LLOYD'S PRACTICAL SHIPPING GUIDES Other titles in this series are: MARITIME LAW Chartering Documents 3rd edition by Harvey Williams BY The Hague and Hague- Visby Rules CHRISTOPHER HILL 4th edition by John Richardson MA(Oxon) FICS Introduction to P&I 2nd edition by Chris Hill, Bill Robertson and Steven Hazelwood Lay time and Demurrage in the Oil Industry by Malcolm Edkins and Ray Dunkley Marine Claims 2nd edition by Christof Luddeke Maritime Law 5th edition by Chris Hill Mu/timodal Transport: Avoiding Legal Problems edited by Diana Faber Neil Cockett on Bunkers by Neil Cockett FIFTH EDITION Informa Professional (a trading division of Informa UK Ltd.) 69-77 Paul Street London EC2A 4LQ Great Britain EAST ASIA PREFACE Informa Asia Sixth Floor, Hollywood Centre 223 Hollywood Road Hong Kong First published in Great Britain 1981 Revised reprint 1984 Second edition 1985 Third edition 1989 Fourth edition 1995 Fifth edition 1998 Reprinted 2001 © Christopher Hill 1981, 1984, 1985, 1989, 1995, 1998 British Library Cataloguing in Publication Data A catalogue record for this book are available from the British library ISBN 1-85978-836-X All rights reserved No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of Informa Professional Whilst every effort has been made to ensure that the information contained in this book is correct neither the editor and contributors nor Informa Professional can accept any responsibility for any errors or omissions or for any consequences resulting therefrom Text set in 10/11 Plantin by Interactive Sciences Ltd Gloucester Printed in Great Britain by MPG Books Ltd, Bodmin, Cornwall A customary gap of approximately five years between editions has been shortened this time to roughly two years which should logically mean that there should be only two fifths of the customary volume of updating to weave into this latest edition However, it is not that simple and the amount of work which my two selfsacrificing and devoted helpers (Alison Shaw-Uoyd, a solicitor and partner of Lewis Moore & Co., and Lewis Moore himself) and I have had to put into this revision has been as great as for the previous edition In attending to the chapter on charterparties which is under my personal care, I have accounted for the latest (1996) version of the Inter-Club Agreement and have extended the commentary on maritime arbitrat~on particularly to include a summary of the more significant provisions of the 1990 Arbitration Act Recent pertinent cases have been woven into the text throughout the chapter and a fresh commentary made upon the subject of repudiation of a charterparty contract Another fresh feature is a description of trip charters which can be found at the beginning of the chapter The Merchant Shipping Act 1995, which has taken effect in England since the previous edition was printed, has been introduced into those chapters to which it relates Being a consolidating Act, it casts its net widely over various subjects dealt with in this book, e.g Chapter (ownership/registration), Chapter and Chapter 10 The chapter on salvage has been updated by the addition of the latest case law (in particular the Nagasaki Spirit) and by a mention of the latest version (1995) of LOE Collisions similarly has been enlarged by recent and relevant case law The chapter to receive probably the most attention in the updating process is Chapter (Admiralty Jurisdiction etc.) where recent cases have been added and the increasing interrelation of European Community Law and English Admiralty Law has necessitated an enlargement of the chapter with greater attention to detail The chapter on pollution has been updated by introducing a commentary on the 1992 Convention (which, in many countries, has replaced the 1969 Civil Liability Convention) and also the 1992 Fund Convention which has replaced the 1971 Convention TOVALOP and CRISTAL have been relegated to recent past history as both those industrial schemes came to an end in February 1997 The chapter on Harbour and Docks which has had a place in the book since it was first written has in this edition been dropped I felt that it had little interest for the vast majority of readers since the very nature of its subject-matter was that v Preface it was only concerned with domestic English law and the reality of this book is that over the years it has gradually transformed from being very largelyan English maritime law text into a text which incorporates and comments as much upon International Conventions and internationally flavoured agreements as on pure English law The law in this edition is as stated at October 1997 To conclude, I acknowledge, as in previous editions, with gratitude the valuable work done by my secretary, Mrs Irene Edwards, in the preparation of this edition She has done it with her characteristic good humour Alison would like to express her sincere gratitude to her secretary, Mrs Vi Rayment, particularly when faced with typing additions/amendments after some weekend work My thanks are also due to Matthew Vafidis of Haight Gardner Holland and Knight, San Francisco and Charles Whited of Murphy Rogers and Sloss, New Orleans, both of whom have given me useful hints and suggestions for updating and improving the American law section of the Pollution chapter CHRISTOPHER HILL CONTENTS Page v ~eface Abbreviations Table of Cases Table of Legislation Table of International Conventions OWNERSHIP AND REGISTRATION Ownership Co-ownership Ownership and registration Who can own a British ship? Historical development The Merchant Shipping (Registration etc) Act 1993 Merchant Shipping Act 1995 Entitlement Port of registry Central register of British ships Marking requirements Refusal to register The certificate of registry Transmission of ownership Transfer of ownership Removal from the register Registration in overseas territories Bareboat charter Small ships register Open registries The International Transport Workers Federation Registration xvii xix xxxiii xxxix • '2 3 9 10 10 12 13 14 15 16 17 18 18 19 21 22 24 SHIP MORTGAGES 27 Mortgage of ship at common law Modern form of statutory mortgage How may an equitable mortgage be effected? Registration of statutory mortgages Legal mortgage of a registered ship (or share) The vital significanceof registration 28 28 30 30 31 31 vii Contents Contents Priorities What is a collateral deed? Transfer of a registered mortgage What is transferred under the mortgage? Fishing nets on trawlers What happens when a mortgage is discharged? What are the rights of the mortgagor? Insurance Power of a mortgagor to sell the ship To what extent has the mortgagor the right to redeem? What are the rights of the mortgagee? Default in mortgage repayments Endangering the security The mortgagee in possession Actual possession Constructive possession The right of a mortgagee to foreclose on the mortgage Power of sale of a mortgagee The position of mortgagee when vesselremoved from British registry Improper exercise of a mortgagee's powers What is a certificate of mortgage? Contents of certificate Convention 32 33 33 34 34 35 35 36 36 38 38 38 38 41 41 41 41 42 44 45 45 45 48 SALE OF SHIP AND SHIPBUILDING 49 ~- CONTRACTS What is a sale? When is a binding agreement reached? Representations Innocent misrepresentations The rule in Hedley Byrne Economic loss under Hedley Byrne Misrepresentation Act 1967 Fraudulent misrepresentations Breaches of contract may be conditions, warranties or intermediate terms What is a condition? What is a warranty? What is an intermediate term? Implied conditions and warranties Express conditions Contract term implied by court to give 'business efficacy' The ability of a seller to exclude his liability What is a consumer sale? What is an international sale? When does property pass? What are the seller's duties? What are the buyer's duties? What are the seller's remedies? What are the buyer's remedies? What is the position when the ship is under charter at time of sale? Sale and purchase practice viii ~ 50 50 52 53 53 54 55 57 57 57 58 58 58 60 61 62 63 63 65 67 67 67 68 70 70 Norwegian Saleform 1993 Execution of bill of sale Examples of broker's involvementlegally The use of ,Mareva' jurisdiction Shipbuilding contracts Formation of contract Duties of a builder Doctrine of frustration Passing of risk Destruction of ship being built What are the builder's remedies? What are the buyer's remedies? 