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This book explores the topical issue of indemnities, recourse and collaterals in chartering, bringing together papers given at the 3rd Oslo-Southampton-Tulane Colloquium on Maritime Law Research by world leading scholars in the field. At a time of great volatility in the shipping market, indemnities, guarantees and recourse actions are becoming increasingly common issues. Although the commercial purpose of such devices is rather straightforward, their enforcement gives rise to a number of complex legal issues spanning from jurisdiction and conflict of law to equitable devices. With the aim of unravelling these complexities, this book examines a number of crucial issues, including the master to sign bills of lading as presented; bailment and general principles of indemnity and contribution under the general maritime law of the United States. This edited collection will be of great interest to academics and legal practitioners of international maritime law.
List of contents
1. The Master to Sign Bills of Lading as Presented: Liability and Indemnity between Owners and Charterers for Cargo Damage, Martin Davies 2. Bailment, Mikis Tsimplis 3. General Principles of Indemnity and Contribution under the General Maritime Law of the United States: Charter Parties and Other Maritime Contracts, Joshua Force 3. The English doctrine of Indemnity for compliance with orders – does it exist under Norwegian law, Trond Solvang 4. Liability and insurance clauses in contracts for vessel services in the Norwegian offshore sector – the knock for knock principle, Trine-Lise Wilhelmsen 5. Insuring indemnity obligations in contracts for vessel services in U.S. offshore energy projects, David Sharpe 6. Recourse Under Rule B: The Peculiar Problem of Attachments under U.S. Law, Kristen Gresham 7. Conflicts issues on guarantees and Indemnities, Yvonne Baatz 8. Charter hire as a form of guarantee in ship finance transactions, Filippo Lorenzon 9. Danish rules on rights of retention, liens, pledges and mortgages in the charterparty trade. Pragmatism a go-go or just a study in lawlessness?, Kristina Siig 10. Liens and mortgages in the ship –the relation to the charterer’s equipment on board, Erik Roseag
About the author
Filippo Lorenzon is a Senior Lecturer in the School of Law at the University of Southampton and Director of the Institute of Maritime Law.
Summary
At a time of great volatility in the shipping market, indemnities, guarantees and recourse actions are becoming increasingly common issues. Although the commercial purpose of such devices is reasonably straightforward, their enforcement gives rise to a number of complex legal issues spanning from jurisdiction and conflict of law to equitable devices.
With the aim of unravelling these complexities, this collection of papers explores the topical issue of indemnities, recourse and collaterals in chartering. Bringing together papers by world leading scholars in the field, the book examines a number of crucial issues including the master to sign bills of lading as presented; the knock for knock principle, bailment and general principles of indemnity and contribution.
This edited collection will be of great interest to academics and legal practitioners dealing with charter party disputes based on English, American and international maritime law.
