Shipping Law Handbook

Michael Bundock

Document

Page 1121

Index

Admiralty jurisdiction

Channel Islands, Isle of Man and colonies, –

generally, –

introduction,

mode of exercise, –

restrictions on actions in personam, –

supplementary provisions,

Advance freight

insurance,

Anchored vessels

lights and shapes,

Applicable law

absence of choice

Rome Convention, –

Rome I Regulation, –

burden of proof

Rome Convention,

Rome I Regulation,

consent,

consumer contracts

Rome Convention,

Rome I Regulation, –

Contracts (Applicable Law) Act 1990

Conventions to have force of law, –

Crown application,

disapplication where rules of Rome I Regulation apply, –

interpretation of Conventions,

revision of Conventions,

Rome Convention, –

text, –

contracts of carriage,

employment contracts

Rome Convention, –

Rome I Regulation,

formal validity

Rome Convention,

Rome I Regulation,

freedom of choice

Rome Convention,

Rome I Regulation,

habitual residence,

incapacity

Rome Convention,

Rome I Regulation,

insurance contracts, –

introduction, , –

mandatory rules of law

Rome Convention,

Rome I Regulation,

material validity

Rome Convention,

Rome I Regulation,

multiple liability,

ordre public

Rome Convention,

Rome I Regulation,

public policy

Rome Convention,

Rome I Regulation,

renvoi, exclusion of

Rome Convention,

Rome I Regulation,

Rome Convention

generally, –

parties, –

Protocol,

text, –

Rome I Regulation

generally, –

text, –

scope of applicable law

Rome Convention,

Rome I Regulation,

set-off,

subrogation

Rome Convention,

Rome I Regulation, –

voluntary assignment

Rome Convention,

Rome I Regulation, –

Apportionment

collision, –

insurance, –

salvage

by court,

by receiver,

generally,

Arbitration

appointment of arbitrators

failure of appointment procedure,

number of arbitrators,

power to appoint sole arbitrator in case of default,

procedure, –

Page 1122

arbitral proceedings

concurrent hearings,

consolidation of proceedings,

general duty of parties, ,

general duty of tribunal, ,

general powers exercisable by tribunal, –

legal or other representation,

overview of tribunal’s powers,

power to appoint experts, legal advisers or assessors,

powers of tribunal in case of party’s default,

procedural and evidential matters, –

provisional awards,

Arbitration Act 1996

background,

overview, –

text, –

arbitration agreements

definition,

discharge by death of party,

separability,

writing, –

arbitrators

appointment, –

chairman, –

court to have regard to agreed qualifications,

death of arbitrator or appointing party,

decision-making where no chairman or umpire,

filling of vacancies,

immunity,

introduction,

liability of parties for arbitrators’ fees and expenses,

number,

removal by court, –

resignation,

revocation of authority,

umpire,

assessors,

awards

additional awards,

appeal on point of law, ,

challenges, –

correction,

date,

different issues, –

effect,

enforcement, –, –

extension of time for making award,

form,

interest,

notification,

place where award treated as made,

provisional awards,

remedies,

rules applicable to substance of dispute,

settlement, –

withholding in case of non-payment, –

chairman, –

challenges to awards

appeal on point of law, ,

serious irregularity, –

substantive jurisdiction,

charge to secure payment of solicitors’ costs,

commencement

application of Limitation Acts,

court’s power to extend time limit,

generally,

common law, matters governed by,

concurrent hearings,

consolidation of proceedings,

consumer arbitration agreements,

costs

agreement to pay costs in any event,

awards of costs,

effect of agreement or award about costs,

generally,

limitation of recoverable costs,

overview,

recoverable costs,

recoverable fees and expenses of arbitrators,

County Court

jurisdiction, –

small claims arbitration,

court’s powers (arbitral proceedings)

determination of preliminary points of law,

enforcement of peremptory orders of tribunal,

extension of time limits,

overview,

powers exercisable in support of arbitral proceedings, –

removal of arbitrators, –

securing attendance of witnesses,

service of documents, –

court’s powers (awards)