72 75 75 76 78 79 81 81 82 82 82 84 ADMIRALTY JURISDICTION, MARITIME CLAIMS, LIENS AND SOVEREIGN IMMUNITY 91 Admiralty jurisdiction Supreme Court Act 1981 Supreme Court Act 1981, section 22 Exerciseof jurisdiction Nature of action in rem • Advantagesof in rem action \ Procedure for an action in rem Renewal of validity of writ in rem Arrest of a ship 'Alternative ship arrest' Meaning of 'beneficiallyowning' Procedural aspects of arrest of a ship Wrongful arrest What is a maritime lien? Maritime liens and the conflict of laws 'Other charge' 'Ship repairer's lien' The CivilJurisdiction and Judgments Act 1982 (The Brussels Convention) Stay or dismissal of proceedings Position where there is a pre-existing arbitration clause Article 26 of the Brussels Convention What is the appropriate forum? Jurisdiction clauses Immunity of State-owned vessels Sovereignimmunity Historical development 91 93 101 102 102 103 103 105 106 107 110 114 120 120 121 128 128 129 139 145 146 149 160 167 167 167 CHARTERPARTIES 177 Demise charterparties Trip charters Slot charterparties Time charterparties Subject details (charterparties generally) Obligationsof seaworthiness (time or voyagecharterparties) 177 178 179 179 180 180 Ix Contents Contents Time charters Performance-speed and consumption How should speed and consumption claims be calculated? Method (a) Method (b) Charterparty bunkering disputes Safe ports Off-hire Net loss oftime Events preventing the full working of the vessel Deficiencyof men Detention by averageacts What is meant by the words 'any other cause preventing the full working of the vessel'? A right to make deductions from hire Express deductions Equitable deductions Deliveryof cargo without production of original bills of lading Deck cargo liens Where and when should a possessorylien on cargo be exercised? lien on sub-freights Right to lien sub-sub-freights Authority to sign bills of lading What are the duties of a Master re signing bills? To what extent may the Master delegate his authority to sign How far down a charterparty 'chain' may this authority extend? Shipowner's implied right of indemnity To what extent can the question of identity of the carrier be resolved when the vesselis under time charter? The Inter-Club agreement General description Is the Inter-Club agreement legallybinding? What is meant by a 'properly settled' claim? What happens about recoverabilityof legal costs under the agreement? Inter-Club agreement-1996 version Obligation to pay hire and the right of withdrawalof vessel for non-payment Payment to be made in cash Withdrawalmust be permanent, not temporary Anti-technicalityclauses Redelivery What is meant by the 'illegitimate last voyage'? ~PE'93 Voyagecharterparties The charterer's right to cancel Arrival at loading port Where must a vesselhave reached before it can be said to have arrived in the legal sense? Notice of readiness ' Can an invalidNOR become validated when a ship does become ultimately in all respects ready? Laytime When does laytime commence? X 181 181 182 183 184 185 186 188 188 189 190 190 190 191 191 191 192 194 196 197 197 198 199 200 201 202 202 203 203 203 205 206 206 207 208 208 209 210 210 211 213 218 219 220 220 220 221 222 222 Does laytime commence immediately all three of these conditions are met? Who pays for waiting time? How is laytime calculated? Excepted periods from laytime Used laytime What is demurrage? Despatch money 'Full and complete' cargo Freight How is freight calculated? Can deduction be made from freight by way of equitable set-off? Deadfreight Clause of the Gencon charterparty What is meant by the word 'personal' in the context of Clause 2? What is meant by repudiation? Lack of clarity in Charterparty text itself How is a repudiatory breach to be analysed? The innocent party may choose to affirm Maritime arbitration (commentary on significant aspects of London's arbitration service) General comments Private sector litigation • Commercial service \ Pre-1996 Right of appeal Arbitrators powers including power to dismiss cases for want of prosecution Time limits Extension of time The Arbitration Act 1996 The award Right of appeal Can parties exclude judicial review? Costs What is meant by a 'sealed offer'? Doctrine of precedent does not apply 222 222 224 226 227 228 228 228 229 229 230 230 231 231 231 232 232 234 235 235 235 235 236 238 239 239 239 242 242 243 243 243 244 COLLISIONS 245 Loss or damage caused without actual contact The 'agony of the moment' defence 'JYpicalcollisionsituations International regulations for the prevention of collisionsat sea Exhibiting of lights and shapes Causativepotency The 'last opportunity' rule Presumption of fault The 1910 Collision Convention and the Maritime Conventions Act 1911 Loss of life/personalinjury claims Contribution between joint tortfeasors The Law Reform (Contributory Negligence)Act 1945 Multiple collisionsituations Bider Brethren and Nautical Assessors 246 249 250 253 277 281 281 284 284 286 287 287 288 290 xl Contents Contents Limitation period Brief summary of legal procedure in pursuit of a collision claim 'Tug and tow' situations The divided damages rule Division of loss (1) Collision involvingdamage to ship only (2) Collision involvingship and cargo damage only (3) Collision involvingship and cargo damage and loss of life and personal injury to crew Differences of United States law Measure of damages after collision Measure of damages where ship is damaged but not lost Ascertaining the remoteness of damage In what currency should a court or tribunal award damages? Should losses followinga breach of contract be treated differently from losses resulting from a tort? 292 293 293 295 295 296 296 SALVAGE 311 Maritime property Life salvage Voluntariness Instances where the crew of a ship in distress can claim salvage The position of a passenger claiming as salvor Realdanger Part II The salvageservice must be successful if only partially When may a charterer be entitled to claim salvage? When may a cargo owner be entitled to claim salvage? Uoyd's form of salvage agreement (LOF 80) The International Convention of Salvage 1989 Special compensation for preventing or minimising damage to the environment Uoyd's form of salvage agreement (LOF 90) Uoyd's form of salvageagreement (LOF 95) Code of practice between ISU (International SalvageUnion) and International P&I Club Nagasaki Spirit Who contributes to a salvage award? How are values assessed? Ships Car~ Freight at risk Pro rata payment of the salvage award Apportionment as between owners, master and crew of salving vessel Apportionment amongst various sets of salvors or salving ships Wrongful dispossession of earlier salvors by later salvors Possessoryrights of a salvor To what extent may a salvor be held legallyresponsible for the consequences of his negligence? A salvor's ability to limit liability What happens if and when a wrongdoer 'turns salvor'? 312 312 313 314 315 316 318 319 320 320 321 330 334 335 341 xii 297 298 299 301 304 306 307 342 343 346 347 347 ~ 348 349 350 352 353 354 355 358 359 Circuity of action in the context of salvage actions Time limit When does towage become salvage? 360 361 361 TOWAGE 363 Tug-owner's right to limit liability 371 LIMITATION 375 OF LIABILITY Historical development Circumstances where Master or crew member may wish to limit The limitation fund Application of limitation after maritime collision between two vessels at fault Tug and tow situations The Convention on Limitation of Liability for Maritime Claims 1976 Article 1: Persons entitled to limit liability Article 2.1: Claims subject to limitation Article 2.2 Article 3: Claims excepted from limitation Article 4: Conduct barring limitation • Article 5: Counterclaims \ Article 6: The general limits Article 7: The limit for passenger claims Article 9: Aggregation of claims Article 10: Limitation of liability without constitution of a limitation fund Article 11: Constitution of the fund Article 12: Distribution of the fund Article 13: Bar to other actions Article 14: Governing law Time limitations 375 384 389 392 393 395 395 396 398 399 400 403 403 405 406 407 408 409 411 412 413 10 OIL POLLUTION 417 Trespass Public nuisance Private nuisance Civil liability based on International Convention International Convention on' Civil Liability for Oil Pollution 1969 Compulsory insurance International Convention on the Establishment of an International Fund for Compensation 1971 Where does fund incur no obligation? How much in total is the fund obliged to payout? 