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Articles for December 2003
Forever room for error?
With safety always a key concern, Christopher Hill considers how the concept of ‘idiot-proofing’ the shipping industry, even with a first-rate mélange of education, experience and technology, is perhaps a little naive in a world full of humans.
Ship Agents’ Disbursements and the Right of Arrest
Paul Smith, founder of Paul Smith & Co and author of ‘The Ship Arrest Handbook’ explains how ship agents frequently find themselves in a position in which they are owed unpaid fees and disbursements from a company or ship to which they have provided agency services. Remedies are of course available but the only certain way of avoiding the risk of a bad debt is for the agent to obtain funds prior to the ship’s arrival or, at the very least, before it sails.
Arresting ships in Algeria
Certain jurisdictions have traditionally been favoured for a ship arrest but as Peter Iglikowski, a partner of Richards Butler Paris and a dual-qualified English and French lawyer, and Mourad Azizi, a consultant of Richards Butler Paris and a dual-qualified Algerian and French lawyer, explains there are other territories to consider
Arrest of ships: practical aspects of a P&I club’s response
Unfortunately for shipowners, ship arrest is a regular threat as a means of obtaining security for P&I claims. As Michele White, director of Thomas Miller P&I Ltd and Thomas Miller Defence Ltd explains, there is plenty that P&I clubs are able to do to help out in minimising the resultant delays
Beyond the corporate veil
In this article, Jeb Clulow of Barlow Lyde & Gilbert explores the various means by which a party can pre-contract protect himself when dealing with a single asset company and post-contract pierce or otherwise avoid any corporate veil that lies between him and the assets that he seeks to attach.
2003 review
Liz Booth looks back over the past twelve months and looks ahead to 2004