Modern Maritime Law Volume 1: Jurisdiction and Risks
INDEX
INDEX
-
abuse of process, re-arrest 175
- see also piercing corporate veil
- action in personam see in personam claims/proceedings
- action in rem see in rem claims/proceedings
- Admiralty and Commercial Court Guide, 2011 (without notice application) 155
-
Admiralty Court
- competition of claims brought in 180–1
- constitution and structure 6
-
Admiralty Court jurisdiction 1–22
- action in rem see action in rem
- Arrest Convention 1952 8
- civil law 8
- and Common Law Courts 1, 2, 8, 9, 97, 109
- conflict between Admiralty and common law courts 2
- foreign aspects and extent 7
- foreign sovereign 12–15
- historical overview 1–4
- international ambit 7
- legislation since 1840 2–3
- limitations 7
- limits to invoking 12–15
- need for consolidation of all courts 4
- origins 1
- present time 5–6
- sources 5
- subject matter jurisdiction 6
- terminological changes 5–6
- unique aspects 9–12
- Admiralty Marshal, sale by 178–9
- Admiralty Registry 9, 104
- aircraft, enforcement of maritime claims 52
-
anti-suit injunctions
- arbitration exception
- breach of agreement
- breach of arbitration agreement 346–8
- cases of breach of an arbitration agreement 325–6
- comity factor 322, 350–2, 355
- common law vs. civil law regime 323–4
- contract cases 340, 342–8
- declaratory relief 335–6
- development of law 324–31
- discord between court judgments of Member States 337–9
- equitable damages awarded for breach of obligation to arbitrate 336–7
- forum non-conveniens doctrine 324, 349, 350
- Front Comor decision
- hybrid cases 353
- ‘interests of justice’ 354–5
- issue estoppel 338
- issues 324
- lis pendens rule 340, 356
- nature and scope 322–3
- new trend for an anti-arbitration injunctions 339–40
- non-contract cases 340, 348–52
- non-exclusive jurisdiction clause 341
- outside scope of the Regulation 340–55
- practical issues 356–7
- precedence of New York Convention over Brussels I Regulation 336, 339
- prohibition 331–40
- recognition and enforcement issues 326–7
- res judicata 336, 352
- risk management 356–7
- stay of proceedings 229
- whether an ancillary measure 329–31
- see also freezing injunctions
-
arbitration
- agreement to arbitrate or litigate in particular forum 94
- anti-suit injunctions 325–6, 327, 333–4, 336–7, 339–40, 346–8
- arbitration awards or judgments, enforcement of claims regarding 50
- breach of agreement 325–6, 333–4, 346–8
- remedies, in England 239–40
- conflict between two arbitration agreements 244
- curial law 249
- dispute requirement for referral to arbitration 250–1
- dispute to be covered by agreement 251–5
- equitable damages awarded for breach of obligation to arbitrate 336–7
- EU jurisdiction regime 309–11
- law governing agreement 248–50
- London Court of International Arbitration (LCIA) rules 241
- option of one party to select 244–6
- Section 9 of AA 1996 240
- dispute requirement for referral to arbitration 250–1
- dispute to be covered by agreement 251–5
- law governing agreement 248–50
- legal proceedings brought ‘in respect of a matter’ 255
- preconditions to a stay of court proceedings under 241–55
- validity requirement, arbitration agreement 241–3
- whether conflicting or tiered dispute resolution clauses 244–8
- Section 11 of AA 1996, scope 256–7
- stay of English proceedings in favour of 239–57
- preconditions to a stay of court proceedings under Section 9 241–55
- Section 9 of AA 1996 240
- validity requirement, arbitration agreement 241–3
- whether conflicting or tiered dispute resolution clauses 244–8
-
arrest of ship
- Admiralty Court Acts 2–4
- aftermath 156–80
- associated ship 118, 145, 148, 151
- caution against 156
- caution against release 155–6
- conditions 116–19
- effecting
- groundless arrest 159, 165
- non-truly in rem claims
- particular circumstances, release in 158
-
in personam liability
- beneficial ownership see beneficial ownership
- company structures and liable person 125