'Roll-back relief' (Article 5) How pollution damage is variously defined Difference between preventive measures and threat removal measures Environmental damage Tovalop The Cristal agreement Revisionsto Tovalop 419 420 420 420 421 426 426 427 428 428 428 429 430 431 433 434 xIII Contents Contents Cristal revision Liability Limitation of liability Compulsory insurance The Fund Convention 1992 What are the exceptions to the obligations of the fund to pay compensation? What is the maximum amount of compensation the fund must payout? Conversion of units of account There should be a fair distribution of compensation Who contributes to the fund? Can complete uniformity and reciprocity ever be truly achieved? US Oil Pollution legislation Who can be liable? Circumstances creating liability Are there any exceptions to liability? Can a responsible party limit his liability? What will 'break' limitation? Financial responsibility under OPA 1990 Do victims fare better under OPA 90 or 1992 Convention? Insurance for oil pollution liabilities The Amoco Cadiz 434 436 437 438 440 441 441 442 442 442 442 442 443 443 444 444 444 444 445 445 445 446 11 SEAFARERS 449 1992 Civil Liability Convention AND THE SHIP'S MASTER The contract of employment Crew lists Seamen's documents NUMAST (National Union of Marine Aviation and Shipping Transport) Rights and duties of the seaman VVages Historical theory Circumstances where ship is wrecked or lost A seaman's remedies if wages unpaid Payment of wages Allotment of wages Claims against a seaman's wages Certificates of competency and manning Other specialists' positions Other ranks Safe manning scales The employment of aliens in United Kingdom-registered ships VVelfare,safety and accommodation Health Repatriation Deceased seamen Industrial disputes Discipline Disciplinary procedures for the Merchant Navy Stowaways; unauthorized presence on board ship Unfair dismissal xiv 449 451 451 451 452 452 452 453 454 454 455 455 455 456 456 456 457 458 458 458 459 460 460 462 464 464 Liability for injury The role of the ship's Master 465 467 12 PASSENGERS 473 Athens Convention Basis of liability Limit of liability Loss of right to limit Time bar for legal action 477 478 479 480 481 13 PILOTAGE 485 What is a pilot? What is compulsory pilotage? Defence of compulsory pilotage Geographical application of Pilotage Act Obligations under the compulsory pilotage provisions Right of authorized pilot to supersede unauthorized pilot What constitutes an offer of pilotage services? Misconduct of pilot Limitation of a pilot's liability A pilot authority's right to limit ' \ Pilotage charges 485 489 493 493 493 495 496 497 497 498 498 APPENDICES 501 Appendix Merchant Shipping Act 1995 Appendix Bill of Sale (Bodies Corporate and individuals) Appendix Bills of Sale (individuals and joint owners and Body Corporate) Appendix Memorandum of Agreement (Norwegian Saleform 1987) Appendix Memorandum of Agreement (Norwegian Saleform 1993) Appendix New York Produce Exchange Form 1946 Appendix Inter-Club New York Produce Exchange Agreement (1996) Appendix GENCON Appendix Uoyd's Standard Form of Salvage Agreement (1995 revision) and Salvage Agreement Procedural Rules Appendix 10 United Kingdom Standard Conditions for Towage and Other Services (revised 1986) Appendix 11 Convention on Limitation of Liability for Maritime Claims (1976), Articles 15-22 Appendix 12 International Convention on Civil Liability for Oil Pollution Damage 1992 Appendix 13 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 Appendix 14 Parties to: (1) The International Convention on Civil Liability for Oil Pollution Damage, Brussels, 1969 (2) The SDR Protocol 1976 to the CLC 1969 (3) The 1992 Protocol to the CLC 1969 (4) The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, Brussels, 1971 (5) The SDR Protocol 1976 to the Fund Convention 1971 (6) The 1992 Protocol to the Fund Convention 1971 501 505 509 513 519 529 533 537 Index 597 543 553 557 561 573 593 xv ABBREVIATIONS AC All ER AMC App Cas Asp MLC Appeal Cases (3rd series) All England Reports AmericanMaritime Cases Appeal Cases (2nd series) Aspinall'sMaritime Law Cases 1891-Current 1936-Current Current 1875-1890 1871-1940 B & Ald Bos & P Barnewalland Alderson Bosanquetand Puller 1817-1822 1796-1804 CA Ch Ch Rob CPD Court of Appeal Chancery Division Christopher Robinson (Admiralty) Common Pleas Division De G & J De Gex and Jones 1857-1860 E& B ELD Ex Ellis and Blackburn Italian Law Reports ExchequerReports 1851-1858 Current 1847-1856 H& C Hag Adm HL Hurlstone & Coltman Haggard (Admiralty) House of Lords 1862-1866 1822-1838 IMO International Maritime Organizations(formerlyIMCO) KB King's Bench 1901-1952 LJ LJCP LJP U.L.Rep Uoyd's Rep LRA & E LR CP LR HL LR QB LR Eq LT Lush LawJournal Reports LawJournal Reports (Common Pleas) LawJournal Reports (Probate, Divorceand Admiralty) Uoyd's List Law Reports Uoyd's Law Reports Admiraltyand EcclesiasticalCases Common Pleas Cases Englishand Irish Appeals Queen's Bench Equity Cases Law Times Reports Lushington (Admiralty) 1831-1949 1831-1880 1831-1949 1919-1950 195O-Current 1865-1875 1865-1875 1866-1875 1865-1875 1866-1875 1859-1947 1859-1862 M&W Moo PC Meeson & Welsby E F Moore 1836-1847 1836-1862 • \ 1799-1808 1875-1880 xvII Abbreviations P PC PD Probate Division (3rd series) Privy Council Probate Division (2nd series) 1891-Current QB QBD Queen's Bench Queen's Bench Division 1891-Current 1875-1890 RSC Rules of the Supreme Court SI S& S Statutory Instrument Schip en Schack (Dutch Law Reports) Current TI R Times Law Reports 1884-1952 WLR WeeklyLaw Reports 1953-Current 1875-1890 TABLE OF CASES [page numbers printed in bold indicate either where text from a case is quoted or where the facts of a particular case are set out] AIS Atlantica v Moran Towing & Transportation Co Inc [1974] AMC 555, US Court of Appeals 373 Abidin Daver, The [1984] Uoyd's Rep 339; [1984] WLR 196, HL 149,150 Acrux, The [1962] Uoyd's Rep 405 37,120 Aditya Vainbhav,The [1993] Uoyd's Rep 63 192 Adler v Dickson [1954] Uoyd's Rep 267, CA 473, 474 Admiralty v The Camroux [1958] Uoyd's Rep 378 282 Admiralty Commissioners v Cox and King (1927) 27 U.L.Rep 223, CA 84,85 Admiralty Commissioners v SS Volute, U.L.Rep 71, 439; [1922] AC 129, HL 282 Aegnoussiotis,The [1977] Uoyd's Rep 268 196 Afovos,The [1983] Uoyd's Rep 335, HL \ 209 Agios Giorgis, The [1976] Uoyd's Rep 192 :\ 196 Aktion, The [1987] Uoyd's Rep 283 72 Al Battani, The [1993] Uoyd's Rep 219 163 Al Bida, The [1987] Uoyd's Rep 124, CA 182 Al Tabith and Alanfushi, The [1993] Uoyd's Rep 214 414 Al Tawfiq,The [1984] Uoyd's Rep 598 72, 73 Al Tawwab,The [1991] Uoyd's Rep 201 141 Albionic, The (1941) 70 U.L.Rep 257 315 Alcorn v Republic of Columbia [1984] Uoyd's Rep 368, CA 174 Aldebaran, The See Esso Brussels, The Aldora, The [1975] Uoyd's Rep 617 362 Alev,The [1989] Uoyd's Rep 138 197,210 Alexander Shukoff (SS) v SS Gothland, UL.Rep 259, 305; U.L.Rep 237; [1921] AC 216, HL 489 AlfredToepfer International v Itex Italgrani Export [1993] Uoyd's Rep 360 234 AlfredTrigon, The [1981] Uoyd's Rep 333 61,73,76,77 Aliakmon, The [1986] Uoyd's Rep 1, HL 54 Alletta, The [1965] Uoyd's Rep 479; [1966] Uoyd's Rep 573, CA 491, 492 Alletta, The [1973] Uoyd's Rep 375, CA 381 Alletta, The [1974] Uoyd's R~p 40 123, 124 Almak, The [1985] Uoyd's Rep 559 201 Alnwick,The [1965] Uoyd's Rep 69 413 Alter Tabith, The and The Alan Fushi [1995] Uoyd's Rep 336 : 292 American Farmer, The (1947) 80 UL.Rep 672 316,352,353 Amsterdam London VerzekeringMaats NY v NY Rederij VIH Gebr Goedkoop, 27 November 1974, No 30 S & S 1975, Amsterdam District Court 373 Andrea Ursula, The [1971] Uoyd's Rep 145 110 Angelic Spirit, The and The Y Mariner [1994] Uoyd's Rep 595 267 Anglo-Saxon Petroleum Co Ltd v Damant See Anglo-Saxon Petroleum Co Ltd v The Admicalty Anglo-SaxonPetroleum Co Ltd v The Admiralty; Same v Damant (1947) 80 U.L.Rep 459, CA , 355, 356 Anna H, The, [1995] Uoyd's Rep 11; LMLN 388, CA 119, 129, 132, 135, 137 Anna L, The [1994] Uoyd's Rep 379 292 xix Table of Cases Annangel Glory, The [1988] Uoyd's Rep 45 80, 199 Anneliese, The [1970] Uoyd's Rep 355, CA 284 Annie Hay, The [1968] Uoyd's Rep 141 384 Antares II, The and The Victory [1996] Uoyd's Rep 482 92,291 Antonis P Lemos, The [1985] Uoyd's Rep 283, HL 97 Apollon, The [1971] Uoyd's Rep 476 368 Apollonius, The [1978] Uoyd's Rep 53 182 Aquacharm, The [1980] Uoyd's Rep 237 189 Arantzazu Mendi, The, 63 U.L.Rep 89; [1939] AC 256, HL 117 Aratra Potato Co Ltd and MoreIlo International Ltd v Owners of the E1 Amria See EI Amria, The Arctic Trader, The [1996] Uoyd's Rep 449 