ABSTRACT
Written by a team of acclaimed practitioners and leading academics, this book brings together in one single volume an analysis of contemporary legal issues concerning ship building, sale and finance contracts. It offers a comprehensive, expert and thoroughly practical guide on what is a very complex area of law in today's international shipping industry.
The book presents a detailed and critical analysis of standard and non-standard shipbuilding and sale contracts, including vital but often overlooked issues such as payment and refund guarantees, which have been at the forefront of recent litigation and practice. It also critically and thoroughly analyses several types of standard insurance contracts, including shipbuilder's risks and mortgagee's interests, which are not adequately dealt with elsewhere and it provides a critical and contemporary discussion on the legal and practical issues surrounding ship finance, ship mortgages and more esoteric issues such as the use of bareboat charters and financial derivatives.
This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide. The book is divided into 3 parts; Legal Issues relating to Ship Building, Ship Sale Contracts and Practice, and Legal and Practical Issues relating to Ship Finance. Each has been expertly contributed to by the leading practitioners and academics in the field from top firms, chambers and institutions including; Ince & Co, Quadrant Chambers, Haynes and Boone CDG, LLP, Holman Fenwick Willan LLP, Watson Farley & Williams LLP, 7 Kings Bench Walk, and Institute of International Shipping and Trade Law (IISTL) of Swansea University.
TABLE OF CONTENTS
part I|98 pages
Legal Issues Relating to Ship Building
chapter Chapter 1|21 pages
Contracting by numbers: the different characteristics of the main shipbuilding contracts
chapter Chapter 2|21 pages
The Bimco Newbuildcon Standard form Shipbuilding Contract: salient features and pitfalls
chapter Chapter 3|11 pages
Remedies for breach of shipbuilding contracts – is English law ‘fit for purpose'?
chapter Chapter 4|13 pages
The application of the ‘prevention principle' 1 in the shipbuilding context
chapter Chapter 5|11 pages
Drafting and interpreting payment refund guarantees in the shipbuilding context
part 2|48 pages
Ship sale contracts and practice
chapter Chapter 8|23 pages
‘As is' . . . as you were? The Union Power and ‘as is' provisions in ship sale and purchase contracts
part 3|120 pages
Legal and Practical Issues Relating to Ship Finance