- corporate veil see corporate veil; piercing corporate veil
- liability in personam 119–51
- meaning of ‘beneficial ownership’ 122–5
- meaning of ‘charterer’ 120–1
- meaning of ‘owner’ 119–20
- meaning of ‘person in possession or control’ 121
- minority shareholding 125–6
- nature and function 98
- restrictions 98–9
- veil of one-ship companies 130–2
- weaknesses 99
- provision of security for claim 157–8
- re-arrest
- release from arrest 157–8
- relevant ship 117–18
-
in rem proceedings
- defendant in proceedings 106–7
- effect of Indian Grace (No 2) on action in rem 108–11
- execution of foreign in rem judgment by re-arrest in this jurisdiction 175–6
- flaws of Indian Grace (No 2) decision 111–14
- functions 99–106
- issue 153–4
- nature 99
- service of claim form 154
- traditional features of action in rem 107
- warrant of arrest 155
- ‘as of right,’ warrant as 155
- sister ship 118, 145, 148
- South African ship arrest and piercing corporate veil 147–51
- subject matter of arrest 118–19
- third party rights 156–7
- truly in rem vs. non-truly in rem claims 116–17
- unjustified arrest (Australia) 168
- void for being equivalent to sequestration 102
- warrant 154–5
- ‘wrongdoing’ ship 148
- wrongful 158–71
-
assets
- dissipation of 69
- substantive control over 78
- assignment, of maritime lien 197
- associated ship, arrest 118, 145, 148, 151
- Australia, wrongful arrest 168
- ‘backhoe dredger,’ as ship 20
- bank duties, freezing injunctions 79
- Belgium, wrongful arrest 170
- beneficial ownership
- bills of lading, ante-dated 43
- bottomry, enforcement of claims regarding 61
- bribery, rescinding of contract 240
- Brussels I Regulation
- burden of proof, forum non-conveniens doctrine 207, 210, 214, 236
- Canada, wrongful arrest 168
- cargo claims 201–2, 203
- charterers
-
civil law
- anti-suit injunctions 323–4
- rules regarding 8
- wrongful arrest 170
- claims, maritime
- comity doctrine, anti-suit injunctions 322, 350–2, 355
- Commercial Court 6
- common law/Common Law Courts
- Companies Courts, competition of claims brought in 180–1
- competition of claims 180–1
- conflict of laws 189–96
- containers, enforcement of claims 49, 53
- contribution claims 204
- co-owners, claims arising as to possession, employment or earnings 30–1
- corporate veil
- cost orders, and piercing corporate veil 145–7
- court fund
- Court of Justice of the European Union (CJEU) 261, 268
- court order, bank duty not to be in contempt of 79
-
crassa negligentia test, wrongful arrest
- Arrest Convention 1999 171
- comparison of different jurisdictions 168, 169
- inappropriateness of criminal law test to wrongful arrest of ships 163, 164
- lifting the corporate veil 133
- origin 159–60
- other common law jurisdictions 169
- release in particular circumstances 158
- see also wrongful arrest
- creditors, maritime 102
- Crown, ships of 12
- Crown Court 2
- curial law, arbitration 249
- damage claims
- deceit, tort of 43
- declaratory proceedings, ‘same cause of action’ 271
- demise charterer, and meaning of ‘beneficial ownership’ 122, 123
- Denmark, wrongful arrest 170
- detention, preservation of statutory right 182
- disbursements, enforcement of claims in respect of 59–61
- dishonesty, evidence of 69
- dismissal of claim, on time bar grounds 200–4
- dissipation of assets, freezing injunctions 69
-
domicile rule
- date of seisin 275, 277
- exceptions to 265
- Kalfelis test 267
- mandatory derogation from 266
- optional derogation from 266–8
- piercing corporate veil 146
- provisions of 264
- drilling units, whether included within definition of ship 21
- duty of care, to subsidiary company 129–30
- economic loss claims, enforcement 36
-
enforcement of maritime claims 23–63
- of charterers 59–61
- claims enforceable under Section 20(2) of SCA 1981 28–63
- arbitration awards or judgments 50
- arising between co-owners of a ship as to possession, employment or earnings 30–1
- bottomry, claims arising out of 61
- carriage of goods on ship, agreement relating to 43–51