200, 201 Argentino, The (1888) 13 PD 191, CA; 14 App Cas 519, HL 303 Argo Hope, The [1982] Uoyd's Rep 559 265,266 Argonaftis, The [1989] Uoyd's Rep 487 300 Aries, The [1977] Uoyd's Rep 334, HL 230 Astra Trust v Adams and Williams [1969] Uoyd's Rep 81 60 Athanasia Comninos, The [1990] Uoyd's Rep 277 203 Athelvictor, The (1945) 78 U.L.Rep 529 387 Atlantic Baron, The [1979] Uoyd's Rep 89 81 Atlantic Song, The [1983] Uoyd's Rep 394 162 Atlantic Star, The [1973] Uoyd's Rep 197, HL 92,150 Atlantic Trader, The [1991] Uoyd's Rep 324 100 Atlas Shipping Agency v Suisse Atlantique and others [1995] Uoyd's Rep 188 76, 131 Attika Hope, The [1988] Uoyd's Rep 439 198 Attorney-General v PYA Quarries [1957] QB 169, CA 420 Auriga, The [1977] Uoyd's Rep 384 271, 272 Aventicum, The [1978] Uoyd's Rep 184 111 Baiona, The [1991] Uoyd's Rep 121 239 Baleares, The [1990] Uoyd's Rep 130; [1991] Uoyd's Rep 349, CA 219,237 Baleares, The [1993] Uoyd's Rep 215, CA 219 Banca Agricola di Greci v Impresa Cesara Davanzali [1975] ELD 686, Ancona CA, Italy 348 Banco, The [1970] Uoyd's Rep 230; [1971] Uoyd's Rep 49, CA 104 Barras v Aberdeen Steam Trawling Co (1933) 45 U.L.Rep 199, HL 453 Basildon, The [1967] Uoyd's Rep 134 36 Bazias 3, The [1993] Uoyd's Rep 101, CA 148 Bazias 4, The [1993] Uoyd's Rep 101, CA 148 Beaver, The (1800) Ch Rob 92 314 Beaverford, The v The Kafiristan [1938] AC 136, HL 359 Behnke v Bede Shipping Co, 27 UL.Rep 24; [1927] KB 649 49 Benlawers, The [1989] Uoyd's Rep 51 205 Bergen, The [1997] Uoyd's Rep 380 134-135, 166 Berge Sund, The [1992] Uoyd's Rep 460; [1993] Uoyd's Rep 453, CA 190 Berkshire, The [1974] Uoyd's Rep 185 199, 468 Berny, The [1977] Uoyd's Rep 533 103,104 Berwyn, The [1977] Uoyd's Rep 99, CA 388 Bineta, The [1966] Uoyd's Rep 419 25, 67, 93 Black Falcon, The [1991] Uoyd's Rep 77 211 Blanche, The (1888) 58 LT 592 40 Blankenstein, The [1985] Uoyd's Rep 93, CA 68 Blitz, The [1992] Uoyd's Rep 441 37, 120 Blyth Shipbuilding & Dry Docks Co Ltd, Re (1926) 24 UL.Rep 139, CA 79 Bold Bucc1eugh,The (1852) Moo PC 267 122 BoleslawChrobry, The [1974] Uoyd's Rep 308 251 Botany Triad and Lu Shan, The [1993] Uoyd's Rep 259 410 Boucraa, The [1993] Uoyd's Rep 149, CA; [1994] Uoyd's Rep 251, HL 238 XX Table of Cases Bowbelle, The [1990] Uoyd's Rep 532 402,412 283 Boy Andrew, The v St Rognvald (Owners) (1947) 80 U.L.Rep 559, HL Bramley Moore, The [1963] Uoyd's Rep 429, CA 393,394 230 Brede, The [1973] Uoyd's Rep 333, CA Bremer Vulkan Schiffbau und Maschinenfabrik v South India Corp; Gregg v Raytheon Ltd 238 [1981] Uoyd's Rep 253, HL 399 Breydon Merchant, The [1992] Uoyd's Rep 373 496 Buck v 1)rrrel (1922) 10 U.L.Rep 74 Buena Trader, The [1977] Uoyd's Rep 27; [1978] Uoyd's Rep 325, CA 51,68,70 58 Bunge Corp v Tradax Export SA [1981] Uoyd's Rep 1, HL 249 Bywell Castle, The (1879) PD 219, CA 62 CPC Gallia, The [1994] Uoyd's Rep 68 283 CaIIiope, The [1970] Uoyd's Rep 84 42 Calm C, The [1975] Uoyd's Rep 188, CA, British Columbia Caltex v BP [1996] Uoyd's Rep 286 155, 156 62 Catnmell-Laird & Co Ltd v Manganese Bronze & Brass Co Ltd [1934] AC 402, HL 60 Canadian Yacht Sales v MacDonald [1977] Uoyd's Rep 298, Sup Ct, Ontario 53 Candler v Crane, Christmas & Co [1951] KB 164, CA 146 Cap Bon, The [1967] Uoyd's Rep 543 Caparo Industries v Dickinson [1990] AC 605, HL 54 Capitan San Luis, The [1993] Uoyd's Rep 573 .410, 411 Capricorn, The See Antares Shipping Corp v Delmar Shipping and Portland Shipping Co , Inc 359 Cargo ex Capella (1867) LR A & E 356 " 372 Carlton, The (1931) 40 U.L.Rep 101 106 Carmania II, The [1963] Uoyd's Rep 152 248 Carnival, The [1994] Uoyd's Rep 14 (CA) Caroline P, The [1984] Uoyd's Rep 466 · · ··· ·· · · · 200 397 Caspian Basin v Bouygues (No 4) [1997] Uoyd's Rep 507 Cavendish, The [1993] Uoyd's Rep 292 494,495 198 Cebu, The [1983] Uoyd's Rep 302 40 Celtic King, The [1894] P 175 247 Centurity, The [1963] Uoyd's Rep 99 263 Century Dawn, The v Asian Energy [1994] Uoyd's Rep 138 117 Cerro Colorado, The [1993] Uoyd's Rep 58 310 Chikiang, The [1926] AC 637, HL 209 Chikuma, The [1981] Uoyd's Rep 371, HL 328 Choko Star, The [1987] Uoyd's Rep 508, CA Choko Star, The [1990] Uoyd's Rep 516, CA 197,321 197 Chrysovalandou Dyo, The [1981] Uoyd's Rep 159 Chugaway 2, The [1973] Uoyd's Rep 159, Exchequer Court (Admiralty), Canada 381,382 Citi-March Limited v Neptune Orient Lines Limited [1997] Uoyd's Rep 72 164, 165 488 Clark v Hutchinson (1924) 18 U.L.Rep 27 Clayton v Albertson [1972] Uoyd's Rep 457 490,491 474 Cockerton v Naviera Aznar SA [1960] Uoyd's Rep 450 40 Collins v Lamport (1864) 11 LT 497 : Colorado, The (1923) 14 U.L.Rep 251, CA 32,33 Compania Mercantil Argentina v United States Shipping Board (1924) 18 U.L.Rep 369, 167 CA · · ·· ·· ···· · ····· ···· · ···· 372 Conoco Arrow, The [1973] Uoyd's Rep 86 Conoco Britannia, The [1972] Uoyd's Rep 342 · · · · ·· · · 372 Continental Bank v Aeakos Compania Naviera SA [1994] Uoyd's Rep 505 135, 165, 166 Coral I, The [1982] Uoyd's Rep 441 258, 278 152 Coral Isis, The [1986] Uoyd's Rep 413 40 Cory Bros & Co v Stewart (1886) TLR 508, CA 168 Cristina, The, 60 UL.Rep 147; [1938] AC 485, HL 95 Currie v M'Knight [1897] AC 97, HL xxi Fund Convention, 1992 may withdraw it at any time by means of a notification addressed to the Secretary-General of the Organization Any such withdrawal shall take effect on the date the notification is received, and any State making such a withdrawal shall be deemed to have deposited its instrument of ratification, acceptance, approval or accession in respect of this Protocol on that date Any State which has made a declaration under Article 13, paragraph 2, of the Protocol of 1992 to amend the 1969 Liability Convention shall be deemed to have also made a declaration under paragraph of this Article Withdrawal of a declaration under the said Article 13, paragraph 2, shall be deemed to constitute withdrawal also under paragraph of this Article Article 31 Denunciation of the 1969 and 1971 Conventions Subject to Article 30, within six months following the date on which the following requirements are fulfilled: (a) at least eight States have become Parties to this Protocol or have deposited instruments of ratification, acceptance, approval or accession with the SecretaryGeneral of the Organization, whether or not subject to Article 30, paragraph 4, and (b) the Secretary-General of the Organization has received information in accordance with Article 29 that those persons who are or would be liable to contribute pursuant to Article 10 of the 1971 Fund Convention as amended by this Protocol have received during the preceding calendar year a total quantity of at least 750 million tons of contributing oil; each Party to this Protocol and each State which has deposited an instrument of ratification, acceptance, approval or accession, whether or not subject to Article 30, paragraph 4, shall, if party thereto, denounce the 1971 Fund Convention and the 1969 Liability Convention with effect twelve months after the expiry of the above-mentioned six-month period Article 32 Revision and amendment A conference for the purpose of revising or amending the 1992 Fund Convention may be convened by the Organization The Organization shall convene a Conference of Contracting States for the purpose of revising or amending the 1992 Fund Convention at the request of not less than one third of all Contracting States Article 33 Amendment of compensation limits Upon the request of at least one quarter of the Contracting States, any proposal to amend the limits of amounts of compensation laid down in Article 4, paragraph 4, of the 1971 Fund Convention as amended by this Protocol shall be circulated by the SecretaryGeneral to all Members of the Organization and to all Contracting States Any amendment proposed and circulated as above shall be submitted to the Legal Committee of the Organization for consideration at a date at least six months after the date of its circulation 587 Appendix 13 All Contracting States to the 1971 Fund Convention as amended by this Protocol, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Legal Committee for the consideration and adoption of amendments Amendments shall be adopted by a two-thirds majority of the Contracting States present and voting in the Legal Committee, expanded as provided for in paragraph 3, on condition that at least one-half of the Contracting States shall be present at the time of voting When acting on a proposal to amend the limits, the Legal Committee shall take into account the experience of