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The Law of Shipbuilding Contracts, 3rd Edition

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The Law of Shipbuilding Contracts, 3rd Edition By Simon Curtis

Author Simon Curtis
Publication Date Nov, 2002
ISBN 9781843111689
Format Hardcover
Publisher  Informa Publishing

 

Law of Shipbuilding Contracts provides a comprehensive guide to the legal principles governing contracts for the construction of ships. If you are involved in advising a client on shipbuilding contracts, or are a negotiator trying to arrive at the best possible result, the financial penalties of failure can be huge. Give yourself the best chance for success by having the Law of Shipbuilding Contracts on your desk

The Law of Shipbuilding Contracts, 3rd Edition provides a comprehensive update of legislation and developments that have affected the law of shipbuilding and conversion contracts since the last edition, six years ago.

This book provides

    • An examination of important recent developments in English case and statute law relating to shipbuilding, in particular:-
    • the various key decisions of the House of Lords and Court of Appeal in Stocznia Gdanska v Latvian Shipping Company (1995 - 2002), relating principally to the effect of the buyer's default in payment and the builder's right of cancellation
    • Cenargo Ltd. v. Empresa Nacional Bazan (2001), concerning the buyer's right to claim liquidated damages for deficiencies in the Vessel's performance
    • BMBF (No 12) Ltd v Harland & Wolff (2001), concerning buyer's right to take possession of the vessel in the event of the shipyard's default
    • China Shipbuilding v NYK (2000), concerning the scope of the builder's post-delivery guarantee
      • the Contract (Rights of Third Parties) Act 1999 which has extended to certain third parties right to enforce

English law contracts

  • A detailed analysis of the new European (AWES) standard form of shipbuilding contracts, adopted in 1998, together with a line-by-line review of the Japanese standard form, used throughout Asia and elsewhere.

Essential reading for

Purchasers and charterers of newbuilding tonnage
Shipbuilders and offshore construction yards
Lawyers and insurers working in the maritime and offshore oil and gas sectors 
Banks and other finance providers

 

TABLE OF CONTENTS

  • Nature of the shipbuilding contract
  • Formation of the shipbuilding contract
  • Article 1: Description and Class
  • Article 2: Contract Price and Terms of Payment
  • Article 3: Adjustment of Contract Price
  • Article 4: Approval of Plans and Drawings
  • Article 5: Modifications
  • Article 6: Trials
  • Article 7: Delivery
  • Article 8: Force Majeure
  • Article 10: Rescission by Buyer
  • Article 11: Buyer's Default
  • Article 12: Insurance
  • Article 13: Dispute and arbitration
  • Article 14: Right of assignment
  • Article 15: Taxes and Duties
  • Article 16: Patents and Trademarks
  • Article 17: Buyer's supplies
  • Article 18: Notice
  • Article 19: Effective date of Contract
  • Article 20: Interpretation
  • Article 21: Sundry Provisions
  • Agreements Ancillary
  • Ship Conversion Contracts
  • Appendix A: Variations to the SAJ Form
  • Appendix B1: AWES Form
  • Appendix B2: Norwegian Standard Form Shipbuilding Co
  • Appendix C: Japanese Insurance Clauses
  • Appendix D: Institute Clauses for Builders' Risks (1/6/88)
  • Appendix E: Rules of Arbitration of Tokyo Maritime Arbitration Commission (TOMAC) of the Japan Shipping Exchange, Inc.
  • Appendix F: OECD Sector Understanding on Export Credit
  • Appendix G: EU Council Regulation 1540/98
  • Delayed Delivery/Cancellation Insurance Clauses

 

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