appeal on point of law, ,

challenges to awards, –

effect of order of court,

enforcement of awards, –, –

supplementary provisions, –

death of arbitrator or appointing party,

domestic arbitration agreements

exclusion of court’s jurisdiction,

modification of Part I, –

power to repeal or amend ss. –,

stay of legal proceedings,

enforcement of awards

court’s powers, –

Geneva Convention awards,

introduction, –

New York Convention awards, –

evidential matters, –

experts,

general duty of tribunal, ,

general principles,

Geneva Convention awards, –,

High Court jurisdiction, –

immunity of arbitral institutions,

interest on awards,

introduction,

judge-arbitrators, –, –

Page 1123

jurisdiction of courts, –

jurisdiction of tribunal

competence to rule on own jurisdiction,

determination of preliminary point,

objections to substantive jurisdiction, –

legal advisers,

legal or other representation,

LMAA arbitration

generally, –

LMAA Fast and Low Cost Arbitration (FALCA) Rules 1996, –

LMAA Intermediate Claims Procedure 2012, –

LMAA Intermediate Claims Procedure 2017, –

LMAA Mediation Terms 2002, –

LMAA Small Claims Procedure 2012, –

LMAA Small Claims Procedure 2017, –

LMAA Terms 2012, –

LMAA Terms 2017, –

LMAA/Baltic Exchange Mediation Terms 2009, –

loss of right to object, –

mandatory provisions, , ,

New York Convention 1958

parties, –

text, –

New York Convention awards

evidence, –

generally, –,

refusal of recognition/enforcement,

saving for other bases of recognition/enforcement,

non-mandatory provisions,

notice in connection with legal proceedings, –

number of arbitrators,

object,

parties’ general duty, ,

procedural matters, –

provisional awards,

removal of arbitrators, –

requirements in connection with legal proceedings, –

resignation of arbitrators,

rights of persons taking no part in proceedings,

salvage

introduction,

Lloyd’s Standard Salvage and Arbitration Clauses, –

publication of awards,

seat of arbitration,

service of documents

court’s powers, –

generally,

small claims

County Court arbitration,

LMAA Small Claims Procedure 2012, –

LMAA Small Claims Procedure 2017, –

statutory arbitrations, –

stay of legal proceedings

domestic arbitration agreements,

generally,

reference of interpleader issue to arbitration,

retention of security where Admiralty proceedings stayed,

time limits

commencement of arbitration, –

court’s power to extend,

reckoning periods of time,

tribunal’s powers

appointment of experts, legal advisers or assessors,

default of party,

general powers, –

overview,

procedural and evidential matters, –

umpire,

Arrest

Arrest Convention 1952

parties, –

text, –

exercise of right of arrest,

International Convention on Arrest of Ships 1999

generally,

parties,

text, –

introduction, –

jurisdiction on merits of the case,

maritime liens,

multiple arrest,

powers of arrest,

protection of owners and demise charterers,

rearrest,

release from arrest, –

security for claims, ,

Asbatankvoy Charterparty

text, –

Athens Convention 1974

annexes, –

application within British Islands,

Convention to have force of law, ,

Domestic Carriage Order 1987,

generally,

IMO reservation and guidelines, –

parties, –

Protocol 2002,

provisions having effect in connection with Convention, –

text, –

United Kingdom Carriers Order 1998, –

Baltime 1939 Charterparty

text, –

Barecon 2017 Charterparty

text, –

Bills of lading

cargo claims

contents of bill, –

evidentiary effect of bill, ,

issue of bill,

reservations,

forms

Combiconbill 1995, –

Combiconbill 2016, –

Congenbill 1994, –

Congenbill 2007, –

Congenbill 2016, –

Page 1124

Conlinebill 2000, –

Conlinebill 2016, –

Conlinebooking 2000, –

Conlinebooking 2016, –

introduction,

Multidoc 2016, –

United States

bill as prima facie evidence,

contents of bill, –

generally,

“shipped” bill of lading,

Booking notes

Conlinebooking 2000, –

Conlinebooking 2016, –

introduction,

Bottomry

insurance,

Boxtime 2004 Charterparty

text, –

BPTIME 3 Charterparty

text, –

BPVOY 5 Charterparty

text, –

Brussels Limitation Convention 1957

generally,

parties, –

SDR Protocol 1979, –

text, –

Brussels Regulation (Recast)