incidents and in particular the amount of damage resulting therefrom and changes in the monetary values It shall also take into account the relationship between the limits in Article 4, paragraph 4, of the 1971 Fund Convention as amended by this Protocol and those in Article V, paragraph of the International Convention on Civil Liability for Oil Pollution Damage, 1992 (a) No amendment of the limits under this Article may be considered before 15 January 1998 nor less than five years from the date of entry into force of a previous amendment under this Article No amendment under this Article shall be considered before this Protocol has entered into force (b) No limit may be increased so as to exceed an amount which corresponds to the limit laid down in the 1971 Fund Convention as amended by this Protocol increased by six per cent per year calculated on a compound basis from 15 January 1993 (c) No limit may be increased so as to exceed an amount which corresponds to the limit laid down in the 1971 Fund Convention as amended by this Protocol multiplied by three Any amendment adopted in accordance with paragraph shall be notified by the Organization to all Contracting States The amendment shall be deemed to have been accepted at the end of a period of eighteen months after the date of notification unless within that period not less than one-quarter of the States that were Contracting States at the time of the adoption of the amendment by the Legal Committee have communicated to the Organization that they not accept the amendment in which case the amendment is rejected and shall have no effect An amendment deemed to have been accepted in accordance with paragraph shall enter into force eighteen months after its acceptance All Contracting States shall be bound by the amendment, unless they denounce this Protocol in accordance with Article 34, paragraphs and 2, at least six months before the amendment enters into force Such denunciation shall take effect when the amendment enters into force 10 When an amendment has been adopted by the Legal Committee but the eighteenmonth period for its acceptance has not yet expired, a State which becomes a Contracting State during that period shall be bound by the amendment if it enters into force A State which becomes a Contracting State after that period shall be bound by an amendment which has been accepted in accordance with paragraph In the cases referred to in this paragraph, a State becomes bound by an amendment when that amendment enters into force, or when this Protocol enters into force for that State, if later Article 34 Denunciation This Protocol may be denounced by any Party at any time after the date on which it enters into force for that Party 588 Appendix 13 States which are bound by this Protocol on the day before the date it ceases to be in force shall enable the Fund to exercise its functions as described under Article 37 of this Protocol and shall, for that purpose only, remain bound by this Protocol Article 37 Winding up of the Fund If this Protocol ceases to be in force, the Fund shall nevertheless: (a) meet its obligations in respect of any incident occurring before the Protocol ceased to be in force; (b) be entitled to exercise its rights to contributions to the extent that these contributions are necessary to meet the obligations under sub-paragraph (a), including expenses for the administration of the Fund necessary for this purpose The Assembly shall take all appropriate measures to complete the winding up of the Fund including the distribution in an equitable manner of any remaining assets among those persons who have contributed to the Fund For the purposes of this Article the Fund shall remain a legal person Article 38 Depositary This Protocol and any amendments accepted under Article 33 shall be deposited with the Secretary-General of the Organization The Secretary-General of the Organization shall: (a) inform all States which have signed or acceded to this Protocol of: (i) each new signature or deposit of an instrument together with the date thereof; (ii) each declaration and notification under Article 30 including declarations and withdrawals deemed to have been made in accordance with that Article; (iii) the date of entry into force of this Protocol; (iv) the date by which denunciations provided for in Article 31 are required to be made; (v) any proposal to amend limits of amounts of compensation which has been made in accordance with Article 33, paragraph 1; (vi) any amendment which has been adopted in accordance with Article 33, paragraph 4; (vii) any amendment deemed to have been accepted under Article 33, paragraph 7, together with the date on which that amendment shall enter into force in accordance with paragraphs and of that Article; (viii) the deposit of an instrument of denunciation of this Protocol together with the date of the deposit and the date on which it takes effect; (ix) any denunciation deemed to have been made under Article 34, paragraph 5; (x) any communication called for by any Article in this Protocol; (b) transmit certified true copies of this Protocol to all Signatory States and to all States which accede to the Protocol As soon as this Protocol enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations 590 APPENDIX 14 PARTIES TO: (1) THE INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE, BRUSSELS, 1969 (2) THE SDR PROTOCOL 1976 TO THE CLC 1969 (3) THE 1992 PROTOCOL TO THE CLC 1969 (4) THE INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE, BRUSSELS, 1971 (5) THE SDR PROTOCOL 1976 TO THE FUND CONVENTION 1971 (6) THE 1992 PROTOCOL TO THE FUND CONVENTION 1971 Albania Algeria Australia Bahamas Bahrain Barbados Belgium Belize Benin Botswana Brazil Brunei Darussalam Cambodia Cameroon Canada Chile China CLC/SDR CLC CLC/SDRl1992 CLC/SDR CLC/SDRl1992 CLC/SDR CLC/SDR CLC/SDR FundlSDR Fund FundlSDRl1992 FundlSDR FundlSDRl1992 FundlSDR FundlSDR CLC CLC CLC Fund CLC/SDR Fund CLC CLC/SDR CLC/SDR Fund FundlSDR CLC CLC/SDR 593 Appendix 14 Colombia Croatia Cyprus Denmark Dominican Republic Djibouti Ecuador Egypt Equatorial Guinea Estonia Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Guatemala Iceland India Indonesia Iraq Ireland Israel Italy Ivory Coast Japan Kazakhstan Kenya Kiribati Korea, Republic of Kuwait Latvia Lebanon Liberia Luxembourg Malaysia Maldives Malta Marshall Islands Mauritania Mauritius Mexico Monaco Morocco Netherlands New Zealand Nicaragua 594 CLC/SDR CLC CLC/SDR CLC/SDR/1992 CLC CLC CLC CLC/SDR/1992 CLC CLC CLC CLC/SDR/1992 CLC/SDR/1992 CLC CLC CLC/SDR CLC/SDR/I992 CLC CLC/SDR/I992 CLC CLC/SDR CLC/SDR CLC CLC/SDR CLC/SDR CLC/SDR CLC/SDR CLC CLC/SDR/1992 CLC CLC CLC (provisional) CLC/SDR CLC/SDR CLC CLC CLC/SDR/I992 CLC/SDR CLC CLC/SDR CLC/SDR CLC/SDR/1992 CLC/SDR CLC/SDR CLC/SDR/I992 CLC/1992 (from 8/11/97) CLC CLC/SDR/I992 (from 15/11/97) CLC CLC/SDR Fund Fund/SDR Fund/SDR/1992 Fund Fund Fund Fund/SDR/1992 Fund/SDR/1992 Fund Fund Fund/SDR/1992 Fund Fund/SDR/1992 Fund/SDR Fund/SDR Fund Fund/SDR Fund/SDR Fund/SDR Fund/SDR Fund Fund/SDR/1992 Fund Fund Fund Fund/SDR/1992 Fund Fund Fund/SDR Fund/SDR/1992 Fund Fund/SDR Fund/SDR/1992 Fund/1992 (from 8/11/97) Fund/SDR Fund/SDR/1992 (from 15/11/97) Parties to Conventions Nigeria Norway Oman Panama Papua New Guinea Peru Poland Portugal Qatar Russian Federation Saudi Arabia Senegal Seychelles Sierra Leone Singapore Slovenia Solomon Islands South Africa Spain Sri Lanka St Kitts and Nevis St Vincent and Grenadines Sweden Switzerland CLC CLC/SDR/1992 CLC/SDR/1992 CLC CLC CLC/SDR CLC/SDR CLC/SDR CLC/SDR CLC/SDR CLC/SDR CLC CLC CLC CLC/SDR CLC CLC (provisional) CLC CLC/SDR/1992 CLC CLC CLC CLC/SDR/1992 CLC/SDR/1992 (from 417197) Syrian Arab Republic Tonga Tunisia Tuvalu United Arab Emirates United Kingdom Vanuatu Venezuela Yemen Yugoslavia CLC CLC CLC CLC CLC/SDR CLC/SDR/1992 CLC/SDR CLC/SDR CLC/SDR CLC Fund Fund/SDR/1992 Fund/1992 Fund Fund/SDR Fund/SDR Fund Fund/SDR Fund Fund Fund Fund/SDR/1992 Fund Fund Fund/SDR/1992 Fund/1992 (from 4/7/97) Fund Fund Fund Fund Fund Fund/SDR/1992 Fund/SDR Fund/SDR Fund NOTES: Parties as at December 1996 Details of current parties held by International Maritime Organization, London For further information concerning the parties to this Convention, including reservations, see The Ratification of Maritime Conventions, produced by the Institute of Maritime Law The 1976 SDR Protocol to the Fund Convention came into force on 22 November 1994 Prior to that the Fund Assembly, by a resolution of