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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Laytime and Demurrage: A Comparative Perspective

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ISBN13: 9781138847521
To be Published: January 2019
Publisher: Informa Law from Routledge
Country of Publication: UK
Format: Hardback
Price: £105.00



This book discusses the law of laytime and demurrage from a comparative perspective, drawing on UK, US and Norwegian/Scandinavian case law.

Shipping is an international industry and contracts which are used in the chartering of ships are made out in the English language and reflect Anglo-American legal culture in the way they are drafted. Anglo-American legal influence is further enhanced by the fact that the standard charter forms in use normally contain English or American choice of law as part of their standard term. Such international dominance of Anglo-American law affects Norwegian law in two major ways. Firstly, Norwegian background law can be affected in that the provisions of the Maritime Code to a greater or lesser extent are adjusted to suit Anglo-American law solutions. Secondly, influence may be exerted via Norwegian case law in that questions of interpretation of charterparties under Norwegian law are affected by Anglo-American law solutions.

Here, Solvang examines the law of laytime and demurrage from a comparative perspective, exploring to what extent it is advisable to adopt foreign law solutions to questions of construction of contracts. He also examines the implications of giving preferential treatment to foreign law at a domestic level.

This book will be of great interest to scholars and practitioners of maritime and shipping law.

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Subjects:
Shipping, Transport and Maritime Law
Contents:
Foreword
Introduction
Part I The influence of Anglo-American law on charterparty interpretation under Norwegian law
1. Introduction and Methods of interpretation that may lead to the application of foreign law
2. A critical assessment of key premises for the adoption of various interpretative methods of Anglo-American law and Certain interpretrational complexities arising from the adoption of English law into Norwegian law

Part II Risk and risk allocation in general
3. Introduction and Risk allocation – core concepts and principles
4. A closer look at the principles governing risk allocation in selected types of contracts and Risk-allocation issues where circumstances prevent the vessel from being put at the charterer's disposal

Part III The legal nature of laytime - risk allocation during the stage of loading operations
5. Introduction, The nature of laytime – some starting points and a closer look at the relationship between background rules of law and the contract
On laytime and concurrent hindrances in particular
Exeeding of laytime – the legal nature of demurrage
6. Risk allocation during time on demurrage
7. The relationship between laytime-related risks and remedies for breach of contract: claims for damages by the carrier in addition to demurrage
The relationship between laytime-related risks and remedies for breach of contract: the parties' right to terminate the contract in the event of significant delay
Concluding thoughts

Part IV Commencement of laytime – the transfer of risk
8. Introduction and The vessel's geographical arrival and the transfer of risk
9. Defects, rectification of defects and transfer of risk
10. General discussion of the ship's physical readiness – defects and hindrances to performance
11. Formal requirements and the transfer of risk and Concluding reflections Concluding remarks