enforcement of judgments

generally, –,

refusal of enforcement,

generally, –

jurisdiction

consumer contracts, –

employment contracts,

examination as to jurisdiction and admissibility, –

exclusive jurisdiction, –

general provisions,

insurance-related matters, –

lis pendens, –

prorogation of jurisdiction,

provisional/protective measures,

related actions, –

special jurisdiction, –

recognition of judgments

generally, ,

refusal of recognition, –

text, –

Bunker Pollution Convention 2001

generally,

parties, –

text, –

Canal authorities

limitation of liability, ,

Cargo claims

absolute warranty of seaworthiness not to be implied,

bills of lading

contents, –

evidentiary effect,

issue,

reservations,

British possessions, –

Carriage of Goods by Sea Act 1971

generally,

text, –

Carriage of Goods by Sea Act 1992

generally,

text, –

carrier’s liability

actual carrier,

basis of liability, –

deck cargo, –

limits of liability,

loss of right to limit responsibility,

non-contractual claims,

period of responsibility,

through carriage,

carriers’ obligations, –

claims and actions

arbitration, –

jurisdiction,

limitation of actions, –

notice of loss, damage or delay,

contractual stipulations,

conversion of SDRs into sterling,

dangerous goods,

evidential value of bills of lading,

general average,

guarantees by shipper, –

Hague Rules

English law,

generally, –

outline, –

parties, –

text, –

Hague-Visby Rules

generally, –

parties, –

Parties to Convention Order 1985,

SDR Protocol,

Hamburg Rules

common understanding,

generally, –

outline, –

parties, –

text, –

introduction,

jurisdiction,

limitation of actions, –

notice of loss, damage or delay,

Rotterdam Rules,

shipper’s liability

dangerous goods,

general rule, –

shipping documents

introduction,

liabilities,

Page 1125

representations in bills of lading,

rights, –

title to sue, –

transport documents

bills of lading, –

documents other than bill of lading,

guarantees by shipper, –

unit of account

generally,

revision, –

United States

Carriage of Goods by Sea Act 1936, –

generally, –

Carriage of Goods by Sea Act 1971

generally,

text, –

Carriage of Goods by Sea Act 1992

generally,

text, –

Change of voyage

insurance,

Charterparties

forms

Asbatankvoy, –

Baltime 1939, –

Barecon 2017, –

Boxtime 2004, –

BPTIME , –

BPVOY , –

Gencon 1976, –

Gencon 1994, –

introduction,

LNGVOY, –

NYPE 1946, –

NYPE 1993, –

NYPE 2015, –

ShellLNGTime , –

Shelltime , –

Shellvoy , –

Civil Jurisdiction and Judgments Act 1982

bar on further proceedings on same cause of action,

Channels Islands, Isle of Man and colonies,

domicile

corporations and associations, –,

Crown, –

deemed domicile, –,

individuals, –,

trusts, ,

general provisions, –

implementation of Conventions, –

interim relief and protective measures, –

overseas judgments given in breach of settlement agreement,

savings for powers to stay, assist, strike out or dismiss proceedings,

seat of corporations and associations, –

security in case of stay,

steps not amounting to submission to jurisdiction of overseas court,

transitional provisions,

Civil Liability Convention 1969

generally,

parties, –

text, –

Collision

apportionment of liability, –

civil liability,

Collision Convention 1910

generally,

parties, –

text, –

Collision Convention 1952

generally,

parties, –

text, –

Collision Convention 1972

generally,

text, –

Collision Regulations 1972

application,

generally,

outline, –

text, –

conduct of vessels in any condition of visibility

action to avoid collision,

look-out,

narrow channels, –

risk of collision,

safe speed, –

traffic separation schemes,

conduct of vessels in restricted visibility, –

conduct of vessels in sight of one another

action by give-way vessel,

action by stand-on vessel,

crossing situation,

head-on situation,

overtaking,

responsibilities between vessels,

sailing vessels,

contribution,

criminal liability,

death,

detention of ships,

distress signals, –, ,

exemptions, ,

in personam actions, restrictions on, –

introduction,

joint and several liability,

lights and shapes

anchored vessels,

application,

definitions,

exemptions,

fishing vessels, –,

pilot vessels,

positioning, –

power-driven vessels underway,

restricted manoeuvrability vessels, –

sailing vessels underway,

seaplanes,

technical details, –

Page 1126

towing and pushing, –

vessels aground,

vessels constrained by draught,

vessels not under command, –

vessels underoars,

visibility of lights, –

Merchant Shipping Act 1995

generally,

text, –

Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996

generally,

text, –

Merchant Shipping Notice, , –

penalties,

personal injury,

responsibility,

restricted visibility

conduct of vessels, –

sound signals,

sound and light signals

definitions, –

distress signals,

equipment for sound signals,

exemptions,

manoeuvring and warning signals,

signals to attract attention,

sound signals in restricted visibility,

technical details, –

steering and sailing rules

conduct of vessels in any condition of visibility, –

conduct of vessels in restricted visibility, –

conduct of vessels in sight of one another, –

time limit for proceedings, –

verification of compliance with Convention provisions, –

Combiconbill

Combiconbill 1995, –

Combiconbill 2016, –

Combined transport documents

Combiconbill 1995, –

Combiconbill 2016, –

introduction,

Multidoc 2016, –

Congenbill

Congenbill 1994, –

Congenbill 2007, –

Congenbill 2016, –

Conlinebooking

Conlinebooking 2000, –

Conlinebooking 2016, –

Conservancy authorities

limitation of liability, ,

Constructive total loss

insurance,

Consumer contracts

applicable law

Rome Convention,

Rome I Regulation, –

jurisdiction

Brussels Regulation (Recast), –

Lugano Convention, –

Contingent interests

insurance,

Contracts (Applicable Law) Act 1990

Conventions to have force of law, –

Crown application,

disapplication where rules of Rome I Regulation apply, –

interpretation of Conventions,

revision of Conventions,

Rome Convention, –

text, –

Contribution

collision,

insurance,

Criminal offences

collision, ,

oil pollution

prosecution and enforcement of fines, –

shipping casualties,

waste reception facilities at harbours,

CRISTAL

oil pollution,

Crossing situation

avoidance of collision,

Death

arbitrator or appointing party,

collision,

limitation of liability,

Defeasible interests

insurance,

Delay in voyage

insurance,

Detention of ships

see also Arrest

collision,

oil pollution, –

uninsured ships

arbitration on questions of detention,

compensation for unjustified detention,

generally, –

Deviation from voyage

insurance, ,

Discharge of oil

acts done in exercise of harbour authorities’ powers, –

authorisation under other enactments,

defences,

duty to report discharge,

generally, –

restrictions on transfer of oil at night,

Distress signals

avoidance of collision, –, ,

Dock authorities

limitation of liability, ,

Domestic carriage

limitation of liability, ,

Page 1127

Domicile
- corporations and associations, –,
- Crown, –
- deemed domicile, –,
- individuals, –,
- trusts, ,

Drilling units

salvage,

Duty of fair presentation

see Marine insurance

Employment contracts

applicable law

Rome Convention, –

Rome I Regulation,

jurisdiction

Brussels Regulation (Recast),

Lugano Convention, –

Enforcement of judgments

see Recognition and enforcement of judgments

Exclusive jurisdiction

Brussels Regulation (Recast), –

Lugano Convention,

FALCA Rules

LMAA arbitration, –

Fire

damage to valuables on British ships,

Fishing vessels

lights and shapes, –,

Floating policies

insurance, –

Formal validity of contract

Rome Convention,

Rome I Regulation,

Forms

see Standard forms and under specific subjects

Forum non conveniens

jurisdiction, –

Fraudulent insurance claims

generally, –

Fund Convention 1971

oil pollution,

Fund Convention 1992

generally, –

parties, –

Supplementary Fund Protocol 2003

generally,

parties, –

text, –

text, –

tonnage,

Gencon Charterparty

Gencon 1976, –

Gencon 1994, –

General average

cargo claims,

generally,

insurance

general average contributions,

general average loss,

United States,

York-Antwerp Rules

1974 Rules, –

1994 Rules, –

2004 Rules, –

2016 Rules, –

Give-way vessel

avoidance of collision,

Government ships

oil pollution, ,

salvage,

wreck removal,

Guarantees

cargo claims, –

salvage

generally, –,

Salvage Guarantee Form ISU , –

Salvage Guarantee Form ISU , –

Salvage Guarantee Form ISU , –

Salvage Guarantee Form ISU , –

Habitual residence

applicable law,

Hague Rules

English law,

generally, –

outline, –

parties, –

text, –

Hague-Visby Rules

generally, –

parties, –

Parties to Convention Order 1985,

SDR Protocol,

Hamburg Rules

common understanding,

generally, –

outline, –

parties, –

text, –

Harbour authorities

limitation of liability, ,

Head-on situation

avoidance of collision,

High Court jurisdiction

Admiralty jurisdiction, –

Channel Islands, Isle of Man and colonies, –

general jurisdiction,

mode of exercise of Admiralty jurisdiction, –

prize jurisdiction,

restrictions on actions in personam, –

supplementary provisions as to Admiralty jurisdiction,

Hull clauses

see Marine insurance

Humanitarian cargoes

salvage,

Institute Clauses

see Marine insurance

Page 1128

Insurance
- see Marine insurance
Inter-Club New York Produce Exchange Agreement 1996
- text, –

Inter-Club New York Produce Exchange Agreement 1996 (amended 2011)

text, –

Interest

arbitration awards,

judgments,

salvage,

Interim relief

absence of substantive proceedings, –

Brussels Regulation (Recast),

cases of doubtful jurisdiction,

Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997,

English law, –,

introduction,

Lugano Convention,

International Convention on Arrest of Ships 1999

generally,

parties,

text, –

International Oil Pollution Compensation Fund

see Oil pollution

ISU forms

see Salvage

Jurisdiction

Admiralty jurisdiction of High Court

Channel Islands, Isle of Man and colonies, –

generally, –

introduction,

mode of exercise, –

restrictions on actions in personam, –

supplementary provisions,

Brussels Regulation (Recast)

