i-law

Document

1005

Page 731

Index

Acceleration on default , , ,

Admiralty Court
- common law courts, and
- competency of –
- discharge, and

Admiralty jurisdiction of High Court –
- competency –
- maritime claims in rem –

Admiralty Marshal
- arrest, to –
- costs and expenses –
- custody of ship –
- order for sale, and –
- sale by , – see also Court sale procedure

Admiralty Marshal's Conditions of Sale –

Advance payment guarantees –

After-acquired property , ,

Agreed priority –
- default, and
- registration, and –
- reversal

Aircraft
- Blue Sky litigation –
- conflict of laws ,
- under English domestic law –

Amendment
- obligations, change of –
- parties, change of

Anti-set-off clauses –

Appurtenances
- meaning

Arrest
- jurisdiction –
- wrongful ,

Arrest and court sale –
- Admiralty jurisdiction of High Court –
  - competency –
  - maritime claims in rem –
- Admiralty Marshal, and –
- advantages –
- caution –
- claim form –
- damages, and
- dealing with cargo laden onboard ship under arrest –
- English law
- Forms –
- insurance of ship whilst under arrest
- issurance of warrant as of right –
- moving ship for safety, repairs or lay up –
- payment and repatriation of ship's crew –
- procedure –

Assignment
- earnings –, , –, –, –, , , ,
- insurances –
- issues, control over disputes –
- partial assignments –
- proper law
- shipbuilding contract
- suspensory assignments –
- way of charge, by –

Bailment
- concept of –

Balance sheet insolvency

Bareboat Charter Hire Purchase Agreements (BBCHP)

Bareboat charter in ships

Bareboat charter out ships

Bareboat charters –, –
- mortgages on ‘bareboat charter in’ ships
- mortgages on ‘bareboat charter out’ ships
- registration – see also Demise charters

Beneficial ownership –

Bills of Sale Acts

Blue Sky litigation –

Bottomry –,

Bottomry bond

Breach of security maintenance (loan to value ratio) covenant –

Break-funding –

British ship

Bunkers
- whether subject to mortgage , , , –

Cargo –
- ship under arrest – see also Liability to non-demise charterers and cargo

Cargo interests –

Cash-flow insolvency

Centre of main interests (COMI) , –

Certificate of Financial Responsibility (COFR) ,

Certificate of registry –

Change of obligations –
- doctrine of unusual features
- further advances
- guarantee, and
- new obligation
- precautionary security
- refinancing
- subsequent mortgage, and
- underlying facility amended

Change of parties

Charge
- section 859 Companies Act 2006 –
- assignment by way of –

Charterparty –
- buyer step-in –
  - bareboat charters –
  - time charters –
- mortgagee in possession
- time

Chattels –

Classification societies –

Clogs on the equity of redemption , ,

Clubs, mutual associations and –

Co-assurance –

Collateral advantage
- meaning
- unconscionable

Collateral deed of covenant see Deed of covenant

Comité Maritime International (CMI) , –

Common law –, , –

Common law jurisdictions –,

Common law liens –

Common law mortgages , –

charge, as ,
- deed
- form
- maritime structures
- unregistered ship –

Companies Act 2006 Part 26A –

Companies Act registration of charges regime

Company voluntary arrangement (CVA)

Conditional sale agreement

Conflict of laws –
- aircraft ,
- analogies
- Blue Sky litigation –
- court's protection of mortgagor, and
- English domestic law
  - property in registered aircraft under –
  - property in registered ships under –
- English position
- foreign government action –,
- foreign judicial proceedings, and
- foreign ship mortgages –
  - geographical fiction –
  - law of register
  - Merchant Shipping Act 1995
  - priority dispute
  - recognition
- fraud upon mortgages, and –
- general maritime law
- insurance, and –
- international conventions –
  - Bustamante Code, and
  - CMI, and –
  - international interest, and
- law of ship's register –
- lex maritima
- lex situs, conclusions on –
- metaphors
- mid-nineteenth-century conflicts –
- priority issues –
  - common law jurisdictions –,
  - foreign-registered mortgages
  - French law –
  - hypothèque –
  - Latin American countries
  - lex causae –,
  - lex fori –, , –
  - non-consensual claim
  - priorities disputes
- property in registered ships under English domestic law –
  - legislation, history of
  - Merchant Shipping Act 1854 ,
  - Navigation Acts
  - power of requisition
  - private law, and
  - shift from mercantilism to free trade
  - ship belonging to particular port
  - statutory regulation of proprietary interests
- registered ownership and arrest jurisdiction –
  - lex fori –
  - relationship between ownership and registration –
  - timely completion of legal formalities
- registered ships, conclusions on –
- review of issues –
- rights acquired under laws of foreign states
- security over earnings and charterparties –
- situs , , –
- WD Fairway litigation –
  - British Register
  - British ships belonging to port of registry
  - constructive total loss
  - Exception 1 to Dicey's Rule ,
  - facts
  - foreign judgment in rem –
  - issues for determination
  - lex situs –,
  - notice of abandonment
  - registered transfers of proprietary interests , –
  - renvoi ,
  - transaction defrauding creditors

