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The Arrest Conventions, signed in 1952 and 1999, play a fundamental role in the worldwide enforcement of maritime claims. Arrest of ships is one of the most distinctive features of international maritime law. It provides a powerful, efficient and effective means of enforcing maritime claims in rem, obtaining sufficient asset security and preserving property pending substantive proceedings. Ship arrest is, however, also a draconian power that cuts across property rights and can cause considerable commercial harm to shipowning interests. This book provides thematic and comparative analysis from leading international commentators on the most significant legal and policy issues, including practical problems arising from the Arrest Convention texts, as well as the direct implementation or indirect 'translation' of the Arrest Conventions into domestic legal systems. It critically analyses the political and historical development of the Conventions, explores the key concepts underpinning the Arrest Convention frameworks and considers the future of ship arrest.
List of contents
1. Ship Arrest – Issues of Availability, Fairness and Proportionality
Rhidian Thomas
2. Arrest of Associated Ships
Graham Bradfield
3. Arrest as Security and Security Arrest
Anton P Trichardt
4. Declining Jurisdiction Following Arrest
Steven Rares
5. Rearrests and Multiple Arrests of Ships
Kate Lewins
6. Wrongful Arrest of Ships
Toh Kian Sing and Nathanael Lin
7. Conflict of Laws and the Arrest Conventions
Paul Myburgh
8. Arrest, Detention and Seizure of Ships: Availability for Environmental Claims
Michael Tsimplis
9. Arrest and Cross-Border Insolvency: The Singapore Experience
Belinda Ang
10. National Translations of the Arrest Conventions: European Civil Law Jurisdictions
Henning Jessen and George Theocharidis
11. National Translations of the Arrest Conventions: China
Yingying Zou
12. National Translations of the Arrest Conventions: Anglo-Common Law Jurisdictions
Bevan Marten
13. The Future of Ship Arrest
Martin Davies
About the author
Paul Myburgh is Professor of Law at Auckland University of Technology, New Zealand.
Summary
The Arrest Conventions, signed in 1952 and 1999, play a fundamental role in the worldwide enforcement of maritime claims. Arrest of ships is one of the most distinctive features of international maritime law. It provides a powerful, efficient and effective means of enforcing maritime claims in rem, obtaining sufficient asset security and preserving property pending substantive proceedings. Ship arrest is, however, also a draconian power that cuts across property rights and can cause considerable commercial harm to shipowning interests. This book provides thematic and comparative analysis from leading international commentators on the most significant legal and policy issues, including practical problems arising from the Arrest Convention texts, as well as the direct implementation or indirect ‘translation’ of the Arrest Conventions into domestic legal systems. It critically analyses the political and historical development of the Conventions, explores the key concepts underpinning the Arrest Convention frameworks and considers the future of ship arrest.
Foreword
Written by leading maritime law experts, this book provides a thematic analysis of the Arrest Convention regimes and a critical discussion of the context of how the Conventions have been implemented and operate in different jurisdictions and legal traditions, as well as future trends of ship arrest.
Additional text
There is something here for everybody; moreover, the arguments advanced are overwhelmingly of a uniformly high standard, carefully constructed and well-expressed ... In short, this is an extremely worthwhile book. It is thoroughly recommended to any shipping lawyer, especially a parochial English one, who wishes to broaden their knowledge while sharing a highly enjoyable read, and to any comparative lawyer wishing to expand their knowledge of an otherwise esoteric branch of the law. Buy it while you can. Then tell your library to do likewise.
