Description
Book SynopsisThis edited volume brings together contributions from experienced academics and practitioners in shipping law to consider the crucial subject of remedies in shipping litigation.
The collection takes a close look at the established principles and recent legal, commercial and technical developments in the area of remedies in shipping law. It is divided into three parts. The first part focuses on fundamental common law principles concerning damages, including approaches to topics such as damages for delay and what happens when a charter is thrown over early; the reflective loss rule; mitigation; and the problem of cryptocurrency. The second part considers technology and how it affects contracts and remedies, including the use of new technologies and the development of new liability regimes. The third part explores contractual remedies other than simple compensatory damages, considering issues such as limitation of liability, punitive damages, specific remedies, third party claims
Table of Contents
Part I. Damages: Fundamental Principles and New Frontiers 1. Limitations to and Deductions from Contractual Damages 2. The Reflective Loss Doctrine and Shipping Law: Can We Write It Off yet? 3. Mitigation – Is it Relevant when Assessing Damages for Breach of Charterparty? 4. Prospects of Recovering Damages for Delay in Shipping Cases 5. Limits on a Shipowner’s Right to Refuse Early Redelivery of a Time-Chartered Vessel 6. Ship Seller’s Potential Duty of Care in respect of Buyer’s Dismantling of Vessel 7. Judgments in Bitcoin? Part II. Emerging Liability Regimes and Damages 8. Remedies for Smart Legal Contracts: Rectification and Rescission Reconsidered 9. The Internet of Things in the Commercial Insurance Context – A Case for Regulation, or for Commercial Shrewdness and Judicial Creativity? 10. Digital Banking and Liability Issues 11. Control Centres in the Context of Unmanned Ship Operations – Their Status and Potential Liabilities 12. Shipping Operators’ Obligations & Liabilities under the International and EU Emission Reduction Strategy 13. Damages for Late Payment of Insurance Claims Part III. Other Remedies and Third Parties 14. Specific Remedies in Shipping – Specific Performance, Specific Enforcement and the interaction of ‘Negotiating Damages’ 15. The Rebirth of the European "Anti-Suit Injunction" Issue Post-Brexit 16. Punitive Damages in Maritime Cases – A View from Across the Pond 17. Limitation of Liability – New Trends 18. Am I My Brother’s Keeper? Liability in Tort for the Acts of Third Parties 19. Third Party Loss in Carriage of Goods by Sea
