The Beijing Convention on the Judicial Sales of Ships
Page 313
INDEX
Page 313
- admiralty practice 2.14–30
- admiralty proceedings: tensions between special circumstances and 6.14–28;
- ancillary protective powers: ship arrest 2.146–153;
- Anglo-common law approach 4.1–4.5;
- arrest see ship arrest
- attachment: arrest distinguished from 5.9–15
- best possible price 6.15–17
- Bright Star, The 1.55–63
- certificate of judicial sale 1.32–34, 2.110–113;
- clean title 2.124–131, 6.23–24, 6.52–53
- coming to force 1.52–54
- comment: certificate of sale 2.120;
- comparative law perspective 3.1–2, 3.94–97;
- court of judicial sale: jurisdiction 1.41–43
- creditors, satisfaction of 3.26–30;
- express and implied procedural guarantees 3.43–46;
- framework 3.31–32;
- international effects of judicial sale 3.47–3.52;
- limits to effects of judicial sale 3.65–73;
- main provisions 3.37–42;
- relationship of Convention with treaties and national law 3.74–93;
- remedial action against enforcement proceedings 3.53–64;
- scope of application 3.33–36
- digital-first strategy 6.34–40
- digital platforms, third-party 6.29–77
- ecosystem orchestration in online judicial sales 6.41–46;
- effects of judicial sale 4.49–50;
- enforcement 3.26–30, 6.26–28;
- express and implied procedural guarantees 3.43–46;
- foreign judgments in United States 5.3–8;
- framework 3.31–32;
- international effects of judicial sale 3.47–3.52;
- limits to effects of judicial sale 3.65–73;
- main provisions 3.37–42;
- relationship of Convention with treaties and national law 3.74–93;
- remedial action against 3.53–64;
- scope of application 3.33–36
- English admiralty practice 2.14–30
- evaluation 4.59–68
- evolution of Convention 1.64–66;
- exclusions 2.34
- fairness to all parties 6.18–20
- federal maritime law: recognition of foreign judicial sales 5.16–27
- flag state registration 1.35–40
- foreign judgements: recognition and enforcement in United States 5.3–8
- foreign judicial ship sales 4.1–4.5, 5.1–5.8, 5.28–33;
- form of certificate 2.115–119
- general notice of sale 2.95–104
- harnessing procedural advantage 6.6–13
- IMO as repository 1.26–31, 2.102–104, 2.139–142;
- impartiality 6.21–22
- independence of court 6.21–22
- in rem proceedings 6.4
- integrity of court 6.21–22
- intermediary fiduciary, repository as 6.62–68
- international boundaries, notice across 2.105
- international effects of judicial sale 3.47–52
- international law framework 2.34
- international treaties: relationship of Convention with 3.74–93
- judicial sales of ships 2.37, 2.106, 3.1–2, 3.94–97, 4.1–4.5, 5.1–5.8, 5.28–33;
- acquisition of clean title 2.57–82;
- arrest and attachment distinguished 5.9–15;
- Beijing Convention 4.32–68;
- best possible price 6.15–17;
- certificate 2.110–2.131;
- clean title 6.23–24;
- Commonwealth approach 4.24–31;
- effect of 4.49–50;
- English approach 4.6–23;
- fairness to all parties 6.18–20;
- federal maritime law 5.16–27;
- harnessing procedural advantage 6.6–13;
- impartiality, independence and integrity 6.21–22;
- in rem proceedings 6.4;
- international effects of 3.47–52;
- jurisdiction of court of judicial sale 1.41–43;
- limits to effects of 3.65–73;
- nature of sale 2.38–2.56;
- notice of 2.83–2.105;
- online sales through third-party digital platforms 6.29–77;
- process under Convention 4.51–56;
- proprietary rights 3.10–12;
- recognition and enforcement 6.26–28;
- satisfaction of maritime creditors 3.26–93;
- security rights 3.13–25;
- ship arrest 6.5;
- special circumstances 6.14–28;
- sui generis nature of ship 3.3–9
- jurisdiction: court of judicial sale 1.41–43;
- legal effect of certificate 2.121–123
- legal treatment of ship, significance in relation to proprietary rights 3.10–12
- limitation 1.51, 2.34
- limits to effects of judicial sale 3.65–73
- maritime creditors, satisfaction of 3.26–30;
- express and implied procedural guarantees 3.43–46;
- framework 3.31–32;
- international effects of judicial sale 3.47–3.52;
- limits to effects of judicial sale 3.65–73;
- main provisions 3.37–42;
- relationship of Convention with treaties and national law 3.74–93;
- remedial action against enforcement proceedings 3.53–64;
- scope of application 3.33–36
- model certificate of sale 2.114
- national level: relationship of Convention with 3.74–93;
- notice of sale 1.26–31, 2.83–105;
- online sales of ships 6.1–3, 6.78–82;
- overriding objective 2.32–34
- platforms: Beijing Convention may facilitate online judicial sales 6.48–77;
- policy see public policy
- private international law perspective: proprietary rights 3.10–12;
- procedural advantage 6.6–13
- process of judicial sale 4.51–56
- proprietary rights 3.10–12
- provisions, principal 1.23;
- public announcement 2.97–101
- public policy 1.44–50, 2.168–182;
- recipients of notice of sale 2.88
- recognition of foreign judicial ship sales 4.57–58, 5.1–5.8, 5.33, 6.26–28;
- registration see flag state registration; ship registration
- remedial action against enforcement proceedings 3.53–64
- repository: as intermediary fiduciary 6.62–68;
- sale see judicial sales of ships; notice of sale; online sales of ships
- satisfaction of maritime creditors 3.26–30;
- express and implied procedural guarantees 3.43–46;
- framework 3.31–32;
- international effects of judicial sale 3.47–3.52;
- limits to effects of judicial sale 3.65–73;
- main provisions 3.37–42;
- relationship of Convention with treaties and national law 3.74–93;
- remedial action against enforcement proceedings 3.53–64;
- scope of application 3.33–36
- security rights 3.13–25;
- ship arrest 1.25, 2.145–153, 6.5;
- ship registration 2.154–167;
- signing ceremony: in Beijing 1.14–18;
- special circumstances 6.14–28;
- specific notice of sale 2.89–94
- subsequent purchaser 2.161–167
- sui generis nature of ship 3.3–9
- supervisory jurisdiction 2.132–138
- supranational/transnational level: security rights 3.21–25
- Taobao 6.31–46
- textual analysis 2.1–2.13, 2.183–194;
- ancillary protective powers 2.146–167;
- basic concepts 2.35–2.82;
- Certificate of Judicial Sale 2.110–2.131;
- exclusions and limitations 2.34;
- IMO as repository 2.139–145;
- international law framework 2.34;
- judicial sale 2.106–109;
- notice of judicial sale 2.83–2.105;
- overriding objective 2.32–2.34;
- public policy 2.168–182;
- relevant aspects of English admiralty practice 2.14–30;
- supervisory jurisdiction 2.132–138
- third-party digital platforms 6.29–77
- treaties see international treaties
- United States 5.1–5.8, 5.33;