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This book is an up-to-date analysis of current issues affecting
marine insurance law and market practice. It is authoritative
advice from leading specialists drawn from the academic and
professional worlds. The book includes a comparative analysis of
aspects of English, Scandinavian, and US law and practice. Its
in-depth analysis on key topics is often only touched upon in
textbooks. Topics covered include: marine policies and undisclosed
principals * the shifting boundary between marine and non-marine
risks * jurisdictional issues * piracy and terrorism under the
Norwegian Insurance Plan * liability of marine insurers for late
payment of indemnity * insuring negligence and due diligence risks
* the new Institute Cargo Clauses 2009 * the concept of indemnity
in marine insurance * insuring the consequences of unlawful acts
committed by third parties * development in US marine insurance law
* the Marine Insurance Act 1906 * the Institute Cargo Clauses
(2009) A, B, and C * the Institute W
This new title features the published papers of Professor D.
Rhidian Thomas and a host of high profile speakers, originally
presented at the Swansea International Colloquium on Marine
Insurance Law 2005. It examines and analyses in-depth specific
issues that are currently occupying the marine insurance markets
and the law. The issues identified in this book are the fundamental
issues on which marine insurance law is based, and of which are in
the process of being re-examined and developed further to respond
to the needs of modern insurance practice. The purpose of this text
is to complement more general textbooks by delving more deeply into
contemporary issues and thereby offering solutions rather than an
introduction to problems.
This fifth volume in the series comprises ten contributions written
by an expert team of academics and practitioners. Collectively they
analyse and expound many of the contemporary legal issues and
debates in the law and practice of marine insurance. The new volume
is not to be considered as a "new edition" superseding the earlier
volumes. To the contrary, it extends on the previous coverage and
contributes to the expanding coverage of the series. It achieves
this by introducing new topics for analysis and by noting
significant developments in themes considered in earlier volumes,
thereby providing a useful tool for keeping abreast of an ever
developing body of judicial law. This volume tackles topics such as
the impact of the Insurance Act 2015 on remedies and the
pre-contractual duty of insurers, as well as a contribution from
Professor Wilhelmsen on the state ship arrest as a peril under the
Nordic Marine Insurance Plan and London terms. It explores the
impact of Brexit on jurisdiction in marine insurance whilst also
dedicating time to the comparison of US and English law relating to
the duties of brokers, and analyses the "but for" test in marine
insurance as well as historical development of the law relating to
fraudulent claims. Alongside many other important topics, this book
meticulously examines Direct and Third-Party claims against P &
I Insurers, Passenger liabilities and class actions, Seaworthiness
and the operation of the MIA 1906 s.39 post Insurance Act 2015 and
the insuring of autonomous and remote-controlled vessels. This book
is essential reading for maritime lawyers, brokers and insurance
market practitioners, academics, and companies associated with the
marine insurance markets worldwide.
This volume focuses on current issues affecting the market with
regard to marine insurance. Written by a team of leading academics
and practitioners, it analyzes the contemporary questions and
debates in the law arising out of market practice and provides an
up-to-date analysis of the law of marine insurance. Topics covered
include:- held covered clauses, incorporation of terms into
reinsurance contracts, valued policies, insurable interest,
warranties, wilful misconduct, counter-claims by insurers and
jurisdiction. It also provides an comparative analysis of the law
and practice in Europe, Australia and the USA. Cumulatively the
contributions provide a comprehensive statement of the modern law
and practice of marine insurance.
This book is based on papers presented at the Sixth International
Colloquium in September 2009, organized by the Institute of
International Shipping and Trade at Swansea University. The 16
contributions have been written by a team of international experts
who collectively submit the newly proposed Rotterdam Rules to a
sustained, penetrative, and comprehensive analysis. The UN
Convention on Contracts for the International Carriage of Goods
Wholly or Partly by Sea 2009 - from which the Rotterdam Rules
derive - potentially represents a development of unparalleled
significance in the field of unimodal carriage of goods by sea and
multimodal transport with a sea leg. The scale of the Rules is
staggeringly wide, as also are their detail and complexity, and
coming to a full understanding of the provisions and implications
of the Rules represents a challenge even to those experienced in
the law and practice of commercial shipping. The book examines
virtually all aspects of the Rules and provid
This book focuses upon the complex issues arising out of voyage
charterparty contracts, bills of lading, and international sale
contracts. It provides an in-depth discussion on key topics such
as: the evolving nature of voyage charterparties jurisdiction and
choice of law clauses legal issues relating to the preliminary
voyage duties of owners with particular reference to seaworthiness
cargo obligations of voyage charterers the concept of legally
dangerous cargo laytime and demurrage periods and interruptions to
each commencement of laytime and notice of readiness laytime and
demurrage clauses in international sale contracts bills of lading
issued under voyage charters bills of lading under European
national laws comparative developments in US law deviation
cancellation clauses and repudiatory breach frustration of voyage
charters.
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