November 1978, laid down a conversion rote of 15 francs to SDR and, by a resolution of November 1987, amended the Fund limitation figures to show both gold francs and SDR United Kingdom rotification extended to Anguilla, Belize, Bermuda, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands and Dependencies, Gibraltar, Gilbert Islands, Guernsey, Hong Kong, Isle of Man, Jersey, Montsermt, Pitcairn, St Helena and Dependencies, Soloman Islands, Turks and Caicos Islands, Tuvalu and the UK SovereignBaseAreas of Akrotiri and Dhekelia in Cyprus The 1992 Protocols to the CLC and the Fund Convention came into force on 30 May 1996 595 INDEX Accidents, 465-466 Admiralty Court Elder Brethren, 290-292 mortgage disputes, 46-48 Admiralty jurisdiction, 91-175 action in personam, 91-93, 101-103, 132 action in rem, 91-101, 102-106, 132-134 appropriate forum, 149-160 arrest See Arrest of ship beneficial ownership, 110-114 Brussels Convention See Brussels Convention forum shopping, 92-93 immunity of state-owned vessels, 167 jurisdiction clauses, 160-166 Lugano Convention, 129 sovereign immunity, 167-175 stay or dismissal of proceedings, 139-145 Admiralty Marshal arrest of ship procedures, 116-117 Admiralty Registry, 117 Admiralty Solicitors Group, 116 Aliens employment, 457-458 Amoco Cadiz disaster, 446-447 Apportionment amongst various sets of salvors or salving ships, 352-353 salvage award between owners, master and crew of salving vessel, 350-352 Arbitration, 129, 131 arrest of ship when arbitration clause preexists, 145-149 award, 242 Brussels Convention, 146-149 commercial service, 235-236 costs, 243 doctrine of precedent not applicable, 244 extension of time, 239, 240 judicial review, 237, 243 oral hearings, 237 process, 235-244 right of appeal, 236-238, 242-243 sawage,326-330, 336-337, 340-341 'sealed offer', 243-244 Arbitration-cont time limits, 239, 240 Arbitration Act 1996, 239-244 Arbitrators, 236, 240 powers, 238-239 Arrest of ship, 106 affidavit, 115 alternative ship, 107-109 bail, 116, 119 caveat, 116 changes of ownership, 123-124 custodial rights, 119 enforcement of judgments, 129-167 enforcement of maritime lien, 123 immunity of state-owned vessels, 167 in personam, 114, 132 in rem, 114-115, 132-134 International Convention on the Arrest of Sea-going Ships 1952,91, 132-139 intervention of third party, 118 possessory rights, 119 procedures, 114-166 release from arrest, 119-120 sale of ship free from mortgages and encumbrances, 120 security, 116, 119-120 stay or dismissal of proceedings, 139-145 warrant, 116-118 when there is a pre-existing arbitration clause, 145-149 wrongful arrest, 120 Association of Norwegian Marine Yards shipbuilding contract form, 79 Association of Ship Brokers and Agents New York Produce Exchange Form 1946, 529-532 Association of West European Shipbuilders (AWES) shipbuilding contract form, 79 Athens Convention, 477-484 and the 1976 London Convention, 481 basis of liability, 478-479 limit of liability, 479-480 loss of right to limit, 480-481 time bar for legal action, 481-483 597 Index Awards foreign cunency, 306-309 pro rata payment of salvage, 349-350 salvage, 337, 346-347 Baggage claims, 97 Baltic Exchange arbitrators, 236 Baltic Maritime Council (BIMCO) CJenconform, 537-541 Bankable chaner, 47-48 Bankruptcy transfer of a registered mortgage, 33 Bareboat charter, 18-19 See also Demise chanerer Bill of lading, 177, 192-193 authority to sign, 199-202 delivery of cargo without producing, 192-194 duties of a Master re signing, 200-201, 467-469 liens, 196-197 Master delegating authority to sign, 201-202,468 Bill of sale execution, 75 forms, 505-512 sale of ships, 66 transfer of ownership, 16-17, 75 under seal, 75 where buyer is a foreign national, 75 Bottomry bond, 469 maritime lien, 101, 124 Breaches of contract repudiation of charterparty, 232 sale of ships, 57-70 Brussels Convention, 129-166 and the Arrest Convention 1952, 132-139 arbitration, 146-149 contracting states, 129 domicile, 129-139 Bunkers chanerparty disputes, 185-186 Cargo 'fuII and complete', 228-229 salvaged value, 347-348 stowage, 229 time-barred claims, 207 transfer of a registered mortgage, 34 Cargo owners claiming salvage, 320-321 Central register of British ships, 10-11 Merchant Shipping Act 1995,501-503 Certificate of mongage, 45-46 cancelIation, 46 contents, 45-46 598 Certificate of mongage-cont endorsement of discharge of mongage, 46 replacement in event of loss, 46 Certificate of registry, 14 15 cancelIation, 18 changes of details, 14 contents, 15 e~denceofownership, 14 expiry, 15, 44-45 renewal, 15,44-45 sunender, 14 uses, 14 Cenificates of competence and manning, 455-457 Channel Islands registration, 18 Chanerer arrest of ship, 106, 108, 109 claiming salvage, 320 See also Demise charterer; Time charterer Chanerpanies, 177-244 {}encon,231,537-541 subject details, 180 text of chanerparty lacking clarity, 232-234 warranties and conditions, 232 See also Demise chanerpanies; Time chanerpanies; Voyage chanerparties Ciw Jurisdiction and Judgements Act 1982 See Brussels Convention Ciw liability oil polIution, 420-426 Ciw Liability Convention 1992, 436-443 compulsory insurance, 440-441 liability, 437-440 See also International Convention on Ciw Liability for Oil Pollution Damage, 1992 Claims action in personam, 91-93, 101-102, 132 action in rem, 91-101, 102-106, 132-134 ColIaterai deed, 33 Collisions, 245-310 action to avoid, 259-262 'agony of the moment' defence, 249 ascenaining remoteness of damage, 304 306 burden of proof of negligence, 246 causative potency, 281 claim procedure, 293 claims, 96, 122 contributions between joint tortfeasors, 287-288 Convention 1910,284 crossing situation, 266-271 determining risk, 258-259 di~ded damages rule, 295-299 exhibiting of lights and shapes, 277-281 'head on' situation, 265-266 international regulations for prevention, 253-281 Index Collisions cont jurisdiction in personam, 101-102 'last opportunity' rule, 281-284 loss of life claims, 286-287 loss or damage without actual contact, 246-249 maritime lien, 124 Master's duties, 280-281 measure of damages after collision, 299-301 measure of damages where ship is damaged but not lost, 301-304 multiple collision situations, 288-290 overtaking situation, 264-265 personal injury claims, 286-287 presumption of fault, 284 safe speed, 257 traffic separation schemes, 262-264 'tug and tow' situations, 293-295 typical situations, 250-253 Conflict of law maritime liens, 121-128 Consumer sale, 63-64 Containers slot charterparties, 179 Contract of employment See Employment contract Contracts for sale of ships, 49-78 binding agreement, 50-52 breaches, 57-70 buyer's duties, 67 buyer's remedies, 68-69 chartered ship, 70 compared to shipbuilding contracts, 88 conditions, 57 consumer sale, 63-64 exclusion clauses by seller, 62-64 express conditions, 60-61 'free from average' clause, 60-61 Hedley Byrne rule, 53-54 implied conditions and warranties, 58-60 intermediate term, 58-60 international sale, 63-65 Mareva injunction, 76-78 misrepresentations, 53-57 passing of property from seller to buyer, 65-67 'reasonableness test' for terms, 65 representations, 52-57 rescission, 55, 56, 57 seller's duties, 67 seller's remedies, 67-68 'subject to contract', 60 'subject to satisfactory survey', 60 term implied by court, 61 terms, 57-70 unconditional, 67 warranties, 58 See also Shipbuilding contracts Contracts of passage, 473-483 Athens Convention, 477-484 exclusion clauses, 473-476 misrepresentation, 476 personal injury, 473, 480 Unfair Contract Terms Act 1977,477 Convention on Limitation of liability for Maritime Claims 1976, 376, 395-412, 557-560 and the Athens Convention, 481 Convention on the limitation of liability of Owners of Sea-going Ships 1957,376 Corporate ownership, registration, 12 Crew employer's liability for injury, 465-466 entitlement to claim salvage, 314-315 limitation of liability, 384-389 nationality, 21 safe manning scales, 456-457 wages lien, 100, 124, 125-127,454 See also Seamen Crew agreement, 449-451 closure, 451 Crew lists, 451 Cristal Agreement, 429, 433-434 revisions, 434-435 Crown, The proceedings against, 167 Damages ascertaining remoteness, 304-306 Athens Convention, 478-480 breach of warranty, 58, 232 claims, 94-98 contract, 55-57 divided collision damages rule, 295-299 foreign currency of awards, 306-309 measure after collision, 299-301 measure where ship is damaged but not lost, 301-304 negligent misrepresentation, 55-57 tort, 55 Dangerous goods Master's powers, 469 Deadfreight, 230-231 Death seamen, 459, 466 transfer of a registered mortgage, 33-34 Defence of the Realm Act 1914, 493 Demise charterer application of 'beneficial ownership', 110-112 arrest of ship, 106, 108, 109 rights, 177 Demise charterparties, 177-178 Demurrage, 228 599 Index Deposit dispute over ownership following cancellation of contract, 75-76 Despatch money, 228 Disbursements claim, 100, 124 Discharge of mortgage, 35, 46 Discipline merchant navy, 462-464 seamen, 460-464 Disputes arbitration, 131, 145-149,235-244 mortgage, 46-48 Doctors employment on board, 458 Doctrine of frustration, 81, 453 Domicile Brussels Convention, 129-139 Elder Brethren, 290-292 Employment aliens, 457-458 shipowner's liability for injury to crew, 465-466 unfair dismissal, 464-465 Employment contract dissolution, 451 doctrine of frustration, 453 seamen, 449-451 Enforcement of judgments Brussels Convention, 129-166 LuganoConvention, 129 sovereign immunity, 167-175 English language, 457 Environment damage, 430-431 salvage, 331-332, 334-335, 338-343 Fault limitation ofliability, 378-384, 388 Fees of solicitors claim, 100 Fishing vessels definition, 11 evidence of title required to accompany registration application, 12 ownership, registration, 6-7, 9, 11 simple registration, 15 Flags of convenience, 21-22 International Transport Workers Federation (ITF),22-24 Nawala litigation, 23 Force majeure delay, 81,82 Foreclosure on the mortgage right of mortgagee, 41-42, 43 Foreign currency awards, 306-309 600 Forms Bill of sale, 505-512 Gencon charterparty, 537-541 Uoyd's Standard Form of Salvage Agreement (LOF 95), 543-552 New York Produce Exchange Form 1946, 529-532 Norwegian Saleform 1987,513-518 Norwegian Saleform 1993, 519-527 UK Standard Condition for Towage and Other Services (1986), 553-556 Forum shopping, 92-93 Fraud misrepresentation, 57 Freight calculation, 229-230 deadfreight, 230-231 salvaged value, 348-349 voyage charterparties, 218, 229-231 Frustration, doctrine of, 81, 453 Fund Convention 1971 See International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 Fund Convention 1992 See International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 Gencon charterparty Clause 2, 231 form, 537-541 Government ship immunity from arrest, 167 maritime lien, 96 registration regulations, Health of seamen, 458, 466 Hedley Byrne rule, 53-54 Hong Kong flags of convenience, 21 Immunity sovereign, 167-175 state-owned vessels, 167 Industrial disputes, 460 Industrial relations Nawala litigation, 23 Insurance arrest, salvor's lien, collision lien and general average disbursements, 116 mortgagee, 36, 38 mortgagor, 36 oil pollution, 426, 440 shipbuilder, 89 Insurance premiums claim, 100 Index Inter-Club New York Produce Exchange Agreement 1996, 203-208, 533-535 International Convention of Salvage 1989, 313, 322,330-334 International Convention on the Arrest of Sea-going Ships 1952 (Arrest Convention),91 and the Brussels Convention, 132-139 International Convention on Civil Liability for Oil Pollution Damage 1969,421-426 parties to, 593-595 International Convention on Civil Liability for Oil Pollution Damage 1992,435 text, 561-572 See also Civil Liability Convention 1992 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971,423,426-433 parties to, 593-595 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992,441-443 contributors, 442 text, 573-591 International Convention on Maritime Liens and Mortgages 1993, 48, 127-128 list of liens, 127-128 International Group P & I Club code of practice with ISU, 342-343 Inter-Club New York Produce Exchange Agreement 1996, 203-208, 533-535 International Survey Union (ISU) code of practice with the International Group P & I Club, 342-343 survey 1991-95,342 International Tanker Owners Insurance Association, 432 International Tanker Owners Pollution Fedemtion Ltd, 432 International Transport Workers Fedemtion (ITF) flags of convenience, 22-24 Isle of Man offshore flag, 22 registmtion, 18, 22 ISU See International Survey Union Joint owners, 2, Joint tenants, Laytime voyagecharterparty, 222-228 Liability salvage, 324-325 Liens sub-freights, 197-198 Liens cont sub-sub-freights, 198-199 See also Maritime lien; Possessory lien Life salvage, 312-313, 333-334 Lights exhibiting, 277-280 Limitation fund, 389-392 Limitation of liability, 375-415 actual fault or privity ruling, 378-384, 388 Athens Convention, 479-480 Convention on Limitation of Liability for Maritime Claims 1976, 376, 395-412, 481,557-560 Convention on the Limitation of Liability of Owners of Sea-going Ships 1957, 376 loss of life, 377, 390, 480 management of ship, 386-388 master or crew, 384-389 oil pollution, 421, 425, 440 personal injury, 377, 390,480 pilots, 497-498 salvor, 358-359 time limitations, 413-415 tug and tow situations, 393-394 tug-owners, 371-374,393-394 Uoyd's Register ship's particulars, 70 Uoyd's Standard Form of SalvageAgreement (LOF 80), 313, 319, 321-330 Uoyd's Standard Form of SalvageAgreement (LOF 90), 321, 327, 335-341 Uoyd's Standard Form of SalvageAgreement (LOF 95),321,327,341-342,543-552 London Maritime Arbitrators Association, 236 Loss of life Athens Convention, 478-480 claims resulting from collision, 286-287 limitation of liability, 377, 390, 480 Lugano Convention on Jurisdiction and the Enforcement of Judgement in Civil and Commercial Matters 1988, 129 Luggage loss or damage, 478-480,482 Manager See Ship's manager Manning of ships safety, 456-457 Mareva injunction, 76-78 Maritime arbitration See Arbitration Maritime Conventions Act 1911, 284-285 Maritime lien, 92, 120-128 1993 Convention, 127-128 arrest of ship in enforcement of lien, 123 bottomry, 101, 124 collision, 124 conflict of law, 121-128 contractual, 125 damage, 125 601 Index Maritime lien-cont definition, 120 demise charterer's liability, III distinguished from possessory liens, 122 holder has priority over other creditors, 123 Master's role as agent of necessity, 99 'other charge', 128 period of validity, 127, 128 priority ranking of claims, 125-127, 128 Rama case, 95-96 swvage, 98,124-127,128,325-326,334 ship repairer, 128-129 wages of Master and seamen, 100, 124, 125-127,454 Maritime Subsidy Board (US) shipbuilding contract form, 79 Marking "fvessels, 12-13 approvw of name by Registrar, 13 Marriage transfer of a registered mortgage, 33 Master as safety officer, 470 certificate of competence, 455 456 delegating authority to sign bill of lading, 201-202,468 duties in event of collision, 280-281 duties re signing bill of lading, 200-201, 467 469 hours of work, 470 legal relationship with pilot, 486 489, 494 limitation of liability, 384-389 mortgagee in possession, 41 power in respect of dangerous goods, 469 power of arrest, 460 461 responsibility for maintaining discipline, 460 464 role, 467 471 role as agent of necessity, 99, 319, 321-322, 328,469 470 wages lien, 100, 124, 125-127 Merchant navy discipline, 462 464 Merchant Shipping Act 1995 registration, 9-10, 501-503 Minority rights, Misrepresentation Act 1967,55-57 Moratorium sale of ship, 44 Mortgage, 27 48 1993 Convention, 48 at common law, 28 bankable charter as security, 47 48 certificate, 45 46 claims, 94, 126 collateral deed, 33 default in repayments, 38 definition, 27 discharge, 35, 46 602 Mortga~ont disputes, 46 48 endangering the security, 38 41 equitable, 29 foreclosure by mortgagee, 41 42, 43 mortgagee, 27 priorities, 32-33 redemption, 38, 41 42 ship as security, 27, 47 significance of registration, 31-33 statutory, 28-33 transfer of a registered mortgage, 33-35 unregistered ships, 30-31 Mortgagee actual possession, 41 constructive possession, 41 improper exercise of power, 45 in possession, 41 insurance, 36, 38 position when vessel removed from British registry, 44-45 right to foreclose on the mortgage, 41 42, 43 rights, 38 45 rights regarding swe of ship, 36-38, 42 44 Mortgagor, 27 insurance, 36 power to sell ship, 36-38 right to redeem, 38, 41 42 rights, 35-38 Nagasaki Spirit case, 343-346 Name of vessel approvw by Registrar, 13 National Union of Marine Aviation and Shipping Transport (NUMAS1), 451 452 Nationality crew, 21, 22 ship, 21-22 Nauticw assessors, 290-292 Necessaries claim, 98-99, 126 Negligence 'agony of the moment' defence, 249 burden of proof, 246 contracts, 65 New York Produce Exchange (NYPE) Form 1946, 181, 185, 188-189, 213, 529-532 New York Produce Exchange (NYPE) Form 1993,213-218 Norwegian Saleform 1987,72,513-518 Norwegian Saleform 1993,72-74,519-527 Norwegian Shipowners' Association shipbuilding contract form, 79 Nuclear instwlations maritime lien, 96, 127 Index NUMAST (National Union of Marine Aviation and Shipping Transport), 451-452 NYPE See New York Produce Exchange Offshore flag Isle of Man, 22 Oil pollution, 417-448 Amoco Cadiz disaster, 446-447 civil liability, 420-426 claims, 96, 127 Cristal Agreement, 429, 433-435 environmental damage, 430-431 insurance, 426, 440 International Convention on Civil Liability for Oil Pollution 1969, 421-426 International Convention on Civil Liability for Oil Pollution Damage 1992, 435, 561-572 International Convention on the Establishment of an International Fund for Compensation 1971,423,426-433 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992,573-591 limitation of liability, 421, 425, 440 major oil spills, 417-418, 446-448 private nuisance, 420 public nuisance, 420 salvage, 323-325 Tovalop, 429, 431-433, 434 trespass, 419-420 US legislation, 443-446 See also Environment Open registries, 21-22 Overseas territories registration, 18 Ownership 64 shares, 2, absolute, 'beneficially owned', meaning of, 110-114 British-registered ship, 3-4 certificate of registry, 14 co-ownership, 2-3 effect of arrest of ship on changes of ownership, 123-124 evidence, 1, 24 fishing vessels, joint, 2-3 majority interest, marking of vessels, 12-13 mortgagor, 35 national flag, part, 2-3 registration, 3-25 transfer, 16-17 transmission, 15-16 P & I Clubs code of practice with the International Survey Union, 342-343 Inter-Club New York Produce Exchange Agreement 1996,203-208, 533-535 Part owners, Partly constructed vessel destruction, 82 equitable mortgage, 29 Partners, Passengers, 473-483 Athens Convention, 477-484 contracts of passage, 473-476 salvage claim, 315-316 Personal injury claims resulting from collision, 286-287 contracts of passage, 473, 480 limitation of liability, 377, 390, 480 shipowner's liability to crew, 465-466 Pilot definition, 485-486 legal relationship with Master, 486-489, 494 limitation of liability, 497-498 misconduct, 497 right of authorised pilot to supersede unauthorised pilot, 495-496 Pilotage, 485-499 charges, 498-499 claim, 98 compulsory, 489-492 defence of compulsory pilotage, 493 geographical application of Pilotage Act, 493 obligations under the compulsory provisions, 493-496 Pilot Authority's right to limit liability, 498 what constitutes offer of pilotage services, 496-497 Pollution See Environment; Oil Pollution Port of registry, 10 choice, 10-11 Possessory lien, 122, 126, 196-199 deadfreight, 230-231 definition, 196 ship repairer's, 128-129 Private law provisions registered ships, 15 registration of mortgages, 29 Private nuisance oil pollution, 420 Privity limitation of liability, 378-384, 388 Public nuisance oil pollution, 420 Purchase of ships, 70-78 Race relations, 458 Radio officers certificate, 456 603 Index Radio officers-cont salvage award, 351 Radioactive materials maritime lien, 96, 127 Refund guarantee, 80-81 Register of British ships, 10-11 Merchant Shipping Act 1995,501-503 Registrar General of Shipping and Seamen, 11 Registration, 24 25 amendment of incorrect entry, 12 application, 11-12 bareboat chaner, 18-19 British ship, 3-25 central register of British ships, 10-11 cenificate of registry, 14 15 changes due to impact of EC, corporate ownership, 12 documents required to accompany application, 11-12 entitlement, 5-6, 8, 9-12, 24 expiry, 15,44-45 Facwnawrelitigation,7 fishing vessels, 6-7, 9, 11 Merchant Shipping Act 1995, 501-503 mongage, 28-33 name of ship's manager, obligation removed, 5, 13, 24 open registries, 21-22 overseas territories, 18 ownership, 3-25 persons qualifYing,6, Polzeath ruling, port of registry, 10 private law provisions, 15 refusal, 13 removal from register, 17-18 renewal, 15,44-45 representative person, 5-6, 8, 9, 19 simple, 15 small ships register, 19-21 statutory mongages, 30-33 termination, 17-18,37 transfer of ownership, 16-17 transmission of ownership, 15-16 Removal from register, 17-18 mortgagee's position, 44-45 Remuneration See Awards; Wages Repatriation of seamen, 458 Rescission, 55, 56, 57 Safe manning cenificate, 457 Safe pons warranty in time chaners, 186-188 Safety Master's role, 470 passenger ships, 476-477 seamen, 458, 466 Sale agreement See Contracts for sale of ships 604 Sale of Goods Act 1979, 49 Sale of ship arrested ship sold free from mongages and encumbrances, 120 buyer's duties, 67 buyer's remedies, 68-69 by mortgagor, 36-38 by order of court, 37 chartered ship, 70 contracts See Contracts for sale of ships moratorium on, 44 mongagee's rights, 36-38, 42 44 Norwegian Saleform 1987,72,513-518 Norwegian Saleform 1993,72-74,519-527 passing of properry from seller to buyer, 65-67 practice of sale and purchase, 70-78 second or subsequent mortgagees' rights, 43 seller's duties, 67 seller's remedies, 67-68 to 'unqualified' person, 66-67 Salvage,311-362 apponionment amongst various sets of salvors or salving ships, 352-353 apponionment between owners, master and crew of salving vessel, 350-352 arbitration, 326-330, 336-337,340-341 award, 337, 346-347 circuity of action, 360-361 claim by cargo owner, 320-321 claim by chatterer, 320 claim by passenger, 315-316 co-operation between salvors, 333 definition, 311 definition of salvor, 311 entitlement of crew of ship in distress to claim, 314 315 environment, 331-332,334 335, 338-343 International Convention of Salvage 1989, 313,322,330-334 life, 312-313, 333-334 limitation of a salvor's liability, 358-359 Uoyd's Standard Form of Salvage Agreement CLOF 80), 313, 319, 321-330 Uoyd's Standard Form of Salvage Agreement CLOF 90), 321, 327, 335-341 Uoyd's Standard Form of Salvage Agreement CLOF 95), 321, 327, 341-342,543-552 maritime lien, 98, 124 127, 128,325-326, 334 Nagasaki Spirit case, 343-346 negligent action of salvor, 355-358 oil pollution disasters, 323-325 outcome must be successful in some degree, 319 Index 1rttne IU7Utations,413-415 arbitration, 239, 240 Athens Convention, 481-483 salvage, 361, 414 1ride evidence required to accompany registtation application, 12 ownership, 1,24 1rovalop,429, 431-433 revisions, 434 1rowage,363-374 becoming salvage, 361-362 liability for death or personal injury resulting from negligence, 370-371 maritttne lien, 98, 127 rights and liabilities, 366 rime of commencement, 367-369 'tug and tow' collision situations, 293-295 tug-owner's right to limit liability, 371-374, 393-394 UK Standard Condition for 1rowageand Other Services, 364, 369-373, 553-556 Unfair Conttact 1rerms Act 1977, 370-371 1rrade dispute Nawala litigation, 23 1rransfer of a registered mortgage, 33-35 appUrtenances included, 34 cargo, 34 fishing nets on trawlers, 34 1rransfer of ownership, 16-17 1rransmission of ownership, 15-16 1rrespass oil pollution, 419-420 1rrip charterparties, 178-179 20-foot equivalent units See 1rEUs UK Standard Condition for 1rowageand Other Services, 364, 369-373 1986 Form, 553-556 Unauthorised presence on board ship, 464 Unfair Contract Thrms Act 1977, 64-65 contracts of passage, 477 towage, 370-371 606 Unfair dismissal, 464-465 Unfinished vessel desttucrion, 82 equitable mortgage, 29 United States divided collision damages rule, 298-299 oil pollution legislation, 443-446 Unregistered ships mortgages, 30-31 Valuation salvaged cargo, 347-348 salvaged ship, 347 Voyage charterparries, 218-244 arrival at loading port, 220-222 charterer's right to cancel, 219-220 damages for detention, 228 demurrage, 228 despatch money, 228 freight, 218, 229-231 'full and complete' cargo, 228-229 layrime, 222-228 notice of readiness (NOR), 220-222 obligations of seaworthiness, 180-181 repudiation, 231-239 waiting rime, 222-224 Wages allotment, 455 clattns against, 455 disputes, 454 maririme lien, 100, 124, 125-127,454 payment, 454-455 seamen, 452-455 seamen's remedies if unpaid, 454 Waiting tttne charterparties, 222-224 Warranties charterparty, 232 ttnplied, 58 60 sale of ship conttacts, 58 Weather working day definition,224 Working day definition, 224-225 ... CP LR HL LR QB LR Eq LT Lush LawJournal Reports LawJournal Reports (Common Pleas) LawJournal Reports (Probate, Divorceand Admiralty) Uoyd's List Law Reports Uoyd's Law Reports Admiraltyand EcclesiasticalCases... 3, 29 Law of Property Act 1925ss 101-102 94 Law of Property (Miscellaneous Provisions) Act 1989 75 Law Reform (Contributory Negligence) Act 1945 287,290,476,488 s 288 Law Reform... Cas Asp MLC Appeal Cases (3rd series) All England Reports AmericanMaritime Cases Appeal Cases (2nd series) Aspinall'sMaritime Law Cases 1891-Current 1936-Current Current 1875-1890 1871-1940 B