consumer contracts, –

employment contracts,

examination as to jurisdiction and admissibility, –

exclusive jurisdiction, –

general provisions,

insurance-related matters, –

introduction, –

lis pendens, –

prorogation of jurisdiction,

provisional/protective measures,

related actions, –

special jurisdiction, –

text, –

Channel Islands, –

Collision Convention 1952

introduction,

parties, –

text, –

colonies, –

consumer contracts

Brussels Regulation (Recast), –

Lugano Convention, –

employment contracts

Brussels Regulation (Recast),

Lugano Convention, –

examination as to jurisdiction and admissibility

Brussels Regulation (Recast), –

Lugano Convention,

exclusive jurisdiction

Brussels Regulation (Recast), –

Lugano Convention,

forum non conveniens, –

general jurisdiction of High Court,

generally, –

High Court

Admiralty jurisdiction, –

Channel Islands, Isle of Man and colonies, –

general jurisdiction,

mode of exercise of Admiralty jurisdiction, –

prize jurisdiction,

restrictions on actions in personam, –

supplementary provisions as to Admiralty jurisdiction,

in personam actions, restrictions on, –

insurance-related matters

Brussels Regulation (Recast), –

Lugano Convention, –

Isle of Man, –

lis pendens

Brussels Regulation (Recast), –

Lugano Convention, –

Lugano Convention 2007

annexes, –

consumer contracts, –

employment contracts, –

examination as to jurisdiction and admissibility,

exclusive jurisdiction,

general provisions as to jurisdiction, –

insurance-related matters, –

introduction, –

lis pendens, –

parties,

prorogation of jurisdiction, –

Protocols, –

provisional/protective measures,

related actions, –

relationship with Brussels I Regulation, –

special jurisdiction, –

text, –

prize jurisdiction of High Court,

prorogation of jurisdiction

Brussels Regulation (Recast),

Lugano Convention, –

provisional/protective measures

Brussels Regulation (Recast),

Lugano Convention,

related actions

Brussels Regulation (Recast), –

Lugano Convention, –

Senior Courts Act 1981, –

special jurisdiction

Brussels Regulation (Recast), –

Lugano Convention, –

Page 1129

Liability Convention 1992
- generally, –
- parties, –
- text, –

Liens

see Maritime liens

Lights and shapes

anchored vessels,

application,

definitions,

exemptions,

fishing vessels, –,

pilot vessels,

positioning, –

power-driven vessels underway,

restricted manoeuvrability vessels, –

sailing vessels underway,

seaplanes,

technical details, –

towing and pushing, –

vessels aground,

vessels constrained by draught,

vessels not under command, –

vessels underoars,

visibility of lights, –

Limitation Convention 1976

Convention to have force of law,

generally,

parties, –

Protocol,

provisions having effect in connection with Convention, –

provisions omitted from 1995 Act, –

text, –

Limitation of liability (cargo claims)

Hague Rules

English law,

generally, –

outline, –

parties, –

text, –

Hague-Visby Rules

generally, –

parties, –

Parties to Convention Order 1985,

SDR Protocol,

Hamburg Rules

common understanding,

generally, –

outline, –

parties, –

text, –

introduction,

Limitation of liability (maritime claims)

Brussels Convention 1957

generally,

parties, –

SDR Protocol 1979, –

text, –

canal authorities, ,

carriage of passengers and luggage by sea, –

conservancy authorities, ,

Crown application,

dock authorities, ,

domestic carriage, ,

fire damage to valuables on British ships,

harbour authorities, ,

insurance

arbitration on questions of detention,

certificates,

compensation for unjustified detention,

detention of ship, –

fees,

issue of certificates, –

penalties,

provision of information to passengers,

requirement to have insurance,

review of regulations,

introduction, –

Limitation Convention 1976

Convention to have force of law,

generally,

parties, –

Protocol,

provisions having effect in connection with Convention, –

provisions omitted from 1995 Act, –

text, –

limitation fund, –

limits of liability, –

Merchant Shipping Act 1995

generally,

text, –

Merchant Shipping (Carriage of Passengers by Sea) Regulations 2012, –

pilotage, ,

right of limitation, –

salvors, –

SDR Protocol 1979

generally,

parties, –

text, –

shipowners, –

UK carriers, –

Limitation of liability (oil pollution claims)

concurrent liabilities of owners and others,

establishment of limitation fund outside UK,

generally, –,

introduction,

limitation actions, –

restrictions on enforcement after establishment of limitation fund, –

specified damage to property,

Limitation of liability (passenger claims)

