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Thomas Cooper: Shipping Focus – New Year Edition – 2015

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Shipping Focus – New Year Edition

Welcome to the 2015 New Year Edition of Shipping Focus, the e-update from Thomas Cooper’s Shipping Group, in which you can review the latest legal developments in your area of shipping and keep up to date with Thomas Cooper’s news and forthcoming events.

Pan Pan – Pan Pan – Pan Pan

Greek myths and breakdown in need of repair by Tim Wardlaw

Like MAYDAY (M’aidez), the origin of the international PAN PAN distress signal derives from the French language, “panne”, meaning broken. Does salvage jurisprudence need mending?… (read more)

“Putting one’s cards face upwards on the table”:

Is English law making the first steps towards adopting an implied principle of good faith and what implications might this have for contracting parties in Asia in “relational” contracts employing English law? by Mark Sachs and Hannah Brown

“I respectfully suggest that the traditional English hostility towards a doctrine of good faith in the performance of contracts, to the extent it still persists, is misplaced”… (read more)

Can a Ship Owner  Exclude His Right To Limit Liability By Contract? by Ben Browne

By Section 185 and Schedule 7 Merchant Shipping Act 1995 pursuant to the Convention on Liability for Maritime Claims 1976 (“LLMC”) ship owners can limit their liability in respect of loss of life and personal injury… (read more)

Spanish new regulation on marine liability insurance by Bernardo Ruiz Lima and Victor Mata

After many years of discussing drafts, the Spanish Navigation Act finally came into force on 25th September 2014. The Act fulfils the need of embodying, updating and harmonizing the dispersed Spanish maritime regulation, formerly mainly enacted in the Commercial Code dated 1885 but with many other spread references… (read more)

Jurisdiction and Arbitration clauses: The New Spanish Shipping Act by Javier Hernández Valenciano

The long expected Spanish Shipping Act –Ley 14/2014, de 24 de Julio, de Navegación Marítima– (hereinafter referred as “LNM”), finally came into force on 25 September 2014 after three separate attempts over the last twenty years… (read more)

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