Consensual restructuring , , –

Consents –

Consolidation –

Containers , ,

Contingent liability insurance (CLI)

Contract of affreightment , , ,
- Court bill of sale, enforceability of –
- legal effect under English law –
- Maritime Liens and Mortgages Convention 1993
- recognition by courts –
- United Nations Convention on the International Effects of Judicial Sales of Ships –

Court sale procedure –; see also Arrest and court sale
- application for sale ‘pendente lite’ –
- costs and disbursements –
- default –
- delivery of ship to successful tenderer –
- enforceability of court bill of sale –
- maritime lien claims –
- maritime liens in US –
- mortgage claims –
- mortgagee's application for determination of priorities –
- ordered to direct buyer without tender or appraisement –
- order for sale –, –
- order of priorities disturbed, when
- payment of purchase price into court –
- payment out –
- possessory lien claims –
- statutory liens
- steps taken by Admiralty Marshal after order –

Courts’ protection of mortgagor –
- anti-set-off clauses –
- conflict of laws
- derivative liability to relevant parties –
- excluding duties –
- general law
- intermeddling –
- marshalling
- mortgagee in possession's duties to mortgagor –
- mortgagee's exercise of power of sale –
- mortgagee's sales to favoured buyers –
- mortgagor's right to redeem –
- sales to self –
- self-help, and
- ship and land mortgages compared –

Credit Risk Insurance (Trade Credit Insurance)

Crew, payment and repatriation of –

Cross-border insolvency , –,

Cross-Border Insolvency Regulations –

Cross-border jurisdictional issues, insolvency, and , –

Cross-default –

CVA see Company voluntary arrangement

Deed
- common law mortgage

Deed of covenant –
- collateral , , –
- equitable mortgages –
- provisions for protection of mortgagee
- specimen –

Default
- breach of obligations
- common law rights, and
- discretions in relation to
- financial distress, and
- interest and break-funding –
- lender’s/mortgagee's options following –
- meaning
- time to remedy –
- waiver of events –

Demand guarantee –, –

Demise charters
- duties and liabilities of mortgagee, and –
- nature of see also Bareboat charters

Derivative liability to relevant parties –

Determination of priorities and payment out –
- costs and disbursements –
- maritime lien claims –
- maritime liens in US –
- mortgage claims –
- mortgagee's application for determination of priorities –

DIP financing –

Discharge –
- preference, and
- record in Register
- repayment of debt
- right to redeem, and
- transfer to third party, and

Discretions –

Disguised mortgages –
- motive
- sale and leaseback transaction
- ‘true sale’

Domestic law ,

Dual registration –

Duties and liabilities of mortgagee to third parties –
- demise (bareboat) charters –
- equitable subordination –
- history of ship mortgages, and –
- issues arising under Partnership Act 1890 –
- lender liability summary –
- mortgagee in possession –
- non-demise charters and cargo interests –
- third-party property –
- wider lender liability risks –

Earnings , , , , , , , , , , , , , , , , –, –, , , , , , , , –

Earnings account –

Effect of registration –,

Electronic copies

Electronic execution

Energy-saving technology (EST) equipment ,

Enforcement
- Admiralty Court, competency –
- ancillary equipment, and
- application of proceeds of sale –
- arrest procedure –
- bareboat charter, and ,
- claims –
- common law right to take possession –
- courts’ protection of –,
- default in payments, and
- earnings account –
- exercise of
- factors relevant to decision to take possession –
- foreclosure –
- foreign judgments
- impediments to mortgage –
- joint and several borrower, and
- judicial sale –
- liability to third parties ,
- liens, and ,
- marshalling, and –, –
- mechanics and effect of mortgagee's private sale –
- method of taking possession –
- mortgagee's expenses of sale –
- mortgagee's rights , –,
- penalties, and
- receivership –
- rights of mortgagees in possession –
- sale of mortgaged ship –
- sanctions, and
- security over ancillary receivables –
- security over shares –,
- ship mortgage –
- step-in rights –
- subsequent mortgagee, and –, –
- time charter, and
- unfavourable jurisdiction