advance payment,

aggregation of claims,

amendment of limits, –

Athens Convention 1974

annexes, –

application within British Islands,

Convention to have force of law, ,

Domestic Carriage Order 1987,

generally,

IMO reservation and guidelines, –

parties, –

Page 1130

Protocol 2002,

provisions having effect in connection with Convention, –

text, –

United Kingdom Carriers Order 1998, –

basis for claims,

carriers’ servants,

commercial carriage by public authorities,

compensation in respect of mobility or other specific equipment,

contributory fault,

conversion,

death,

EU Regulation 2009

introduction,

relevant provisions of Athens Convention, –

text, –

global limitation on liability,

IMO reservation and guidelines, –

information to passengers, –

insurance

Athens Convention, –,

EU Regulation 2009,

introduction,

invalidity of contractual provisions,

liability of carrier, –

limit of liability

amendment of limits, –

death and personal injury,

loss or damage to luggage and vehicles,

supplementary provisions,

loss of right to limit liability,

loss or damage to luggage and vehicles,

Merchant Shipping Act 1995

generally,

text, –

notice of loss or damage to luggage, –

nuclear damage,

performing carrier,

personal injury,

time-bar for actions,

unit of account,

valuables,

Lis pendens

Brussels Regulation (Recast), –

Lugano Convention, –

Lloyd’s forms

Lloyd’s Marine Policy (MAR 91), , –

salvage

Lloyd’s Open Form 2000,

Lloyd’s Open Form 2011, –

Lloyd’s Procedural Rules, –

Lloyd’s Standard Salvage and Arbitration Clauses, , –

LMAA arbitration

generally, –

LMAA Fast and Low Cost Arbitration (FALCA) Rules 1996, –

LMAA Intermediate Claims Procedure 2012, –

LMAA Intermediate Claims Procedure 2017, –

LMAA Mediation Terms 2002, –

LMAA Small Claims Procedure 2012, –

LMAA Small Claims Procedure 2017, –

LMAA Terms 2012, –

LMAA Terms 2017, –

LMAA/Baltic Exchange Mediation Terms 2009, –

LNGVOY Charterparty

text, –

London Maritime Arbitrators Association

see LMAA arbitration

Look-outs

avoidance of collision,

Lugano Convention 2007

annexes, –

enforcement of judgments, –

generally, –

jurisdiction

consumer contracts, –

employment contracts, –

examination as to jurisdiction and admissibility,

exclusive jurisdiction,

general provisions as to jurisdiction, –

insurance-related matters, –

lis pendens, –

prorogation of jurisdiction, –

provisional/protective measures,

related actions, –

special jurisdiction, –

parties,

Protocols, –

recognition of judgments, –, –

relationship with Brussels I Regulation, –

text, –

Luggage

carriage of passengers and luggage by sea, –

loss or damage,

notice of loss or damage, –

Mandatory rules of law

Rome Convention,

Rome I Regulation,

Manoeuvring signals

avoidance of collision,

Marine insurance

abandonment, notice of, –

actual total loss,

advance freight,

alteration of port of departure,

applicable law, –

apportionment of valuation, –

assignment of interest,

assignment of policy, ,

bottomry,

cargo clauses

Institute Cargo Clauses (A), –

Institute Cargo Clauses (B), –

Institute Cargo Clauses (C), –

change of voyage,

charges of insurance,

commencement of risk,

Page 1131

conclusion of contract,

constructive total loss,

contingent interests,

contracting out, –

contribution,

defeasible interests,

definition,

delay in voyage,

deviation from voyage, ,

different destination, sailing for,

discharge from liability,

disclosure,

double insurance,

duty of fair presentation

application and interpretation,

generally, –

knowledge (general),

knowledge of insured,

knowledge of insurer, –

remedies for breach, , –

supplementary provisions,

extent of insurer’s liability, –

failure of consideration,

floating policies, –

forms

generally,

Institute Cargo Clauses (A), –

Institute Cargo Clauses (B), –

Institute Cargo Clauses (C), –

Institute Strikes Clauses (Cargo)

Institute Time Clauses Hulls, –

Institute Time Clauses Hulls (Restricted Perils), –

Institute Voyage Clauses Hulls 1983, –

Institute Voyage Clauses Hulls 1995, –

Institute War and Strikes Clauses (Hulls – Time), –

Institute War and Strikes Clauses (Hulls – Voyage), –

Institute War Clauses (Cargo), –

International Hull Clauses, –

International Underwriting Association Marine Policy, –

Lloyd’s Marine Policy (MAR 91), , –

fraudulent claims, –

general average contributions,

general average loss,

good faith, ,

hull clauses

Institute Time Clauses Hulls, –

Institute Time Clauses Hulls (Restricted Perils), –

Institute Voyage Clauses Hulls 1983, –

Institute Voyage Clauses Hulls 1995, –

Institute War and Strikes Clauses (Hulls – Time), –

Institute War and Strikes Clauses (Hulls – Voyage), –

International Hull Clauses, –

implied obligations varied by agreement or usage, –

Institute Clauses

generally,

Institute Cargo Clauses (A), –

Institute Cargo Clauses (B), –

Institute Cargo Clauses (C), –

Institute Strikes Clauses (Cargo)

Institute Time Clauses Hulls, –

Institute Time Clauses Hulls (Restricted Perils), –

Institute Voyage Clauses Hulls 1983, –

Institute Voyage Clauses Hulls 1995, –

Institute War and Strikes Clauses (Hulls – Time), –

Institute War and Strikes Clauses (Hulls – Voyage), –

Institute War Clauses (Cargo), –

insurable interests

advance freight,

assignment of interest,

avoidance of wagering/gaming contracts,

bottomry,

charges of insurance,

contingent interests,

defeasible interests,

definition, –

master’s and seamen’s wages,

partial interests,

quantum of interest,

reinsurance,

when interest must attach,

insurable value,

Insurance Act 2015

generally, –

text, –

insurer’s right of recovery,

International Underwriting Association Marine Policy, –

interpretation of policy terms, , –

introduction, –

jurisdiction

Brussels Regulation (Recast), –

Lugano Convention, –

late payment of claims, –

Lloyd’s Marine Policy (MAR 91), , –

loss, –

marine adventure,

Marine Insurance Act 1906

generally, –

text, –

maritime claims

arbitration on questions of detention,

certificates,

compensation for unjustified detention,

detention of ship, –

fees,

issue of certificates, –

penalties,

provision of information to passengers,

requirement to have insurance,

review of regulations,

maritime perils,

master’s and seamen’s wages,

Page 1132

measure of indemnity

apportionment of valuation, –

extent of insurer’s liability, –

general average contributions,

general provisions,

liabilities to third parties,

partial loss,

particular average warranties,

salvage charges,

successive losses,

suing and labouring clause,

total loss,

missing ship,

mixed sea and land risks,

mutual insurance,

oil pollution

bunker oil, –

generally, –

issue of certificates,

third party rights against insurers,

partial interests,

partial loss

generally, ,

measure of indemnity,

particular average loss,

particular average warranties,

passenger claims

Athens Convention, –,

EU Regulation 2009,

policy

assignment, ,

contract must be embodied in policy,

designation of subject matter,

floating policies, –

form, , –

interpretation of terms, , –

introduction,

matters to be specified,

premium to be arranged,

signature of insurer,

unvalued policies,

valued policies,

voyage and time policies,

premium

generally, , –

return, –

quantum of interest,

ratification by assured,

reasonable time,

receipt for premium,

recovery under the policy,

reinsurance,

representations,

return of premium, –

rights of insurer on payment,

salvage charges, ,

several ports of discharge, –

slip as evidence,

strikes clauses

Institute Strikes Clauses (Cargo)

