ABSTRACT
This edited volume brings together contributions from experienced academics and practitioners in shipping law to consider the crucial subject of remedies in shipping litigation.
The collection takes a close look at the established principles and recent legal, commercial and technical developments in the area of remedies in shipping law. It is divided into three parts. The first part focuses on fundamental common law principles concerning damages, including approaches to topics such as damages for delay and what happens when a charter is thrown over early; the reflective loss rule; mitigation; and the problem of cryptocurrency. The second part considers technology and how it affects contracts and remedies, including the use of new technologies and the development of new liability regimes. The third part explores contractual remedies other than simple compensatory damages, considering issues such as limitation of liability, punitive damages, specific remedies, third party claims and liabilities, and anti-suit injunctions.
Written for lawyers and administrators not only in England and Wales but worldwide (especially Germany, Switzerland, Greece, Canada, Australia, New Zealand, China, Hong Kong, Singapore and India), the book will also be of interest to specialist maritime law firms in the USA. It will be a valuable addition to specialist law libraries within Europe and the USA, and to university libraries where maritime and shipping law are taught as specialist subjects.
TABLE OF CONTENTS
part I|91 pages
Damages
chapter Chapter 3|9 pages
Mitigation – Is It Relevant When Assessing Damages for Breach of Charterparty?
chapter Chapter 5|22 pages
Limits on a Shipowner's Right to Refuse Early Redelivery of a Time-Chartered Vessel*
chapter Chapter 6|13 pages
Ship Seller's Potential Duty of Care in Respect of Buyer's Dismantling of Vessel
part II|102 pages
Emerging Liability Regimes and Damages
chapter Chapter 8|18 pages
Remedies for Smart Legal Contracts
chapter Chapter 11|16 pages
Control Centres in the Context of Unmanned Ship Operations – Their Status and Potential Liabilities*
chapter Chapter 12|19 pages
Shipping Operators' Obligations and Liabilities Under the International and EU Emission Reduction Strategy
part III|125 pages
Other Remedies and Third Parties