Equitable charge –, –
- acknowledgment of receipt, and –
- creation –
- lien, and –
- nature of
- New York Produce Exchange form, clause –
- owner's lien on sub-freights –
- priority –

Equitable interests , , , , , , ,

Equitable liens

Equitable mortgages –, –
- British-style statutory mortgage
- creation ,
- definition
- deposit of builder's certificate –
- deposit of title deeds
- enforcement
- failure to create legal mortgage, and –
- nature of –
- priority –
- security over foreign property

Equitable subordination –

Equity
- De Mattos v Gibson
- redemption –, –, , , , ,

Escrow, execution

Events of default (EODs) –
- categories
- definition
- effect of –
- non-payment –
- other –
- waiver of –

Excluding mortgagees’ duties –

Execution –
- attorney-in-fact
- company, by –
- during COVID-19 pandemic
- deed –
- escrow
- overseas companies

Expiry of registration

Express owners’ undertakings –

Factors relevant to mortgagee's decision to take possession –
- limiting liability
- mortgagee able to take actual possession –
- mortgagee's liabilities to third party containable, whether –
- reasons for –

Failure to register mortgage –, –

Financial collateral arrangements –

Financial lessees, issues for –

Fishing vessels
- ownership –
- registration –

Flag , , , , , , , –, , , , , , , –, , , ,

Floating charge
- pre-existing
- priority –, , –
- use ,

Foreclosure , –

Foreign judgments

Form MSF 4736 REV 1118 , , –, –

Form MSF 4737 REV 1118 , –

Form MSF 4739 REV 1118 –

Form of mortgage –

Forum non conveniens, application of –

General maritime law
- conflict of laws

German, insurance terms

Hanjin insolvency –, –

Hire purchase

Hovercraft ,

Hypothèque –

Illegality
- insurance, and –

INSOL Principles

Insolvency –, –
- COMI shift
- Cross-Border Insolvency Regulations –
- cross-border jurisdictional issues , –
- foreign insolvency proceedings –
- Hanjin insolvency –, –
- Recast Insolvency Regulation –
- restructuring plans under Companies Act 2006 –
- scheme of arrangement under Companies Act 2006 –
- SPC and ship protection in
- UNCITRAL Model Law on Cross-Border Insolvency –
- United States Bankruptcy Code, (and ) –

Institute mortgagees’ interest clauses – hulls –

Insurable interest –

Insurance –
- assignment –
  - beneficial interest –
  - clubs –
  - equity
  - event of default, and
  - legal or equitable –
  - marine insurance claims, proceeds and policies –
  - mutual associations –
  - notice of –
  - present and future choses in action
  - present and future claim
  - registration
  - statutory provisions
- assignments of reinsurances –
- brokers , –, , , –, , , ,
- claims –
- co-assurance –
- composite interest –
- conflict of laws –
- financial guarantee –
- hull
- illegality risk –
- international regulation
- kidnap and ransom
- letters of undertaking –
- loss of hire
- loss payable clauses –
- mortgagees’ interest –
- mortgagees’ rights insurance –
- nature of mortgagee's interest –
- other mortgagees’ –
- P&I clubs –
- placed by mortgagee for its own benefit –
- pollution –
- while under arrest , ,
- warranty
- war risks

Interference with third-party property –

Intermeddling
- perils of –

International conventions, conflict of laws and see Conflict of laws

International legacy –

Issues on owners’ undertakings –
- bareboat charter
- classification societies –
- compliance with all applicable laws and regulations
- dual flagging
- insurances –
- maintenance of ship –
- maritime liens
- registration of ship –
- time charters

Jet skis , –

Judgment in default, mortgagee's application for –

Judicial sales to direct buyer –

Jurisdiction , –, , , , , , , , –, , –, , , , , , , , , , , –, , –, , , –, , ,

Lease financing –
- issues for financial lessees –
- leases and mortgages combined –
- liability of lessors to third parties –
- and loans, differences between
- nature and form of –
- recharacterisation of –
  - English law –
  - US law –
- and secured loans –
- relief against forfeiture –
- repossession –
- sale –
- termination and waiver –
- termination notices –
- termination rights –
- termination sum payable –

Legal (statutory) assignments –

Legal ownership –
- passing of title

Legislative reform –
- Benthamite-inspired

Lender liability
- risks , –
- summary –

Lender’s/mortgagee's options following default –

Letters of undertaking , –

Lex maritima –, ,

Lex situs , , –, , –, –, , , , ,

Liabilities of mortgagee in possession to third parties –

Liability of lessors to third parties –

Liability to demise (bareboat) charterers –
- charter entered into after mortgage granted –
- nature of charterer's interest –
- notice of prohibition
- position between mortgagee and lessee, and
- possession as proprietary interest?

Liability to non-demise charterers and cargo
- applicable law –
- bill of lading holder, and –
- burden of proof
- cases –
- economic torts, and , –
- equitable relief
- impairment of security –
- interests –
- language, meaning and purpose of
- principles –
- remedies –
- statutory mortgage, and
- wrongful interference with contracts

Liability to third parties , , –, see also Duties and liabilities of mortgagee to third parties

Liens –
- categories
- common law –
- equitable
- equitable charge, and –
- issues relating to
- sub-freights, on –

Loans and lease, differences between

Loan portfolio sales –

Loan to value ratio (security maintenance) –

Loss payable clauses , –

Maritime law
- civil law-influenced –
- history of –
- ship mortgages, and –

Maritime liens –
- claims –
- extinguishment –
- history –
- nature of –
- priority
- in US –
- wages

Maritime Liens and Mortgages Convention 1993

Marshalling –,
- bottomry bonds, holders of
- common debtor rule –
- conceptual basis
- contribution, right of
- double mortgage, and –
- double mortgage not fully paid out
- example
- principle –
- scope
- surety exception to common debtor rule

Material adverse change (MAC) –

Material adverse effect (MAE) –

Merchant Shipping Act 1854 ,

Merchant Shipping Act 1995
- Part II, text –
- private law provisions , , , , , , , , , , , , ,
- Schedule 1, text –

Merchant Shipping (Registration of Ships) Regulations 1993
- text –

Method of taking possession –
- actual possession –
- constructive possession –

Mortgage claims –

Mortgagees
- derivative liability to relevant parties –
- equitable duty , –,
- exercise of power of sale –
- expenses of sale –
- in possession's duties to mortgagor –
- in possession's liability to third parties –
- private sale –
  - effect –
  - mechanics –
- sale to favoured buyer –
- sale to self –

Mortgagees’ additional perils (pollution) (MAPP) insurance , –
- Clause 1 (Insuring Clause) –
- Clause 2 (Insured Perils) –
- Clauses 3 to 5 (Exclusions)
- Clause 6 (Warranties)
- Clauses 7 to 16 –

Mortgagees’ interest insurance (MI insurance) , –
- Clause 1 (the ‘Insuring Clause’) –
- Clause 2 (Insured Perils) –
- Clause 3 (Exclusions) –
- Clause 4 (Warranties) –
- Clause 5 (Change of ownership or control) –
- Clause 6 (Duty of assured (sue and labour)) –
- Clause 7 (Claims) –
- Clause 8 (Subrogation) –
- Clause 10 (Automatic termination) –
- delay in payment by underwriters –
- renewals –

Mortgagees’ rights insurance (MRI) –

Mortgages
- and collateral deed of covenant –
- historical development –
- land, ship and –
- lease financing and
- leases and mortgages combined –
- nature of
- unregistered ships , –, –

Mortgagor's obligations and undertakings –
- consents –
- discretion –
- imperilling or prejudicing security, and
- principal rights –
- protection of security –
- rights or incidents of ownership
- sanctions –
- typical express owners’ undertakings –

Mortgagor's rights to redeem –

Multiple obligations –
- parallel debt
- project bonds
- security trustee –
- syndicated loans

Negative pledge –, –

Nemo dat rule ,

Non-payment EODs –

Non-ship structures –
- insurance
- liability to third parties
- ownership and security –
- regulatory regime –
- in rem proceedings
- salvage, and

Norwegian/Scandinavian Plan Insurances , ,

Notice of assignment –, –, ,

Notice of Mortgage Intent –

Obligations secured –
- change of obligations –
- flexibility
- liabilities of third party –
- obligation, meaning
- option to purchase, and
- transfer of title