Institute War and Strikes Clauses (Hulls – Time), –

Institute War and Strikes Clauses (Hulls – Voyage), –

subrogation,

successive losses,

suing and labouring clause,

third parties, liabilities to,

third party rights against insurers

application,

conditions affecting transferred rights,

corporate bodies, –, –

enforcement of insured’s liability, –

enforcement of transferred rights,

establishing liability, –

individuals,

individuals dying insolvent,

insurer’s right of set-off,

introduction, –

limit on rights transferred,

provision of information, , –

Scottish trusts, –

supplemental provisions, –, –

transfer of rights to third parties, –

time clauses

Institute Time Clauses Hulls, –

Institute Time Clauses Hulls (Restricted Perils), –

time policies,

total loss

actual total loss,

constructive total loss,

generally,

transhipment, –

transparency requirements,

underinsurance,

unvalued policies,

utmost good faith

abolition of rule,

generally,

valued policies,

void and voidable policies, –

voyage, –

voyage clauses

Institute Voyage Clauses Hulls 1983, –

Institute Voyage Clauses Hulls 1995, –

voyage policies,

wagering/gaming contracts, avoidance of,

war clauses

Institute War and Strikes Clauses (Hulls – Time), –

Institute War and Strikes Clauses (Hulls – Voyage), –

Institute War Clauses (Cargo), –

warranties

Insurance Act 2015,

Marine Insurance Act 1906, –

wreck removal

cancellation of certificates,

compulsory insurance or financial security, –

detention of ships,

electronic certificates,

failure to insure,

Page 1133

generally, –

issue of certificates,

production of certificates,

third party rights against insurers, –

Maritime liens

arrest, ,

salvage,

Material validity

Rome Convention,

Rome I Regulation,

Mediation

LMAA Mediation Terms 2002, –

LMAA/Baltic Exchange Mediation Terms 2009, –

Merchant Shipping Act 1995

collision

generally,

text, –

limitation of liability (maritime claims)

generally,

text, –

limitation of liability (passenger claims)

generally,

text, –

oil pollution

generally, –

text, –

salvage, –

Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996

generally,

text, –

Merchant Shipping Notice

collision, , –

Multidoc 2016

text, –

Multimodal transport documents

Combiconbill 1995, –

Combiconbill 2016, –

introduction,

Multidoc 2016, –

Narrow channels

avoidance of collision, –

New York Convention 1958

parties, –

recognition and enforcement of awards

evidence, –

generally, –,

New York Convention awards,

refusal of recognition/enforcement,

saving for other bases of recognition/enforcement,

text, –

Norwegian Saleform

Norwegian Saleform 1993, –

Norwegian Saleform 2012, –

NYPE Charterparty

NYPE 1946, –

NYPE 1993, –

NYPE 2015, –

Offences

collision, ,

oil pollution

prosecution and enforcement of fines, –

shipping casualties,

waste reception facilities at harbours,

Oil pollution

annual reports,

Bunker Pollution Convention 2001

generally,

parties, –

text, –

Civil Liability Convention 1969

generally,

parties, –

text, –

conventions, –

CRISTAL,

detention of ships, –

discharge of oil from ships

acts done in exercise of harbour authorities’ powers, –

authorisation under other enactments,

defences,

duty to report discharge,

generally, –

restrictions on transfer of oil at night,

enforcement

application of fines,

conventions relating to oil pollution, –

detention of ships, –

oil records, –

prosecution and enforcement of fines, –

exemptions, power to grant,

foreign judgments, registration of, –

Fund Convention 1971,

Fund Convention 1992

generally, –

parties, –

Supplementary Fund Protocol 2003, , –

text, –

tonnage,

Government ships, ,

insurance

generally, –

issue of certificates,

pollution from bunker oil, –

third party rights against insurers,

International Oil Pollution Compensation Fund

compensation, –

contributions, –

definitions,

effect of judgments, –

extinguishment of claims,

Fund Convention 1992, –

interpretation provisions, –

jurisdiction, –

liability of Fund, –

liability of Supplementary Fund, , –

limitation of liability of Fund, –,

limitation of liability of Supplementary Fund, –

power to obtain information, –

Page 1134

proceedings involving Fund,

subrogation, –

Supplementary Fund Protocol 2003, –

transitional provisions,

introduction, –

jurisdiction of UK courts, –

liability

bunker oil, –

compulsory insurance, –

concurrent liabilities of owners and others,

defences, –

definitions,

exceptions,

extinguishment of claims,

limitation of liability, , –

limitation periods,

other cases, –

overview, –

owner,

persons other than owner,

restriction of liability, –

supplementary provisions, –

tankers, –

Liability Convention 1992

generally, –

parties, –

text, –

limitation of liability

concurrent liabilities of owners and others,

establishment of limitation fund outside UK,

generally,

introduction,

limitation actions, –

restrictions on enforcement after establishment of limitation fund, –

specified damage to property,

limitation tonnage,

Merchant Shipping Act 1995

generally, –

text, –

Merchant Shipping (Pollution) Act 2006, , –

prevention of pollution

discharge of oil from ships, –

enforcement, –

generally, –

shipping casualties, –

transfers between ships in territorial waters, –

waste reception facilities at harbours, –

prosecutions, –

records, –

recourse actions,

revisions to conventions, power to give effect to, –

shipping casualties

foreign ships,

generally, –

offences,

pollution by substances other than oil,

service of directions, –

unreasonable loss or damage,

Small Tanker Oil Pollution Indemnification Agreement 2006

generally,

text, –

Supplementary Fund Protocol 2003

generally,

parties, –

text, –

Tanker Oil Pollution Indemnification Agreement 2006

generally,

text, –

TOVALOP,

transfer of oil

transfer at night,

transfer between ships in territorial waters, –

waste reception facilities at harbours

charges, –

generally,

interpretation provisions,

offences,

supplementary provisions,

use of facilities,

waste management plans, –

Ordre public

Rome Convention,

Rome I Regulation,

Overtaking

avoidance of collision,

Particular average

particular average loss,

particular average warranties,

Personal injury

collision,

limitation of liability,

Pilotage

lights and shapes on pilot vessels,

limitation of liability, ,

Platforms

salvage,

Pollution

see Oil pollution

Prize jurisdiction

generally,

Prorogation of jurisdiction

Brussels Regulation (Recast),

Lugano Convention, –

Provisional/protective measures

absence of substantive proceedings, –

Brussels Regulation (Recast),

cases of doubtful jurisdiction,

Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997,

English law, –,

introduction,

Lugano Convention,

Public policy

Rome Convention,

Rome I Regulation,

Page 1135

Pushing
- lights and shapes, –

Recast Brussels Regulation

see Brussels Regulation (Recast)

