The Shipping Law Review - Edition 3

James Gosling
Tessa Huzarski
  • Editors:
  • James Gosling and Tessa Huzarski
  • Holman Fenwick Willan LLP

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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.

About the Editors

James Gosling

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 Huzarski

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.

Acknowledgements

The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book:

Australia

  • Gavin Vallely, Simon Shaddick and Simon Gamboni
  • Holman Fenwick Willan LLP

Brazil

  • Camila Mendes Vianna Cardoso, Godofredo Mendes Vianna and Lucas Leite Marques
  • Kincaid - Mendes Vianna Advogados Associados

Canada

  • Shelley Chapelski and Andrew Stainer
  • Bull Housser & Tupper LLP

Chile

  • Ricardo Rozas
  • Jorquiera & Rozas Abogados

China

  • Nicholas Poynder and Jean Cao
  • Holman Fenwick Willan LLP

Competition and Regulatory Law

  • Anthony Woolich and Daniel Martin
  • Holman Fenwick Willan LLP

Cyprus

  • Andreas Haviaras
  • Haviaras & Philippou LLC

Denmark

  • Jens V Mathiasen and Thomas E Christensen
  • Gorrissen Federspiel

Egypt

  • Gamal A Abou Ali and Tarek Abou Ali
  • Abou Ali Law Firm & P&I Correspondents

England and Wales

  • James Gosling, Rebecca Warder and Tessa Jones Huzarski
  • Holman Fenwick Willan LLP

France

  • Mona Dejean
  • Holman Fenwick Willan LLP

Germany

  • Olaf Hartenstein, Marco Remiorz and Marcus Webersberger
  • Dabelstein & Passehl

Greece

  • Paris Karamitsios, Richard Johnson-Brown and Dimitri Vassos
  • Vgenopoulos & Partners Law Firm and Holman Fenwick Willan LLP

Hong Kong

  • Caroline Thomas, Thomas Morgan, Kim Macnamara and Gabriella Martin
  • Holman Fenwick Willan LLP

India

  • Amitava Majumdar (Raja), Aditya Krishnamurthy, Arjun Mital and Pranoy Kottaram
  • Bose & Mitra & Co

Indonesia

  • Sahat Siahaan, Muhammad Muslim, Desi Rutvikasari and Dwi Meitiara Pratiwi Bakrie
  • Ali Budiardjo, Nugroho, Reksodiputro

International Trade Sanctions

  • Daniel Martin
  • Holman Fenwick Willan LLP

Ireland

  • Catherine Duffy, Vincent Power and Eileen Roberts
  • A&L Goodbody

Israel

  • Amir Cohen-Dor and Michael Safran
  • S.Friedman & Co

Italy

  • Pietro Palandri and Marco Lopez de Gonzalo
  • Studio Legale Mordiglia

Japan

  • Tetsuro Nakamura, Tomoi Sawaki and Minako Ikeda
  • Yoshida & Partners

Korea

  • Tae Jeong Kim
  • Bae, Kim and Lee LLC

Malaysia

  • Jeremy M Joseph
  • Joseph & Partners

Malta

  • Ann Fenech
  • Fenech & Fenech Advocates

Marine Insurance

  • Jonathan Bruce and Alex Kemp
  • Holman Fenwick Willan LLP

Marshall Islands

  • Lawrence Rutkowski
  • Seward & Kissel LLP

New Zealand

  • John Knight
  • Chapman Tripp

Nigeria

  • L Chidi Ilogu and Adedoyin Adeloye
  • Foundation Chambers

Ocean Logistics

  • Catherine Emsellem-Rope and Tessa Jones Huzarski
  • Holman Fenwick Willan LLP

Panama

  • Juan David Morgan Jr
  • Morgan & Morgan

Paraguay

  • Juan Pablo Palacios Vel ázquez
  • Palacios, Prono & Talavera

Philippines

  • Valeriano Del Rosario
  • Veralaw (Del Rosario Raboca Gonzales Grasparil)

Piracy

  • Michael Ritter and William MacLachlan
  • Holman Fenwick Willan LLP

Ports and Terminals

  • Matthew Wilmshurst
  • Holman Fenwick Willan LLP

Preface

  • James Gosling and Tessa Jones Huzarski
  • Holman Fenwick Willan LLP

Russia

  • Igor Nikolaev
  • I.N. Law Office

Shipbuilding

  • Simon Blows and Vanessa Tattersall
  • Holman Fenwick Willan LLP

Shipping and the Environment

  • Tessa Jones Huzarski and Matthew Dow
  • Holman Fenwick Willan LLP

Singapore

  • Scott Pilkington, Magdalene Chew and Thuolase Venga
  • Holman Fenwick Willan LLP

South Africa

  • Jeremy Prain
  • Bowman Gilfillan

Spain

  • Luis de San Simón
  • San Simón & Duch

Switzerland

  • William Hold
  • Holman Fenwick Willan LLP

Turkey

  • Zihni Bilgehan, Ekin Dünya Şahin and Emre Ersoy
  • ErsoyBilgehan Lawyers & Consultants

Ukraine

  • Vagif Mallayev, Victoria Konograi and Inga Drobinova
  • Lexcellence Law Office

USA

  • Raymond J Burke Jr, Stephen P Kyne, Christopher H Dillon, William F Dougherty, Keith W Heard and Michael J Walsh
  • Burke & Parsons

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