[PDF] The Construction Of Mutual Indemnities And Knock For Knock Clauses eBook

Author : Kristoffer Svendsen
Publisher : Taylor & Francis
Page : 337 pages
File Size : 39,88 MB
Release : 2023-03-15
Category : Law
ISBN : 1000834018

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This book examines contractual limitation, principles and practice through the use of knock-for-knock indemnity clauses. In using such clauses, the parties agree that for certain forms of potential liability – typically property damage, personal injury to employees, and sometimes other heads of claim such as consequential loss – any loss arising will be absorbed by the party who suffers it: "you look after your losses, I’ll look after mine." It is an apparently simple, pragmatic and neat solution to the question of who bears liability: a risk allocation model so straightforward that it was described by one experienced English judge, Honorable Mr. Justice Morison, as "crude". A specialist contributor team of international experts, examine the origin, application and effect of these clauses in important jurisdictions, their impact in different industries such as oil & gas, shipping, construction and insurance, through the lenses of both economic and legal analyses. The book is of use for lawyers, economists and businesspeople who draft, negotiates or manage contracts in all industries where liability is dealt with in this way. It is also of interest to students, academics, and policy makers.

Author : Simon Rainey
Publisher : Taylor & Francis
Page : 1220 pages
File Size : 44,66 MB
Release : 2017-12-12
Category : Law
ISBN : 1351364847

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Fully updated and revised to take into account the new BIMCO Supplytime 2017 contract with a detailed analysis of the changes since the Supplytime 2005 form and including a new analysis, for the first time, of the BIMCO Bargehire form, this is the only modern work on the law of towage and offshore vessel services. It gives a comprehensive and extensively researched account of the general law coupled with a detailed clause-by-clause commentary and analysis of all of the major standard contracts used in the international offshore, towage and heavylift sectors, comprising the BIMCO Towcon, Towhire, Supplytime and Heavylift forms, the full suite of BIMCO Wreck Removal forms and, now, also the BIMCO Bargehire form, as well as the ISU Salvcon and Salvhire forms. The Law of Tug and Tow and Offshore Contracts has rapidly established itself as a leading text and is written by, Simon Rainey QC, one of the foremost shipping practitioners with unrivalled experience in the field. Key reasons to buy The Law of Tug and Tow and Offshore Contracts, Fourth Edition • the only clause-by-clause commentary on all of the major standard form contracts used by the offshore industry • the only in-depth analysis of the drafting history of the BIMCO standard form offshore contracts, comparing the recent amended versions in their drafting context; • the only authoritative analysis of the case law and arbitration decisions affecting the towage and offshore industries • written from the perspective of a leading practitioner with unrivalled practical experience over many years of the contract forms and of the issues which arise under them (many of which are unreported) and involved in almost all of the leading cases and arbitrations in the field • written with an eye on the practicalities of how the contracts work given the everyday problems which arise in the industry, with guidance where the standard forms may require amendment

Author : André Pereira da Fonseca,
Publisher : Kluwer Law International B.V.
Page : 660 pages
File Size : 29,57 MB
Release : 2020-08-10
Category : Law
ISBN : 9403506857

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In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Author : Fabio Solimene
Publisher : Taylor & Francis
Page : 670 pages
File Size : 35,72 MB
Release : 2024-03-21
Category : Law
ISBN : 1003856470

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Presenting readers with all the need-to-know information on complex construction projects within a single publication, this book expertly focuses on practical issues whilst also providing insights on the law applying to construction projects. As well as exploring individual subjects such as the negotiation of a contract, the evaluation of a claim or assistance in relation to contractual disputes, the book also creates an overarching understanding of the entire life of a project. It presents an inside view on the various stages of complex projects, from the moment they are conceived to the end of the contractual relation between employer and contractor, including any disputes between the parties. The reader will become familiar with the terminology used in the construction industry, the various phases of complex construction projects, the law applying to each phase and the various deliverables produced by the parties throughout the project. While including sections on the law applying to each phase, the book’s primary focus is on the practical aspects faced on a daily basis by practitioners working in the construction industry. This book is important reading for professionals involved in construction law at every level, including relevant academics, government employees and lawyers. It will also serve as a useful book for students, providing a comprehensive overview of the many factors and phases of a complex construction project.

Author : Baris Soyer
Publisher : CRC Press
Page : 515 pages
File Size : 49,73 MB
Release : 2014-09-25
Category : Law
ISBN : 1317746120

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Written by a team of top academics and highly-experienced legal practitioners, this is a very complex area of law. It provides both a critical analysis on contemporary legal issues concerning offshore contracts, and an in-depth account of the numerous liability regimes inherently connected to offshore operations. Key features of Offshore Contracts and Liabilities: Detailed insight into contemporary legal issues concerning offshore contracts, including Supplytime and Heavycon In-depth analysis of the current liability regimes with clear reference to contemporary industry practice Thorough examination of the current state of the law from national, regional and international perspectives Up-to-date coverage of hot topics such as liability for offshore installations, knock-for knock agreements in offshore contracts and recently-developed new standard forms, such as Windtime. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide

Author : Baris Soyer
Publisher : CRC Press
Page : 652 pages
File Size : 37,58 MB
Release : 2014-09-25
Category : Law
ISBN : 1317746112

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Written by a team of top academics and highly-experienced legal practitioners, this is a very complex area of law. It provides both a critical analysis on contemporary legal issues concerning offshore contracts, and an in-depth account of the numerous liability regimes inherently connected to offshore operations. Key features of Offshore Contracts and Liabilities: Detailed insight into contemporary legal issues concerning offshore contracts, including Supplytime and Heavycon In-depth analysis of the current liability regimes with clear reference to contemporary industry practice Thorough examination of the current state of the law from national, regional and international perspectives Up-to-date coverage of hot topics such as liability for offshore installations, knock-for knock agreements in offshore contracts and recently-developed new standard forms, such as Windtime. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide

Author : Günther Handl
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 43,48 MB
Release : 2019
Category : Law
ISBN : 1786436744

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This book addresses the international legal dimension of the management of the risk of accidents associated with offshore oil and gas activities. It focuses on the prevention and minimization of harm as well as the post-accident management of loss through liability and compensation arrangements and the processing of mass claims for compensation. Government officials of countries with offshore industries, international civil servants and academics in related fields will find the book a valuable resource.

Author : Barış Soyer
Publisher : Taylor & Francis
Page : 445 pages
File Size : 18,14 MB
Release : 2018-10-10
Category : Law
ISBN : 135102812X

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Maritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 13th International Colloquium at Swansea Law School in September 2017. Written by a combination of top academics and highly-experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding maritime liabilities. The book is set out in two parts: - Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities - Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.