Recognition and enforcement of judgments

adaptation orders (Northern Ireland),

admissibility of judgments and related documents,

allocation of jurisdiction within UK with respect to trusts and consumer contracts,

appeals,

Brussels Regulation (Recast)

enforcement of judgments, –

generally, –

recognition of judgments, –

text, –

Civil Jurisdiction and Judgments Act 1982

bar on further proceedings on same cause of action,

Channels Islands, Isle of Man and colonies,

domicile, –

general provisions, –

implementation of Conventions, –

interim relief and protective measures, –

overseas judgments given in breach of settlement agreement,

savings for powers to stay, assist, strike out or dismiss proceedings,

seat of corporations and associations, –

security in case of stay,

steps not amounting to submission to jurisdiction of overseas court,

transitional provisions,

Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997,

Civil Jurisdiction and Judgments Order 2001, –

domicile

corporations and associations, –,

Crown, –

deemed domicile, –,

individuals, –,

trusts, ,

enforcement of judgments other than maintenance orders,

implementation of Conventions, –

interest on judgments,

interim relief

absence of substantive proceedings, –

Brussels Regulation (Recast),

cases of doubtful jurisdiction,

Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997,

English law, –,

introduction,

Lugano Convention,

Lugano Convention 2007

annexes, –

enforcement of judgments, –

parties,

Protocols, –

recognition of judgments, –, –

relationship with Brussels I Regulation, –

text, –

proof of judgments and related documents,

provisional/protective measures

absence of substantive proceedings, –

Brussels Regulation (Recast),

cases of doubtful jurisdiction,

Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997,

English law, –,

introduction,

Lugano Convention,

refusal of recognition or enforcement, –

savings for powers to stay, assist, strike out or dismiss proceedings,

seat

corporations and associations, –,

Crown, –

security in case of stay,

transitional provisions,

Reinsurance

generally,

Related actions

Brussels Regulation (Recast), –

Lugano Convention, –

Renvoi

Rome Convention,

Rome I Regulation,

Restricted manoeuvrability vessels

lights and shapes, –

Restricted visibility

conduct of vessels, –

sound signals,

Rome Convention

generally, –

parties, –

Protocol,

text, –

Rome I Regulation

generally, –

text, –

Rotterdam Rules

cargo claims,

Safe speed

avoidance of collision, –

Sailing vessels

avoidance of collision,

Sale and purchase of tonnage

introduction,

Norwegian Saleform 1993, –

Norwegian Saleform 2012, –

Salvage

annulment of salvage contracts,

apportionment

by court,

by receiver,

generally,

arbitration

introduction,

Lloyd’s Standard Salvage and Arbitration Clauses, –

publication of awards,

authority of signatory,

Page 1136

coastal states’ rights,

co-operation,

Crown,

detention of property, –

drilling units,

English law, –

enhanced awards, –

humanitarian cargoes,

interest,

interim payments,

introduction, –

ISU forms

ISU Sub-Contract (Award Sharing) 2001, , –

Salvage Guarantee Form ISU , –

Salvage Guarantee Form ISU , –

Salvage Guarantee Form ISU , –

Salvage Guarantee Form ISU , –

ISU Sub-Contract (Award Sharing) 2001, , –

limitation of salvor’s liability, –,

limitation periods,

Lloyd’s Open Form

Lloyd’s Open Form 2000,

Lloyd’s Open Form 2011, –

overview, –

Lloyd’s Procedural Rules, –

Lloyd’s Standard Salvage and Arbitration Clauses, , –

maritime liens,

master’s duties,

Merchant Shipping Act 1995, –

misconduct of salvors,

modification of salvage contracts,

owner’s duties,

persons,

platforms,

prohibition of salvage operations,

publication of arbitral awards,

redelivery,

rewards

apportionment,

conditions,

criteria for fixing, –

special compensation,

safety net, –

sale of detained property,

salvage contracts,

Salvage Convention 1989

force of law,

parties, –

provisions having effect in connection with Convention, –

text, –

Salvage Guarantee Forms

generally, –

ISU , –

ISU , –

ISU , –

ISU , –

salvage operations

coastal states’ rights,

co-operation,

duties of owner and master,

duties of salvor,

introduction, –

operations controlled by public authorities,

prohibition,

salvor’s duties,

salvors’ rights

apportionment between salvors,

misconduct,

prohibition of salvage operations,

rewards, –

salvage of persons,

services rendered under existing contracts,

special compensation,

SCOPIC clause

Code of Practice (International Group and London Property Underwriters),

Code of Practice (ISU and International Group),

introduction,

Salvage Guarantee Form ISU , –

text, –

security

generally, –,

Salvage Guarantee Form ISU , –

Salvage Guarantee Form ISU , –

Salvage Guarantee Form ISU , –

Salvage Guarantee Form ISU , –

special compensation,

state-owned cargoes,

state-owned vessels,

sub-contracting

introduction,

ISU Sub-Contract (Award Sharing) 2001, –

termination,

valuation of property,

wreck removal

conditions about removal,

costs, –

determination of hazard,

exceptions to liability, –

general lighthouse authorities’ expenses,

Government ships,

insurance, –

insurance or financial security, –

introduction,

liability of owner,

limitation periods,

locating wrecks, ,

marking wrecks, ,

measures to facilitate removal of wrecks, –

removal by registered owner, –

removal in default,

reports, , –

time limits,

Wreckfixed 2010, –

Wreckhire 2010, –

Wrecks Convention 2007, –

Wreckstage 2010, –

Page 1137

SCOPIC clause
- Code of Practice (International Group and London Property Underwriters),
- Code of Practice (ISU and International Group),
- introduction,
- Salvage Guarantee Form ISU , –
- text, –