- construction, repair or equipment of ship or dock charges/dues 54–5
- containers 49, 53
- damage done by a ship 33–6
- damage received by a ship 32
- ‘direct connection’ test 48, 51
- disbursements 59–61
- excluded claims 47–51
- forfeiture or condemnation of a ship 62–3
- general average acts 61
- goods carried on ship, claims for loss of or damage to 42–3
- goods or materials supplied to ship for operations or maintenance 52–4
- guarantor, claims brought in rem against 51
- insurance premiums 47–9
- loss of life or personal injury 36–42
- miscellaneous claims 47
- payments under an FFA 50
- pilotage, in respect of ship or aircraft 52
- possession or ownership of a ship or of a share therein 28–30
- in respect of a mortgage or of charge on a ship or any share therein 31–2
- restoration of ship or goods after seizure or droits of Admiralty 62–3
- salvage services 51
- ship agents’ claims 53–4, 59–61
- ‘supplied to a ship’ 53
- tort, claims in 40–1, 43–4
- towage, in respect of ship or aircraft 52
- use or hire of a ship 44–7
- wages of master or crew 55–9
- freezing injunctions see freezing injunctions
- interim relief 77
- liens, maritime see liens, maritime
- of ship agents 53–4, 59–61
- statute as tool 23
- statutory rights in rem 9, 25
- subject matter jurisdiction 24–5
- tracing orders 77
- see also competition of claims; in personam claims/proceedings; in rem claims/proceedings
- equitable liens 27
-
EU jurisdiction regime 259–319
- aims and objectives 261
- arbitration exception 309–11
- background 260–3
- ban of forum non-conveniens doctrine 289–97
- defendant domiciled in a third State 295–7
- defendant domiciled in a third State, where natural forum a Member State 294–5
- defendant domiciled in a third State with proceedings in two Member States 292–4
- defendant domiciled in Member State, where natural forum a third State 290–1
- limitation of liability actions 295–7
- proceeding in a third State and in a Member State 291–2
- Brussels I Regulation
- need for review 262–3
- objectives 262
- certainty and mutual trust 261
- choice of court of a non-Member State 308
- Council of European Union 314–19
- entering an appearance 308
- European Parliament 314–19
- exclusive jurisdiction 309
- exequatur, abolition 314
- identical actions as between Member States 269–79
- inception 260–1
- lis pendens 269, 332
- lis pendens rule, exceptions to general rule 306–7
- multiple proceedings between Member States and third States 281–3
- multiple proceedings within Member States 269–81
- prorogation of jurisdiction 297–308
- protection of defendants domiciled in EU Member States 261
- protective measures 311–13
- public policy issue 314
- Recast Regulation 263–9
- Recast Regulation (Art 25), choice of agreements under 298–307
- reciprocal recognition and enforcement of judgments 261
- recognition and enforcement of judgments 313–14
- related actions as between Member States 279–81
- specialised Conventions 283–8
- European Court of Justice (ECJ) 261
- European Union see EU jurisdiction regime
-
expert evidence
- condition of ship prior to sale 179
- stay of proceedings 227–8
- fieri facias, writ of 174
- Finland, wrongful arrest 170
- foreign sovereign, Admiralty Court jurisdiction 12–15
-
forum non-conveniens doctrine
- ‘1936’ rule
- anti-suit injunctions 324, 349, 350
- balance of convenience 207
- ban of see under EU jurisdiction regime
- burden of proof 207, 210, 214, 236
- certainty and mutual trust 261
- Collision Convention 1952 288
- conflicting dispute resolution clauses 245
- defendant domiciled in a third State, proceedings in two Member States 292, 293, 294
- defendant domiciled in a third State, where natural forum a Member State 294–5
- defendant domiciled in Member State, where natural forum a third State 290
- effect of founding jurisdiction as of right 213
- EU jurisdiction regime 265
- first stage (connecting factors) 213
- general principle 213