Oil pollution , –

Oil price cap (sanctions) –

Operating lease –, –, , ,

Order for sale , –, –

Order of priorities

Other EODs –
- breach of security maintenance (loan to value ratio) covenant –
- cross-default –
- insolvency –
- MAC –
- MAE –
- representations and warranties –
- termination of Approved Charter –

Ownership –
- legal –
- non ship structures –
- registered –
- ships –

P&I clubs –

Partial assignments –

Parties
- change of parties

Partnership Act 1890
- issues arising under –

Payment defaults

Penalties, rule against –

Pooling arrangements (earnings) –

Port authority
- over-reaching power of sale ,

Port state control ,

Possession
- actual –
- common law –
- constructive –
- method of taking –
- mortgagee in possession –, –
- relevant factors –

Possessory lien , –

Power of attorney , , , –, , , , , , , –

Pre-delivery payments (PDPs) –, –,

Pre-delivery security –
- advance payment guarantees –
- assignment issues, control over disputes –
- builder's refund obligations –
- objectives
- reasons
- refund guarantees –
- stepping in to buyer's position –

Priority –
- agreed –
- equitable mortgages and charges –
- failure to register mortgage –
- floating charges –
- mortgages of unregistered ships –
- Order of priorities in order for sale
- security over ancillary receivables –
- statutory registered –
- tacking of further advances –

Private law provisions (of MSA 1995) , , , , , , , , , , , , ,

Proceeds of sale
- application –

Property covered by mortgage –
- Admiralty Marshal, sale by
- appurtenances –
- cargo –
- container leasing agreement, and
- equipment
- passenger ships
- third party owners of tangible property
- wide definition –

Property in registered aircraft under English law

Protection of mortgagor by courts see Courts’ protection of mortgagor

Protection of security –

Provisional registration , ,

Purchase option see Third-party purchase options

Recast Insolvency Regulation –
- COMI –
- ship mortgage enforcement –

Receivership –
- appointment –
- duties –
- removal

Rectification –

Red Ensign Group

Refund, builder's obligations –

Refund guarantees –
- litigation on
- nature of
- requiring demand

Refusal of registration

Register
- British ship see also flag

Registering of British Vessels Act 1845 ,

Registering of Vessels Act 1823

Registration –
- bareboat charters –
- and beneficial ownership –
- effect –,
- fishing vessels –
- function
- Merchant Shipping Act 1988 –
- name of ship –
- nature –
- Navigation Act 1660
- not conclusive or relevant
- ownership, and –
- Part III of Register ,
- parts
- and priority –
- procedure –
- qualified owners
- representative person
- shares in ship
- ship with no nationality
- small ships –
- statutes
- United Kingdom ship
- unregistered transferee

Registration of mortgages –
- Bills of Sale Acts –
- Companies Act 2006 –
- effect
- evidencing
- Merchant Shipping Act 1995 –
- reform of system
- registries
- Shipping Registrar ,
- termination

Reinsurance –

Relief from forfeiture , , , , , –, , –

Renvoi , ,

Repossession, lease financing –

Requisition
- compensation –
- conflict of laws

Residual Value Insurance (RVI)

Respondentia ,

Restrictions on assignment –

Restructuring –
- consensual , , –
- towards globally –
- plans under Companies Act 2006 –
  - moratorium –
  - restructuring plans –
- scheme of arrangement under Companies Act 2006 –

Retention account , , –

Rights of mortgagee in possession –

Right to redeem
- protection of –

Right to take possession at common law –
- inadequate marine insurance –
- intended overseas voyages –
- maritime liens and impecuniosity –
- money secured by mortgage is due –
- mortgagee's security impaired or imperilled –
- unfavourable charters

Risks –
- deterioration in physical condition
- incidents causing physical loss or damage
- lender liability –
- non-compliance with legal or regulatory requirements
- third parties acquiring competing rights against or in ship

Roman law

Sale and leaseback transaction , , –, –, , , –,

Sale by court see Court sale procedure

Sale by port authority ,

Sale, leases –

Sale of Goods Act 1979 –

Sale of mortgaged ship –

Sale ‘pendente lite’ –

Sales to favoured buyers –
- allegations by mortgagor on facts
- burden of proof, and –
- failure –
- improper purposes –
- precautions
- proper price
- special purchaser analysis –

Sales to self –

Salvage , , , , , , –, ,

Sanctions –
- complexity of –, –
- contractual context, in
- documentation –
- effect , –,
- issues to be addressed –
- lack of control, and
- language –
- marine insurance by –
- oil price cap regime –
- primary sanctions
- scope of ,
- secondary sanctions –
- ship leasing and sanctioned lessor

