Category : Law ISBN :
It is with great pleasure that as Chairman of the Section on Business Law of the International Bar Association I write this foreword to a series of handbooks on maritime law which have been prepared by the Committee on Maritime and Transport Law of our Section. The first of these handbooks deals with 'Arrest of Vessels', the second with 'Enforced Sales of Vessels', the third with 'Registration of Vessels' and the fourth with 'Mortgages on Vessels'. I feel sure that they will all be valuable aids to international lawyers practising in the field of maritime law. These handbooks owe their conception to Mr. Lennart Hagberg of Gothenburg, Sweden, the Chairman of the Maritime and Transport Law Committee. Both he and the contributors to the series have put an enormous amount of work into the handbooks and devoted long hours to their preparation, hours which I feel sure they have borrowed with difficulty from their heavy commitments as busy practising lawyers. I am happy to think that our Section, which was formed only six years ago, is as its first ventures in the publishing field producing at the same time both these handbooks on maritime law and another on 'Contracts of Employment', which has been prepared by our Com mittee on Labour Law, under the chairmanship of Mr. Willard Z. Carr. Jr. of Los Angeles, California. May they be the forerunners of many more.