SDR Limitation Protocol 1979

generally,

parties, –

text, –

Seaplanes

lights and shapes,

Seat

recognition and enforcement of judgments

seat of corporations and associations, –,

seat of Crown, –

seat of arbitration,

Security

arrest, ,

cargo claims, –

retention of security where Admiralty proceedings stayed,

salvage

generally, –,

Salvage Guarantee Form ISU , –

Salvage Guarantee Form ISU , –

Salvage Guarantee Form ISU , –

Salvage Guarantee Form ISU , –

wreck removal, –

Set-off

applicable law,

third party rights against insurers,

Shapes

see Lights and shapes

ShellLNGTime 1 Charterparty

text, –

Shelltime 4 Charterparty

text, –

Shellvoy 6 Charterparty

text, –

Shipping documents

see also Bills of lading

introduction,

liabilities,

representations in bills of lading,

rights, –

Signals

see Sound and light signals

Small claims

County Court arbitration,

LMAA Small Claims Procedure 2012, –

LMAA Small Claims Procedure 2017, –

Small Tanker Oil Pollution Indemnification Agreement 2006

generally,

text, –

Sound and light signals

definitions, –

distress signals, –, ,

equipment for sound signals,

exemptions,

manoeuvring and warning signals,

signals to attract attention,

sound signals in restricted visibility,

technical details, –

Special jurisdiction

Brussels Regulation (Recast), –

Lugano Convention, –

Speed

avoidance of collision, –

Standard forms

bills of lading

Combiconbill 1995, –

Combiconbill 2016, –

Congenbill 1994, –

Congenbill 2007, –

Congenbill 2016, –

Conlinebill 2000, –

Conlinebill 2016, –

Conlinebooking 2000, –

Conlinebooking 2016, –

introduction,

Multidoc 2016, –

booking notes

Conlinebooking 2000, –

Conlinebooking 2016, –

introduction,

charterparties

Asbatankvoy, –

Baltime 1939, –

Barecon 2017, –

Boxtime 2004, –

BPTIME , –

BPVOY , –

Gencon 1976, –

Gencon 1994, –

Inter-Club Agreement 1996, –

Inter-Club New York Produce Exchange Agreement 1996, –

introduction,

LNGVOY, –

NYPE 1946, –

NYPE 1993, –

NYPE 2015, –

ShellLNGTime , –

Shelltime , –

Shellvoy , –

combined transport documents

Combiconbill 1995, –

Combiconbill 2016, –

introduction,

Multidoc 2016, –

introduction, –

sale and purchase of tonnage

introduction,

Norwegian Saleform 1993, –

Norwegian Saleform 2012, –

Stand-on vessel

avoidance of collision,

State-owned cargoes

salvage,

Page 1138

State-owned vessels
- oil pollution, ,
- salvage,
- wreck removal,

Stay of legal proceedings

arbitration

domestic arbitration agreements,

generally,

reference of interpleader issue to arbitration,

retention of security where Admiralty proceedings stayed,

recognition and enforcement of judgments

savings provisions,

security in case of stay,

Steering and sailing rules

conduct of vessels in any condition of visibility

action to avoid collision,

look-out,

narrow channels, –

risk of collision,

safe speed, –

traffic separation schemes,

conduct of vessels in restricted visibility, –

conduct of vessels in sight of one another

action by give-way vessel,

action by stand-on vessel,

crossing situation,

head-on situation,

overtaking,

responsibilities between vessels,

sailing vessels,

STOPIA 2006

generally,

text, –

Strikes clauses

see Marine insurance

Subrogation

applicable law

Rome Convention,

Rome I Regulation, –

insurance,

oil pollution, –

Suing and labouring clause

insurance,

Supplementary Fund Protocol 2003

generally,

parties, –

text, –

Tanker Oil Pollution Indemnification Agreement 2006

generally,

text, –

Third party rights against insurers

see Marine insurance

Time policies

generally,

Institute Time Clauses Hulls, –

Institute Time Clauses Hulls (Restricted Perils), –

TOPIA 2006

generally,

text, –

Total loss

actual total loss,

constructive total loss,

generally,

TOVALOP

oil pollution,

Towage

introduction,

lights and shapes on towing vessels, –

Towcon 2008, –

Towhire 2008, –

UK Standard Conditions for Towage and Other Services,

Traffic separation schemes

avoidance of collision,

Transfer of oil

transfer at night,

transfer between ships in territorial waters, –

Transhipment

insurance, –

Transport documents

bills of lading

see also Bills of lading

contents, –

evidentiary effect, ,

issue,

reservations,

documents other than bill of lading,

guarantees by shipper, –

Underinsurance

generally,

Unit of account

cargo claims

generally,

revision, –

passenger claims,

United States COGSA 1936

agreement as to liability prior to loading or after discharge,

bills of lading,

charterparties,

discrimination between competing shippers,

duties and rights of carrier,

foreign trade,

general average,

increase of liabilities,

introduction, –

liabilities before loading and after discharge,

responsibilities and liabilities of carrier and ship

bill as prima facie evidence,

cargo,

contents of bill, –

guaranty of statements,

limitation of actions,

limitation of liability for negligence, –

notice of loss or damage,

seaworthiness,

“shipped” bill of lading,

rights and immunities of carrier and ship

amount of liability,

deviations, –

freedom from negligence,

Page 1139

inflammable, explosive or dangerous cargo,

uncontrollable causes of loss,

unseaworthiness,

valuation of cargo,

rights and liabilities under other provisions,

special agreement as to particular goods,

surrender of rights,

weight of bulk cargo,

Valuables

fire damage to valuables on British ships,

passenger claims,

Vehicles

loss or damage,

Visibility of lights

avoidance of collision, –

Visibility restrictions

conduct of vessels, –

sound signals,

Voyage policies

generally,

Institute Voyage Clauses Hulls 1983, –

Institute Voyage Clauses Hulls 1995, –

Wages

insurance,

War clauses

see Marine insurance

Warning signals

avoidance of collision,

Waste reception facilities

charges, –

generally,

interpretation provisions,

offences,

supplementary provisions,

use of facilities,

waste management plans, –

Wreck removal

conditions about removal,

costs, –

determination of hazard,

exceptions to liability, –

general lighthouse authorities’ expenses,

Government ships,

insurance

cancellation of certificates,

compulsory insurance or financial security, –

detention of ships,

electronic certificates,

failure to insure,

generally, –

issue of certificates,

production of certificates,

third party rights against insurers, –

introduction,

liability of owner,

limitation periods,

locating wrecks, ,

marking wrecks, ,

measures to facilitate removal of wrecks, –

removal by registered owner, –

removal in default,

reports, , –

time limits,

Wreckfixed 2010, –

Wreckhire 2010, –

Wrecks Convention 2007

introduction,

parties, –

text, –

Wreckstage 2010, –

York-Antwerp Rules

1974 Rules, –

1994 Rules, –

2004 Rules, –

2016 Rules, –

generally,

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Shipping Law Handbook

Page 1121

Index

Index

Page 1122

Page 1123

Page 1124

Page 1125

Page 1126

Page 1127

Page 1128

Page 1129

Page 1130

Page 1131

Page 1132

Page 1133

Page 1134

Page 1135

Page 1136

Page 1137

Page 1138

Page 1139