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Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - THE LAW OF SHIPBUILDING CONTRACTS

THE LAW OF SHIPBUILDING CONTRACTS by Simon Curtis, M.A., B.C.L., Partner, Watson, Farley & Williams, London. Lloyd’s of London Press, London (1991, xxii and 218 pp., plus 205 pp. Appendices and 6 pp. Index). Hardback £78.
In this book the author analyses a leading form of shipbuilding contract, the Japanese SAJ form. Individual clauses of SAJ are taken in numerical order with appended abstracts of English law where relevant. For example, when he comes to the right of assignment (Art. XIV), there is a succinct outline of the principles of assignment under English law. Nonetheless, he does not go very far from the bounds of the shipbuilding yard: in relation to force majeure, for example, there is some reference to cases in other contexts, but these are sensibly few, as the number reported is now large.
As to the choice of English law, the author claims in his Preface that, although originally providing for a choice of local law and jurisdiction, standard forms are frequently altered to include an express choice of English law and London arbitration. So, the book concentrates largely on the form as seen by English law, a somewhat “traditional” view of the post-Maastricht legal world. Although the author appears to have overlooked that Okura & Co. Ltd. v. Navara Shipping Corp. S.A [1981] 1 Lloyd’s Rep. 561 was affirmed [1982] 2 Lloyd’s Rep. 537, the range of cases mentioned is extensive, running from the iron age of shipbuilding down to Walford v. Miles [1992] 2 W.L.R. 174, an important decision of the House of Lords on general principles of contracting, which was the subject of a newspaper report only days before the book itself went to press.
The author, a London solicitor, evidently brings a wealth of practical experience of shipbuilding contracts to the subject and places bare legal rules, which might otherwise be misleading, in true contextual perspective. His discussion and assessment of the contract provisions is much more than merely descriptive or even explanatory; it is a detailed, thoughtful and critical commentary to a degree which, as regards the clauses of shipbuilding contracts, is not to be found in other publications. This book is an essential work of reference for those concerned with shipbuilding contracts.

Malcolm Clarke

Fellow of St John’s College, Cambridge.


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