- gradual incorporation of Scottish doctrine into English law 208–12
- jurisdiction not exercised 206
- lis pendens rule 269, 283
- national rules, application 265
- natural forum 211
- present formula 212–17
- proceeding in a third State and in a Member State 291
- related actions as between Member States 282
- second stage (all the circumstances) 214
- service out of the jurisdiction compared 218–22
- Spiliada decision, impact upon 217–18, 293
- stay on grounds of 206–25
- treatment of a legitimate personal or juridical advantage 214–17
- ‘vexatious and oppressive’ wording 206, 208, 209
- see also forum shopping
- forum shopping
- France, wrongful arrest 170
-
fraud
- and freezing injunctions 76, 77
- one-ship companies, corporate veil 131
- rescinding of contract 240
-
freezing injunctions 65–79
- as ancillary remedy 65
- bank, duty of 79
- cause-of-action defendant vs. non-cause-of-action defendant 78
- comparison with other security measures 68
- as discretionary remedy 65
- dissipation of assets 69
- extended jurisdiction for 70–6
- extent of jurisdiction to third parties 77–8
- and fraud 76, 77
- free-standing 71–2
- as Mareva injunctions 66
- nature, scope and objective 66–7
- origins of power to grant 66
- person obtaining, no duty of care owed to 79
- previous ‘Siskina’ barrier 71
- requirements to be granted 68–70
- ‘same cause of action’ 271
- worldwide 72–6
- see also anti-suit injunctions
- Front Comor decision
- general average acts, enforcement of claims regarding 61
- Germany, wrongful arrest 170
- goods, enforcement of claims regarding
- guarantor, claims brought in rem against 51
- Heidelberg Report 2007, Brussels I Regulation 262, 310
-
High Court of Admiralty 1, 2
- see also Admiralty Court jurisdiction
- Hong Kong, wrongful arrest 169
- hybrid cases 107, 111, 353
- Indian Grace (No 2), effect on action in rem
-
in personam claims/proceedings
- beneficial ownership see beneficial ownership
- breach of foreign jurisdiction clause 234
- company structures and liable person 125
- corporate veil
- Crown ships 12
- distribution of the court fund 187, 188
- EU jurisdiction regime 272–3
- Indian Grace (No 2) decision 108, 115
- international ambit of Admiralty jurisdiction 7
- jurisdiction bases 200
- jurisdiction not exercised 205
- liability in personam 119–51
- meaning of ‘beneficial ownership’ 122–5
- meaning of ‘charterer’ 120–1
- meaning of ‘owner’ 119–20
- meaning of ‘person in possession or control’ 121
- minority shareholding 125–6
- nature and function 98
- old action (maritime attachment or quasi in rem) 11
- origin of Admiralty Court jurisdiction 3
- and personal service of claim form 98
- procedural theory decisions, misapplication 112
- res judicata 272, 273
- restrictions imposed 98–9
- Rule B1 attachment (Supplemental Rules for Admiralty or Maritime Claims of the Federal Rules of Civil Procedure), US 85–6
- rules for service 12
- statute as tool for enforcement 23
- terminology 5
- weaknesses of proceedings 99
-
in rem claims/proceedings
- arrest of ship
- caution against release 155–6
- service of claim form 154
- beneficial ownership, risk management 145
- breach of foreign jurisdiction clause 234
- classification of claims in different jurisdictions 190
- competition of claims 180
- containers 53
- defendant in proceedings 106–7
- distribution of the court fund 187, 188
- EU jurisdiction regime 272
- execution of foreign in rem judgment by rearrest in this jurisdiction 175–6
- foundation 9
- functions of proceedings 99–106
- fundamental value of in rem proceeding 11
- against guarantor 51
- Indian Grace (No 2), effect on
- Indian Grace (No 2), effect on action in rem 115
- issue of proceedings 153–4
- issuing of proceedings, effect 10
- jurisdiction bases 200
- nature of proceedings 99
- origin of Admiralty Court jurisdiction 3
- procedural theory decisions, misapplication 112
- quasi in rem proceedings 10, 11
- re-arrest 175, 176
- registration in Admiralty Registry 9, 104
- and right to detain 184
