This book aims to provide those involved in handling wet and dry shipping disputes in multiple jurisdictions with an overview of the key issues relevant to each jurisdiction. We have sought contributions on the law of leading maritime nations, including both major flag states and the countries in which most shipping companies are located. We also include chapters on the law of the major shipbuilding centres and a range of other jurisdictions.
As with previous editions, we begin with cross-jurisdictional chapters looking at the latest developments in important areas for the shipping industry internationally: competition and regulatory law, marine insurance, ocean logistics, piracy, shipbuilding, ports and terminals and environmental issues. We have also included a new chapter regarding international trade sanctions, which is an increasingly important area.
Each jurisdictional chapter then gives an overview of the procedures for handling shipping disputes in each country, including arbitration, court litigation and any alternative dispute resolution mechanisms. Jurisdiction, enforcement and limitation periods are all covered. Contributors have summarised the key provisions of local law in relation to shipbuilding contracts, contracts of carriage and cargo claims. We have also asked each author to address limitation of liability, including which parties can limit, which claims are subject to limitation and the circumstances in which the limits can be broken. Ship arrest procedure, which ships may be arrested, any security or counter-security requirements and the potential for wrongful arrest claims are also included.
James Gosling specialises in shipping, including collisions, salvage, fire and explosion, total loss, piracy, limitation of liability, wreck removal and both civil and criminal pollution liabilities. He also advises on marine insurance and coverage and other shipping-related commercial and contractual disputes. Mr Gosling is an acknowledged piracy expert.
In December 2013, he was recognised, for the third year, as one of the most influential lawyers in the Lloyd’s List annual ‘Top 100 Most Influential People in Shipping’ report, and in 2012, he won the Lloyd’s List Global Awards Maritime Lawyer of the Year for his work in the area of piracy.
Mr Gosling is consistently praised in Chambers and The Legal 500 as being ‘an industry expert’ who is ‘very knowledgeable, accessible and swift to respond to any demand’. Chambers UK 2013 reported sources say ‘his knowledge surpasses any other lawyer – he is perfect for putting in front of clients and always knows how to put his point across’.
Tessa Jones Huzarski is an associate in Holman Fenwick Willan’s London office. She has spent time in the firm’s shipping, insurance and reinsurance, and energy and resources teams, as well as completing a six-month secondment in the firm’s Singapore office and a three month secondment to an IG P&I Club. Her shipping experience includes advising on both wet and dry shipping matters. In particular, she has acted on salvage, wreck removal, groundings, collisions, fires and unsafe port claims. Ms Jones Huzarski has experience of both English Commercial and Admiralty Court proceedings, as well as international arbitration proceedings, including LMAA, SIAC and UNCITRAL arbitration.
The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book: