Kooperativer Bibliotheksverbund

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Format: 1 online resource (1,199 pages) : , illustrations

Edition: 6th ed.

ISBN: 1-003-12270-1 , 1-000-34094-5

Content: Now presented in two convenient volumes, the sixth edition of Berlingieri on Arrest of Ships is an invaluable source of information, detailing the claims in respect of which a ship may be arrested, the conditions for obtaining an order of arrest, the need for a security, the manner by which the ship that has been arrested may be released,.

Note: Cover -- Volume 1 -- Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Contents -- Foreword -- Acknowledgments -- Glossary -- Introduction -- Table of authors -- Table of cases -- Table of legislation -- Table of conventions -- Table of CMI (Comité Maritime International) conferences -- Table of conventions-travaux préparatoires -- Chapter 1 History of the 1952 Arrest Convention -- The CMI conference of 1930 in Antwerp -- The preparatory work for a draft convention on arrest of ships -- The CMI conferences of 1933 in Oslo and of 1937 in Paris -- The CMI conferences of 1947 in Antwerp, of 1949 in Amsterdam and of 1951 in Naples -- The Brussels Diplomatic Conference, 2-10 May 1952 -- Chapter 2 The Way to Uniformity of Maritime Law in Respect of Arrest of Ships -- Introduction -- Methods of implementation -- The reservations made by States parties to the 1952 Arrest Convention -- The implementation of the 1952 Arrest Convention by Contracting States -- States that have given force of law to the Convention -- States that have implemented the Convention by incorporating in whole or in part its provisions into their national law -- States parties that have not taken any legislative action in order to implement the Convention -- Chapter 3 Scope of Application -- Introduction -- The notion of ship -- Waters in which the ship is sailing or intended to sail -- Size and characteristics of the ship -- Intended use -- The notion of flag -- Application to ships flying the flag of Contracting States -- Application to ships flying the flag of non-Contracting States -- Review of the attitude adopted in certain Contracting States -- States that have incorporated the provisions of the Convention in their national laws in which the Admiralty jurisdiction is recognised. , States that have incorporated the provisions of the Convention in their national laws in which the notion of a specific Admiralty jurisdiction does not exist -- States that have given the force of law to the provisions of the Convention -- Limits to the application -- Subordination of the Convention to national rules -- Exclusions from the application -- Chapter 4 Definitions of Arrest, Person and Claimant -- The definition of arrest -- Analysis of the definition -- The notion of arrest in the law of certain Contracting States -- The definition of person -- The definition of claimant -- Analysis of the definition -- The relevant rules in the law of certain Contracting States -- Chapter 5 The Maritime Claims -- The definition of maritime claims -- Analysis of the chapeau -- The corresponding chapeau in the law of certain States that have incorporated the Convention in their national laws -- The individual maritime claims -- Damage caused by any ship either in collision or otherwise -- Loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship -- Salvage -- Agreement relating to the use or hire of any ship whether by charterparty or otherwise -- Agreement relating to the carriage of goods in any ship whether by charterparty or otherwise -- Loss of or damage to goods including baggage carried in any ship -- General average -- Bottomry -- Towage -- Pilotage -- Goods or materials wherever supplied to a ship for her operation or maintenance -- Construction, repair or equipment of any ship or dock charges and dues -- Wages of masters, officers or crew -- Master's disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner -- Disputes as to the title or to ownership of any ship. , Disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship -- The mortgage or hypothecation of any ship -- Chapter 6 Claims in Respect of Which a Ship May be Arrested Under the Convention -- Introduction -- Claims secured by a maritime lien that are not mentioned in article 1(1) of the 1952 Arrest Convention -- Claims arising under an international convention -- Claims arising under a national law -- Claims in respect of which an action in rem is permissible -- The European Regulation (EC) No. 1215/2012 -- The detention of a ship as a consequence of the attachment of property on board that is not owned by the owner of the ship or by its demise charterer -- Chapter 7 Jurisdiction for the Arrest -- Introduction -- Analysis of the relevant issues -- Judicial authority -- Authority having jurisdiction -- Jurisdiction before the arrival of the ship -- Jurisdiction after the ship has sailed -- Arrest pursuant to an order of a foreign court -- Choice of the judicial authority of the State in the jurisdiction of which the arrest is made -- Jurisdiction for arrest when the court has no jurisdiction on the merits -- Jurisdiction for arrest when the court has jurisdiction on the merits but the ship is not within its jurisdiction -- Jurisdiction for arrest when a decision on the merits has already been obtained -- Exclusive jurisdiction pursuant to the 1952 Convention on Penal Jurisdiction and to UNCLOS -- Lis pendens - related actions -- Chapter 8 Jurisdiction on the Merits and Related Matters -- The travaux préparatoires -- The structure of article 7 -- Jurisdiction on the merits -- A review of the rules in the United Kingdom, in some other common law countries, in Nigeria and Algeria -- United Kingdom -- Caribbean jurisdictions -- China - Hong Kong -- Ireland -- Nigeria -- Algeria. , A review of the individual links enumerated in article 7(1) -- Habitual residence or principal place of business of the claimant -- Claims arising in the country in which the arrest is made -- Claims concerning the voyage of the ship during which the arrest was made -- Claims arising out of a collision or in circumstances covered by article 13 of the 1910 Collision Convention -- Salvage claims -- Claims upon a mortgage or hypothecation of the ship -- Possible conflicts of the links enumerated in paragraph 1 with other conventions -- CLC 1992 -- Hamburg Rules -- Athens Convention -- EC Jurisdiction Convention -- Lugano Convention 2007 -- Possible conflicts of the links enumerated in paragraph 1 with EU Regulation No. 1215/2012 -- The time within which the claimant must bring proceedings on the merits -- When the action may be deemed to have been brought -- The recognition by the State in which the arrest is effected of a foreign judgment or arbitral award on the merits -- Consequences of the failure to bring action on the merits within the time prescribed -- Chapter 9 Arrest or Detention by Public Authorities -- Introduction -- International conventions and agreements -- MOU -- The IMO Procedures for Port State Control -- UNCLOS -- EU directives -- SOLAS -- ISPS Code -- International Code of Safety for High Speed Craft (HSC Code) -- International Management Code for the Safe Operation of Ships -- MARPOL -- CLC 1992 -- National laws -- Cameroon, Congo, Equatorial Guinea, Gabon, chad -- China - Hong Kong -- Croatia -- Denmark -- Egypt -- Finland -- France -- Germany -- Greece -- Ireland -- Italy -- Latvia -- Morocco -- Netherlands, the -- Nigeria -- Norway -- Poland -- Portugal -- Russian Federation -- Slovenia -- Sweden -- United Kingdom -- Caribbean jurisdictions -- Chapter 10 Procedure Relating to the Arrest -- Conditions for obtaining the authority. , Enforcement of the arrest -- A review of the national rules in some of the Contracting States -- Algeria -- Belgium -- Benin -- Cameroon, Congo, Gabon, chad -- China - Hong Kong -- Croatia -- Denmark -- Egypt -- Finland -- France -- Germany -- Greece -- Ireland -- Italy -- Latvia -- Morocco -- Netherlands, the -- Norway -- Poland -- Portugal -- Russian Federation -- Slovenia -- Sweden -- United Kingdom -- Caribbean jurisdictions -- Chapter 11 Arrest of the Ship in Respect of Which the Claim is Asserted -- Introduction -- Appurtenances not owned by the owner of the ship - their treatment in the various countries -- Algeria -- Benin -- Cameroon, Congo, Gabon, chad -- China - Hong Kong -- Croatia -- Egypt -- Finland -- France -- Germany -- Greece -- Italy -- Morocco -- Netherlands, the -- Nigeria -- Norway -- Poland -- Portugal -- Slovenia -- Sweden -- United Kingdom -- Caribbean jurisdictions -- General comments -- Relation between the claim and a particular ship -- Relation between the person liable and the ship -- Claims against the owner of the ship -- The interpretation of the rule in certain Contracting States -- Claims against the demise charterer of the ship and other persons liable in respect of a maritime claim -- Claims based upon a mortgage, " hypothèque " or charge on the ship -- Claims relating to the ownership or possession of the ship -- Claims secured by a maritime lien -- Chapter 12 Arrest of "Sister" Ships -- Introduction -- When ships must be deemed to be in the same ownership -- Analysis of article 3(2) -- The corresponding provisions in the law of certain Contracting States that have incorporated the Convention into their national law -- When arrest of "sister" ships is not permitted -- Analysis of the exceptions to the right of arrest of "sister" ships -- Chapter 13 Arrest of Associated Ships. , Is piercing the corporate veil prohibited by the Convention?.

Additional Edition: ISBN 1-138-28501-3

Language: English