- service of claim form 154
- service of proceedings, effect 11
- ship agents’ claims 54
- ship personification vs. procedure 10
- statute as tool for enforcement 23
- statutory rights 9, 25
- subject matter of proceedings (the ship) 15–22
- terminology 5
- tort, claims in 43
- traditional features 107
- truly in rem claims, vs. non-truly in rem claims 10, 97
- wages of master or crew, claims for 55
- writs of prohibition 109
- wrongful arrest 164
- arrest of ship
- insurance premiums, claims for 47–9
- Inter-Club NYPE Agreement 203
- ‘interests of justice’, anti-suit injunctions 354–5
- interim relief 77
- issue estoppel, anti-suit injunctions 338
- jet ski, as ‘ship’ 17–18
- Jeune, Sir Francis 106, 110
-
jurisdiction
- Admiralty Court see Admiralty Court jurisdiction
- ambiguity of term 65
- bases 199–200
- breach of agreement 331–3
- classification of claims in different jurisdictions 189–91
- common law 168–9
- defendants’ tangible or intangible personal property within (Rule B1
- attachment) 84–5
- equitable 66
- European Union regime see EU jurisdiction regime
- exclusive 309, 345–6
- extended 70–6
- extent of jurisdiction to third parties 77–8
- foreign jurisdiction agreement, stay of English proceedings on ground of 225–39
- freezing injunctions
- meaning of ‘jurisdiction is invoked’ 105–6
- no leave for service out 205–6
- non-exclusive jurisdiction clause 237
- not exercised or discontinued 200, 205–6
- to prohibit dealing with a ship 30
- purpose 66
- service of process base 200
- service out of
- special, provided against a third party 146
- subject matter jurisdiction 6, 24–5
-
lex fori (law of the forum)
- or lex causae 191–5
- or lex loci contractus 32, 191
- priorities in payment of claims out of court fund 182
-
liens, maritime
- action in rem 9
- advantage over other statutory rights in rem 28
- applicable law 189–96
- assignment 197
- claims attracting 27
- compared to a mortgage on a ship 27
- contractual 190
- equitable 27
- extinction 196
- Indian Grace (No 2) case 110
- means of enforcement 28
- nature 25–7
- and possessory liens 27
- ranking pari passu 187, 188
- ship-repairers 185–7
- statutory 25
- transferability 196–8
- unable to be registered 104
- whether loss of life/personal injury claims attract 41–2
- lifting the corporate veil
- limitation fund, transferability of claim to 184–5
- limitation periods, wages claims 204
- lis pendens 269, 332
-
lis pendens rule 281–3, 317
- anti-suit injunctions 340, 356
- and arbitration exception 327
- breach 338–9
- certainty and mutual trust 261
- conferment to specialised conventions 269
- defendant domiciled in a third State, proceedings in two Member States 293
- defendant domiciled in a third State, where natural forum a Member State 295
- delegation of jurisdiction by Article 71 to specialised conventions 285, 286
- EU jurisdiction regime 261, 262, 269, 270
- exceptions to 306–7
-
forum non-conveniens doctrine 211, 283
- ban of 289
- identical actions as between Member States 269
- limitation of liability actions 297
- national rules, application 265
- when court first seised of proceedings 274
- Lord High Admiral 1, 2, 3, 4
-
loss of life or personal injury claims
- defects in ship, apparel or equipment 38–40
- dismissal of claim, on time bar grounds 203, 204
- by foreigners against foreign ship for tort committed on high seas 40–1
- incidents occurring on board another ship 37
- maritime lien, whether attracting 41–2
- origins of statutory provision 36
- or property 204
- wrongful act, neglect or default in navigation or management of a ship 37
-
mala fides test
- confusion as to meaning 165
- inappropriateness of criminal law test to wrongful arrest of ships 163
- lifting the corporate veil 133
- meaning 159
- release in particular circumstances 158
- wrongful arrest 158, 159, 163, 165
- see also crassa negligentia test, wrongful arrest; wrongful arrest
- malice test, wrongful arrest 159–60
- malicious prosecution, stringent test 160–2
