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Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - BERLINGIERI ON ARREST OF SHIPS (2ND EDITION)

BERLINGIERI ON ARREST OF SHIPS (2nd Edition). Francesco Berlingieri, Honorary President C.M.I., Senior Partner, Studio Legale Berlingierie. LLP, London (1996) xxxv and 227pp., plus 7pp. Index. Hardback £95.
This fittingly well-acclaimed work on the arrest of ships, in its second edition, by the distinguished Professor Berlingieri, is certain to be a welcome addition to the specialized collection to which it belongs. To have been described in its title as “a commentary” on the International Convention for the Unification of Certain Rules Relating to the Arrest of Sea-Going Ships 1952 (the 1952 Convention) understates the tenor, depth, and breadth of the work in that further reference to other material is unnecessary, for the purpose of familiarization with general or specific aspects of the subject-matter. There are explanatory citations of the law, practice, and travaux préparatoires of the diverse contracting, as well as non-contracting, States, as are relevant, throughout the six broad chapters of the book. The sequence of the respective chapters are: History of the Convention (1930–1952); The Scope of Application of the Convention (as set out in the rules of Art. 8(1)—(5), on the notion of a ship, the rôle of the flag as symbol of nationality or of subscription/nonsubscription to the Convention); Implementation of the Convention by Contracting States; The Notion and Purpose of Arrest and Claims in Respect of Which a Ship May be Arrested; Ships That May Be Arrested (including in particular the “fundamental rule”, and its application, that the owner is liable in respect of a maritime claim relating to the ship in question or other ships owned by the same owner); Procedure Relating to Arrest (i.e., jurisdiction under Art. 4: arrest under the authority of a competent court or judicial authority of the pertinent contracting State; the requirements of substantiation which may be made of a prospective claimant; the applicability of domestic rules; release of a ship arrested, and whether further trading by the ship is to be allowed; damages for wrongful arrest; the relevance of the European Communities’ Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended in the Lugano Convention on the same topics): Art. 57 thereof permitting Art. 7 of the 1952 Convention; the avoidance or resolution of conflicts between the jurisdictional bases of the claimant’s habitual residence or principal place of business, and jurisdiction on the basis of place of arrest; claims concerning the voyage of the ship during which arrest is made, claims arising from collision, salvage claims, claims upon mortgages or hypothèques), followed by appendices containing the Text, and the Revision of, the Convention itself, currently being re-considered. For your reviewer given to the English Mareva procedure derived from the material in the review book, the quality, along with the readability, of the information therein, is to be acknowledged.

Olusoji Elias

Honorary Secretary, The London Shipping Law Centre, University College London.

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