Schemes of arrangement under Companies Act 2006 –

Securitisation –

Security interests in ships –

Security over ancillary receivables –

Security over earnings and charterparties –
- assignment –
- bareboat charter
- charterparties –
- commercial background –
- conflict of laws –
- demise charter
- distinction between legal and equitable assignment
- earnings account –
- equitable assignments –
- financial collateral arrangements –
- freight –
- future rights –
- legal assignments –
- legal issues
- liens on sub-freights –
- notice of assignment –
- partial assignments –
- pooling arrangements –
- present rights –
- requisition compensation –
- restrictions on assignment –
- set-off issues –
- step-in rights –
- suspensory assignments –
- time charters –

‘See to it’ guarantee , ,

Self-help remedies

Senior Courts Act 1981 –

Set-off
- issues –
- anti set-off clause –

Share in ship, mortgage of –

Shares security –
- conflict of laws –
- courts’ protection –
- documents –
- enforcement –,
- English law ,
- financial collateral
- reasons for taking
- security documents, enforcement –
- SPC liabilities –

Ship
- definition
- non-ship structures, and –

Shipbuilding Credit Guarantee Scheme

Ship mortgages
- exemption of transfers of
- increased need for –
- Industrial Revolution, and
- jurisdiction –
- maritime law, and –
- nationality requirements
- priority of
- registration, and ,
- risks
- shares, in a ship –

Ships under construction
- Bills of Sale Act
- construction register –
- equitable assignment
- lex situs, and
- material used in construction
- mortgage of –
- progressive title transfer
- terms of shipbuilding contract see also Pre-delivery security

Small ships
- registration –

Special fees –
- enforceability –

Special purpose company (SPC)
- liabilities –
- protection

Statutory charge by way of legal mortgage –, , , , , ,

Statutory liens , –,

Statutory mortgages
- competing claims of mortgagee –
- definition
- detailed formal agreements
- effect of registration –
- endorsement
- form of registration
- Merchant Shipping Act 1854 –
- Merchant Shipping Act 1995
- nationality requirements, and
- nature of –
- nature of registration
- power of sale , –
- primacy of registration –
- priority –,
- registration, and –
- secure liabilities –
- statutory charge, whether –
- sub-mortgages, and
- transfer of title, and –,

Statutory possessory liens –

Statutory registered priority –
- asset registration
- debtor registration
- priority notices
- prior mortgagee's consent, and –
- private sale, power of
- rank in
- subsequent mortgagee, and –

Step-in rights
- charterparties and –
- shipbuilding contract –

Sub-freights
- lien on –

Submortgages –
- deed
- equitable
- nature of
- power of sale, and

Subrogation –

Subsequent mortgagees –

Suspensory assignments –

Syndicated loans , , –

Tabula in naufragio –

Tacking of further advances –
- common law , –
- constructive notice, and –
- court sale in foreign jurisdiction
- mitigation of uncertainty –
- notice, and –
- registered ship mortgages, and
- statutory regime –
- subsequent claims –

Termination
- notices, leases –
- registration, of
- rights, leases –
- sum payable, leases –
- waiver, and –

Termination of Approved Charter –

Third Parties (Rights against Insurers) Act 2010

Third-party property, interference with –

Third-party purchase options –

Time charter
- liability –
- nature of –

Title transfer mortgage , –, –, , , , , , , ,

Transfer and transmission of mortgages –

Trust , , –, , , , –, –, , , , , , , ,
- constructive –
- express ,
- orphan
- owner

UNCITRAL Model Law on Cross-Border Insolvency –

United Kingdom ship

United Nations Convention on the International Effects of Judicial Sales of Ships –

United States Bankruptcy Code, (and ) –
- automatic stay –
- cram down
- DIP financing –
- features of concern
- jurisdiction –

Unregistered ships, mortgages of , –, –

Upside sharing arrangements –

Waiver of EODs –

War risks , –, , –, ,

WD Fairway litigation –
- British Register
- British ships belonging to port of registry
- constructive total loss
- Exception 1 to Dicey's Rule ,
- facts
- foreign judgment in rem –
- issues for determination
- lex situs –,
- notice of abandonment
- registered transfers of proprietary interests , –
- renvoi ,
- transaction defrauding creditors

Wilful misconduct, guilty of

Wrongful arrest , , ,

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