- Mareva injunction see freezing injunctions
- master of ship, claims by
- minority shareholding, action in personam 125–6
-
mortgages or charges on ship, claims in respect of
- lex fori or lex loci contractus 32
- maritime lien compared to mortgage on a ship 27
- mortgagee’s protection 31–2
- whether mere charge on ship protected 32
-
navigation
- damage claims 35
- definition of a ship 19–21
- loss of life or personal injury claims 37
-
necessaries
- Admiralty Court jurisdiction 3, 4
- applicable law to maritime liens and conflict of laws 190–1, 193, 194, 195
- enforcement of maritime claims 39, 53, 54
- in rem claims/proceedings 99, 101
- neglect, loss of life or personal injury claims 37
- New York Produce Exchange (NYPE) 119, 203
- Nigeria, wrongful arrest 168
- non-truly in rem claims
- Norway, wrongful arrest 170
- Nuyts Report 2007, Brussels I Regulation, 262
- one-ship companies, corporate veil 130–2 , 134
-
ownership or possession
- beneficial ownership
- cargo claims against owners 201–2
- jurisdiction to prohibit dealing with a ship 30
- maritime claims 28–30
- meaning of ‘owner’ 119–20
- meaning of ‘person in possession or control’ 121
- non-truly in rem claims 117
- statutory or inherent power of court 28
- substantive vs. procedural rights 30
- parent company liability, corporate veil and beneficial owner principles 129
- passengers, claims of 203–4
-
piercing corporate veil 135–41
- ancillary relief proceedings 140
- applications to vacate attachment
- amendment 93
- de novo review 93
- post attachment hearings (Aqua Stoli case) 90–2
- post-attachment procedures 93
- beneficial owner principles 126–30
- conditions 88
- and cost orders 145–7
- domicile rule 146
- effect on contractual transactions 138–41
- façade, concealing true facts 135
- factors or indicators of dominated corporation 88–9
- ‘flag of convenience’ state 135
- vs. lifting the corporate veil 132–5
- risks faced by defendants 89–90
- ‘sham transfers’ 136
- South African ship arrest 147–51
- substitute security, providing 93
- ‘wrongdoing’ ship arrest 148
- see also corporate veil; Rule B1 attachment (Supplemental Rules for Admiralty or Maritime Claims of the Federal Rules of Civil Procedure), US
- pilotage, enforcement of claims in respect of ship or aircraft 52
- Poland, wrongful arrest 170
- pollution damage, claims enforceable under Section 20(2) of SCA 1981 35
- port authorities
- Portugal, wrongful arrest 170
- possession or ownership of a ship or of share, maritime claims see ownership or possession
-
possessory liens
- and maritime liens 27
- ship-repairers, lien of 185
- privatisation, and beneficial ownership 142–4
- prohibition, writs of 109
-
public policy issue
- anti-suit injunctions 339
- EU jurisdiction regime 314
- quasi in rem proceedings 10, 11
- ratio decidendi 112, 210
- re-arrest
- Recast Regulation
- recognition and enforcement of judgments, EU jurisdiction regime 313–14
-
res judicata
- anti-suit injunctions 336, 352
- EU jurisdiction regime 273–4
- Indian Grace (No 2), effect on action in rem 115
- in personam claims 272, 273
- in rem claims 108, 109, 115
- risk management
- rowing boat, as ‘ship’ 15
- Rule B1 attachment (Supplemental Rules for Admiralty or Maritime Claims of the Federal Rules of Civil Procedure), US 80–96
- rule of law, ‘same cause of action’ 270
- sale
- salvage claims 51, 204
- Scandinavian countries, wrongful arrest 170
- sculling boat, as ‘ship’ 15
- ‘seagoing’, defined 18
- security for maritime claims
- separability principle, stay of proceedings 240
- sequestration, arrest void for being equivalent to 102
-
ship
- action in rem 15–22
- another, incidents occurring on board 37
- arrest of see arrest of ship
- associated, arrest of 118, 145, 148, 151
- construction, repair or equipment: claims in respect of 54–5
- Crown ships 12
- damage done by
- damage received by 32
- defects in ship, apparel or equipment 38–40
- defined see ship, definition
- dock charges or dues, claims in respect of 54–5
