Berlingieri on arrest of ships: volumes i and ii : volume set / Francesco Berlingieri.

Format:

Book

Author/Creator:

Berlingieri, Francesco, author.

Language:

English

Subjects (All):

Arrest of ships.

Law--Maritime.

Law.

Physical Description:

1 online resource (1,199 pages) : illustrations

Edition:

6th ed.

Place of Publication:

Abingdon, Oxon ; New York, New York : Informa Law, from Routledge, [2017]

Summary:

Now presented in two convenient volumes, the sixth edition of Berlingieri on Arrest of Ships is an invaluable source of information, detailing the claims in respect of which a ship may be arrested, the conditions for obtaining an order of arrest, the need for a security, the manner by which the ship that has been arrested may be released,.

Contents:

Cover

Volume 1

Cover

Half Title

Series Page

Title Page

Copyright Page

Contents

Foreword

Acknowledgments

Glossary

Introduction

Table of authors

Table of cases

Table of legislation

Table of conventions

Table of CMI (Comité Maritime International) conferences

Table of conventions-travaux préparatoires

Chapter 1 History of the 1952 Arrest Convention

The CMI conference of 1930 in Antwerp

The preparatory work for a draft convention on arrest of ships

The CMI conferences of 1933 in Oslo and of 1937 in Paris

The CMI conferences of 1947 in Antwerp, of 1949 in Amsterdam and of 1951 in Naples

The Brussels Diplomatic Conference, 2-10 May 1952

Chapter 2 The Way to Uniformity of Maritime Law in Respect of Arrest of Ships

Methods of implementation

The reservations made by States parties to the 1952 Arrest Convention

The implementation of the 1952 Arrest Convention by Contracting States

States that have given force of law to the Convention

States that have implemented the Convention by incorporating in whole or in part its provisions into their national law

States parties that have not taken any legislative action in order to implement the Convention

Chapter 3 Scope of Application

The notion of ship

Waters in which the ship is sailing or intended to sail

Size and characteristics of the ship

Intended use

The notion of flag

Application to ships flying the flag of Contracting States

Application to ships flying the flag of non-Contracting States

Review of the attitude adopted in certain Contracting States

States that have incorporated the provisions of the Convention in their national laws in which the Admiralty jurisdiction is recognised.

States that have incorporated the provisions of the Convention in their national laws in which the notion of a specific Admiralty jurisdiction does not exist

States that have given the force of law to the provisions of the Convention

Limits to the application

Subordination of the Convention to national rules

Exclusions from the application

Chapter 4 Definitions of Arrest, Person and Claimant

The definition of arrest

Analysis of the definition

The notion of arrest in the law of certain Contracting States

The definition of person

The definition of claimant

The relevant rules in the law of certain Contracting States

Chapter 5 The Maritime Claims

The definition of maritime claims

Analysis of the chapeau

The corresponding chapeau in the law of certain States that have incorporated the Convention in their national laws

The individual maritime claims

Damage caused by any ship either in collision or otherwise

Loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship

Salvage

Agreement relating to the use or hire of any ship whether by charterparty or otherwise

Agreement relating to the carriage of goods in any ship whether by charterparty or otherwise

Loss of or damage to goods including baggage carried in any ship

General average

Bottomry

Towage

Pilotage

Goods or materials wherever supplied to a ship for her operation or maintenance

Construction, repair or equipment of any ship or dock charges and dues

Wages of masters, officers or crew

Master's disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner

Disputes as to the title or to ownership of any ship.

Disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship

The mortgage or hypothecation of any ship

Chapter 6 Claims in Respect of Which a Ship May be Arrested Under the Convention

Claims secured by a maritime lien that are not mentioned in article 1(1) of the 1952 Arrest Convention

Claims arising under an international convention

Claims arising under a national law

Claims in respect of which an action in rem is permissible

The European Regulation (EC) No. 1215/2012

The detention of a ship as a consequence of the attachment of property on board that is not owned by the owner of the ship or by its demise charterer

Chapter 7 Jurisdiction for the Arrest

Analysis of the relevant issues

Judicial authority

Authority having jurisdiction

Jurisdiction before the arrival of the ship

Jurisdiction after the ship has sailed

Arrest pursuant to an order of a foreign court

Choice of the judicial authority of the State in the jurisdiction of which the arrest is made

Jurisdiction for arrest when the court has no jurisdiction on the merits

Jurisdiction for arrest when the court has jurisdiction on the merits but the ship is not within its jurisdiction

Jurisdiction for arrest when a decision on the merits has already been obtained

Exclusive jurisdiction pursuant to the 1952 Convention on Penal Jurisdiction and to UNCLOS

Lis pendens - related actions

Chapter 8 Jurisdiction on the Merits and Related Matters

The travaux préparatoires

The structure of article 7

Jurisdiction on the merits

A review of the rules in the United Kingdom, in some other common law countries, in Nigeria and Algeria

United Kingdom

Caribbean jurisdictions

China - Hong Kong

Ireland

Nigeria

Algeria.

A review of the individual links enumerated in article 7(1)

Habitual residence or principal place of business of the claimant

Claims arising in the country in which the arrest is made

Claims concerning the voyage of the ship during which the arrest was made

Claims arising out of a collision or in circumstances covered by article 13 of the 1910 Collision Convention

Salvage claims

Claims upon a mortgage or hypothecation of the ship

Possible conflicts of the links enumerated in paragraph 1 with other conventions

CLC 1992

Hamburg Rules

Athens Convention

EC Jurisdiction Convention

Lugano Convention 2007

Possible conflicts of the links enumerated in paragraph 1 with EU Regulation No. 1215/2012

The time within which the claimant must bring proceedings on the merits

When the action may be deemed to have been brought

The recognition by the State in which the arrest is effected of a foreign judgment or arbitral award on the merits

Consequences of the failure to bring action on the merits within the time prescribed

Chapter 9 Arrest or Detention by Public Authorities

International conventions and agreements

MOU

The IMO Procedures for Port State Control

UNCLOS

EU directives

SOLAS

ISPS Code

International Code of Safety for High Speed Craft (HSC Code)

International Management Code for the Safe Operation of Ships

MARPOL

National laws

Cameroon, Congo, Equatorial Guinea, Gabon, chad

Croatia

Denmark

Egypt

Finland

France

Germany

Greece

Italy

Latvia

Morocco

Netherlands, the

Norway

Poland

Portugal

Russian Federation

Slovenia

Sweden

Chapter 10 Procedure Relating to the Arrest

Conditions for obtaining the authority.

Enforcement of the arrest

A review of the national rules in some of the Contracting States

Algeria

Belgium

Benin

Cameroon, Congo, Gabon, chad

Chapter 11 Arrest of the Ship in Respect of Which the Claim is Asserted

Appurtenances not owned by the owner of the ship - their treatment in the various countries

General comments

Relation between the claim and a particular ship

Relation between the person liable and the ship

Claims against the owner of the ship

The interpretation of the rule in certain Contracting States

Claims against the demise charterer of the ship and other persons liable in respect of a maritime claim

Claims based upon a mortgage, " hypothèque " or charge on the ship

Claims relating to the ownership or possession of the ship

Claims secured by a maritime lien

Chapter 12 Arrest of "Sister" Ships

When ships must be deemed to be in the same ownership

Analysis of article 3(2)

The corresponding provisions in the law of certain Contracting States that have incorporated the Convention into their national law

When arrest of "sister" ships is not permitted

Analysis of the exceptions to the right of arrest of "sister" ships

Chapter 13 Arrest of Associated Ships.

Is piercing the corporate veil prohibited by the Convention?.

Notes:

Description based on print version record.

ISBN:

1-003-12270-1

1-000-34094-5

9781003122708

OCLC:

1226504471