Damages Recoveries and Remedies in Shipping Law
Page 321
Index
Page 321
- “anchor defendant” cases 295–303
- anti-suit injunction 226–227; Brexit and 234–237; comity and 229–231; key considerations 227–229; mutual trust and 231–234
- APIs 132–134
- arbitration 88–89
- balance of convenience 198–199
- banking; technology-driven innovation in 126–129 see also digital banking
- bills of lading 200
- Bitcoin 78–79; arbitration and other jurisdictions 88–89; defined 79–82; foreign currency payments, as 86–88; international enforcement 91; judgments following proprietary claims 83–84; judgments in foreign currency 84–86; normal business currency, as 89–91
- breach of charterparty 26–34 see also repudiatory breach
- Brexit 226–227, 234–237; comity and 229–231; key considerations 227–229; mutual trust and 231–234
- buyer; dismantling of vessel 65–77
- carriage of goods by sea 312–313
- causation 9–10, 193–194
- charterer’s interests 57–58
- charterparty see breach of charterparty
- COGSA 1992 316–318
- comity; anti-suit injunctions and 229–231
- commercial insurance 113–124
- commercial practices; emissions trading and 169–171
- compensatory principle; damages and 4–5
- conduct barring limitation; generally 269–276; proving recklessness 276–277
- consequential losses 8–9
- contract; measure of loss in 6–9
- contractors; liability for 303–308
- contractual damages 3–4, 15–16; damages and the compensatory principle 4–5; establishing net values 9–15; measure of loss in contract 6–9; net losses 5–6
- control centres 139–154
- cooperation 160
- cooperation qualification 47–50
- CO2 emissions; regulation 157–159 see also emissions
- creativity, judicial 113–124
- CII 166–169
- cybersecurity 115–116
- damages 26–34, 35–42; adequacy of 209–210; common law position 174–181; compensatory principle and 4–5; deductions 6, 9–16; law reform 181–184; limitations to and deductions from 9–15; negotiating 212–225 see also contractual damages; “negotiating damages”; punitive damages
- damages in lieu 210–212
- data collection 116–118, 144–146, 159, 161–162
- data processing 121–124; granular 129–134
- data standardisation 131–132
- data transmission 118–120
- delay 35–42
- demolition 73–76
- digital banking 125–126; granular data processing 129–134; liability regimes in digital banking 134–138; technology-driven innovation in banking services 126–129
- dispute resolution 110–112
- duty of care 292–295
- early redelivery 43–47; cooperation qualification 47–50; legitimate interest question 50–60; suggestions to shipowners 60–64
- EEXI model clause 164–166
- emission reduction 155–156, 172–173; private law implications 164–172; regulatory roadmap 156–164
- emissions trading 162–164, 169–172
- enforcement 91, 200–206, 224–225; mandatory injunctions 197–198, 200–206; negative obligations 206–212; negotiating damages 212–224; specific performance 199, 200–206
- ESG litigation 76
- EU Emissions Trading System (EU ETS) 162–164; allowances clause 171–172
- European Union (EU); emissions reduction 160–164
- expectation losses 7
- external factors 12–14
- Exxon Valdez litigation 239–248
- foreign currency; Bitcoin payments as 86–88; judgments in 84–86
- funds 285–288
- governmental agency; control centre and 147
- granular data processing 129–134
- greenhouse gas (GHG) emissions; regulation 156–157 see also emissions
- groups 20–21
- independent contractor; control centre and 147, 153
- indirect shareholding 23–24
- injunctions 21–23
- innovation see entry technology-driven innovation
- insurance claims; common law position 174–181; law reform 181–184
- insurance sector; Internet of Things and 114–115 see also commercial insurance; insurance claims
- Internet of Things (IoT) 113–124
- joint ventures; special purpose vehicles and 19–20
- knock-for-knock agreements 20–21
- land, control centre situated on 148
- late payment; common law position 174–181; law reform 181–184
- legitimate interest 50–60
- letter of indemnity 200–206
- liability 125–126; contractors, for 303–308; control centre, of 149–153; granular data processing 129–134; liability regimes in digital banking 134–138; technology-driven innovation in banking services 126–129; vicarious liability for punitive damages 241–247 see also liability in tort; limitation of liability
- liability in tort 308–311; “anchor defendant” cases 295–303; climate change and third parties 307–308; contractors 303–307; parent companies and a direct duty of care 292–295
- limitation of liability 154; conduct barring limitation 269–284; contracting out of the right to limit 288–289; effect of combination of funds 285–296; recklessness 276–277; salvage 289–291; timing 284–285; where to constitute a fund 287–288
- losses; assessment of loss for damages for repudiatory breach 28–34; measure of loss in contract 6–9 see also net losses; reflective loss; third party loss
- mandatory injunctions 197–198, 200–206
- measure of loss 6–9, 193–194
- mitigation 11–12, 26–34, 193–194
- money; Bitcoin as 81–82
- monitoring 143
- mutual trust; anti-suit injunctions and 231–234
- navigation 143–144
- negative obligations; enforcement of 206–212
- “negotiating damages” 212–224; negative obligations 206–212
- net losses 5–6
- net values 9–15
- newbuilding vessels 157–158
- open banking 132–134
- operators see ship operators
- parent companies 292–295
- personnel; control centres, employed in 147–149
- private law 164–172
- prohibitory injunctions 206–207
- property; Bitcoin as 80–81
- proprietary claims; judgments in Bitcoin 83–84
- punitive damages 238–239, 268; Batterton 253–267; Exxon Valdez 239–248; Townsend 248–253
- reasonable time 187–191
- recklessness 276–277
- recourse 194
- rectification 96–106
- redelivery see early redelivery
- reflective loss 17–25
- regulation 113–124; emissions 156–164
- reliance losses 7–8
- remedies 95–96, 224–225; dispute resolution mechanisms 110–112; mandatory injunctions 197–198, 200–206; negative obligations 206–212; negotiating damages 212–224; rectification 96–106; rescission 106–110; specific performance 199, 200–206
- remoteness 10–11, 193–194
- repudiatory breach; assessment of loss for damages for 28–34
- rescission 106–110
- restrictive covenant 207
- right to limit 154; contracting out of 288–289
- salvage 289–291
- seaworthiness; new attributes for 166
- security, provision of 200–206
- shareholding see indirect shareholding
- ship; control centred situated on board 148–149; definition of 139–140
- shipowner; control centre and 146, 152–153; obligations 166–167; right to refuse early redelivery 43–64
- ship operators 155–156, 172–173; private law implications 164–172; regulatory roadmap 156–164
- smart contracts 95–96; dispute resolution mechanisms 110–112; rectification 96–106; rescission 106–110
- special purpose vehicles; joint ventures and 19–20
- specific performance 199, 200–206
- subsidiaries 20–21
- sulphur; regulatory action 156–157
- tax 14–15
- technology-driven innovation; banking services 126–129
- third parties, acts of 308–311; “anchor defendant” cases 295–303; climate change and 307–308; liability for contractors 303–307; parent companies and a direct duty of care 292–295
- third party loss 312–313
- timing 284–285
- tort see liability in tort
- unmanned ship, definition of 140
- unmanned ship operations 139–154
- vicarious liability 292–293; punitive damages, for 241–247
- wreck removal 289–291