- foreign, claims by foreigners against for tort committed on the high seas 40–1
- forfeiture or condemnation, claims for 62–3
- goods carried on, claims for loss of or damage to 42–3
- goods or materials supplied to for operations or maintenance, claims in respect of 52–4
- jurisdiction to prohibit dealing 30
- master or crew, wages claims 55–9
- mortgages or charges, claims in respect of
- lex fori or lex loci contractus 32
- maritime lien compared to mortgage on a ship 27
- mortgagee’s protection 31–2
- whether mere charge on ship protected 32
- one-ship companies, corporate veil 130–2, 134
- personification vs. procedure, in action in rem 10
- possession or ownership, maritime claims
- jurisdiction to prohibit dealing with a ship 30
- ownership or possession 29–30
- statutory or inherent power of court 28
- substantive vs. procedural rights 30
- restoration following seizure or for droits of Admiralty, claims for 62–3
- rowing boat as 15
- sale see sale
- sculling boat as 15
- sister, arrest of 118, 145, 148
- towage in respect of, enforcement of claims 52
- use or hire of
- whether mere charge protected 32
- ‘wrongdoing’ 148
- wrongful act, neglect or default in navigation or management of 37
- ship, definition 15–21
- shippers, enforcement of claims by 59–61
- ship-repairers, lien of 185–7
- Singapore, wrongful arrest 169
- sister ship, arrest 118, 145, 148
- slot charterer, and meaning of ‘charterer’ 120
-
South Africa
- piercing corporate veil 147–51
- wrongful arrest 168
- special jurisdiction, provided against third party 146
- specific performance, ‘same cause of action’ 271
- Spiliada decision
-
stay of proceedings
- arbitration, in favour of 239–57
- preconditions to a stay of court proceedings under Section 9 241–55
- Section 9 of AA 1996 240
- ‘broad judicial discretion’ 229
- English proceedings, on ground of a foreign jurisdiction agreement 225–39
- availability of factual evidence in England not in itself a strong cause 233–4
- breach of foreign jurisdiction clause 226–333
- expert evidence in England 227–8
- general principle 226
- matters not constituting a strong cause or reason 233–6
- multiplicity of proceedings 228–32
- Spiliada decision, connecting factors 232–3
- stay unless strong reason shown 226–333
- time bar in contractual jurisdiction not in itself a strong cause 234–6
- forum non-conveniens doctrine, on grounds of 206–25
- multiplicity of proceedings 228–32
- arbitration, in favour of 239–57
-
subject matter jurisdiction
- Admiralty Court 6
- enforcement of maritime claims 24–5
- Supreme Court of Judicature, origins 4
- time bar grounds, dismissal of claim 200–4
- time charterer, and meaning of ‘charterer’ 120
- Tomlin orders, lis pendens rule, exception to 306
- tort, claims in
- towage, enforcement of claims in respect of ship or aircraft 52
- tracing orders 77
-
truly in rem claims 116–17
- arrest of ship 98
- maritime liens 25
- vs. non-truly in rem claims 10, 97
- Turkey, wrongful arrest 170
-
United States (US)
- classification of claims in different jurisdictions 190–1
- security for maritime claims see Rule B1
- attachment (Supplemental Rules for Admiralty or Maritime Claims of the Federal Rules of Civil Procedure), US
- ‘vessel’, defined 16, 18
-
‘vexatious and oppressive’ wording
- anti-suit injunctions 342, 343
- forum non-conveniens doctrine 206, 208, 209
- voyage charterer, and meaning of ‘charterer’ 120
- wages of master or crew, claims for
- Woolf Reform of Civil Justice 5
- wrongful act, loss of life or personal injury claims 37
-
wrongful arrest 158–71
- Arrest Convention 1999 170–1
- civil law jurisdictions 170
- common law jurisdictions, other 168–9
- confusion 165–6
- crassa negligentia test see crassa negligentia test, wrongful arrest
- inappropriateness of criminal law test 162–5
- malice test 159–60
- recent decisions 166–7
- stringent test, malicious prosecution 160–2
- without reasonable and/or probable cause concept 160, 161, 165, 166