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INDEX

INDEX

abandoned ships

accidental collision ,

accidents or incidents of navigation other than collision –, , –,

agency fees, brokerages or commissions

air-cushion vehicles

Albania

allision

Amoco Cadiz accident , ,

arbitration: arrest of vessels , , –, ; collision ; salvage: interim payments –; salvage: publication of awards –

archaeological objects –,

Argentina

arrest of sea-going ships: 1952 Convention ; arrest, notion of –, ; burden of proof –; charter by demise –, –; claims in respect of which ship may be arrested –; (claims): agreement relating to use or hire of ship ; (claims): bottomry ; (claims): carriage of goods ; (claims): construction, repair or equipment –; (claims): damage caused by any ship ; (claims): disputes between co-owners –; (claims): dock charges and dues ; (claims): general average ; (claims): goods or materials whenever supplied –; (claims): loss of life or personal injury –; (claims): master’s disbursements ; (claims): mortgage or hypothecation of any ship –; (claims): pilotage ; (claims): salvage ; (claims): title to or ownership of any ship ; (claims): towage ; (claims): wages , –; history –; jurisdiction for arrest –; jurisdiction on the merits –; release of ship , –; reservations –; scope of application , –; scope of application: excluded measures –; ships that may be arrested , –; (ships): claim by owner of chartered ship against charterer –; (ships): not owned by person liable –; (ships): re-arrest and multiple arrest –; (ships): in respect of which claim has arisen or sister ship –; wrongful arrest, liability of claimant for

arrest of ships: 1952 Convention see arrest of sea-going ships; collision and civil jurisdiction –; Collision Convention 1910: extension of prescription period –; law costs due to state ; maritime liens , , , , –, –, , ; salvage , , –; seizure and –, , –

arrest of ships: 1999 Convention: arrest, notion of –; burden of proof –; claims in respect of which ship may be arrested –; (claims): agreement relating to use or hire of ship ; (claims): carriage of goods or passengers ; (claims): co-owners ; (claims): commissions, brokerages or agency fees ; (claims): contract for sale of ship ; (claims): disbursements –; (claims): dues and charges –; (claims): general average ; (claims): good, materials, provisions, bunkers, equipment ; (claims): insurance premiums ; (claims): loss or damage caused by operation of ship ; (claims): loss of life or personal injury ; (claims): mortgages or hypothèques ; (claims): ownership or possession ; (claims): preventative measures to avoid pollution damage –; (claims): (re)construction, repair, converting or equipping ; (claims): salvage , –; (claims): sunk, wrecked, stranded or abandoned ships ; demise charterer –; enforcement of arrest –; excluded ships –; history –; intended navigation –; jurisdiction for arrest –; jurisdiction on the merits –; layout and structure ; nationality of ships that may be arrested ; parties ; recognition and enforcement of judgments –; release of security –; release of ship from arrest –; sea-going or not –; ships that may be arrested –; (ships): associated ships –; (ships): not owned by person liable ; (ships): other ships owned by person liable ; (ships): re-arrest and multiple arrest –; (ships): in respect of which claim is asserted –; wrongful arrest, liability for –

assistance: obligation to render assistance to persons in danger –, , ; post-collision obligations –, ,

associated ships, arrest of –

Australia –, –

bank guarantees

bankruptcy , –, ; see also insolvency proceedings

bareboat registration –

Belgium ,

bills of lading , , , , , , , –; maritime liens and mortgages , ; negligence clause

Bolivia ,

bottomry , , , ,

Brazil

brokerages, commissions or agency fees

burden of proof: claim for which arrest is applied for –, –; collision , –; limitation of liability: 1957 Convention , –; maritime liens ; salvage

Cameroon

Canada

cas fortuit: 1910 Collision Convention ,

CEMAC (Communauté Economique et Monétaire de l’Afrique Centrale)

Central African Republic

certificates of competence to seamen

Chad

charges, registrable –, , –; see also mortgages: 1993 Convention

China ,

choice of court agreements: collision

civil jurisdiction: collision –

co-owners: arrest of ships and disputes between –, , , –

collective bargaining agreements

collision: 1910 Convention: accidents covered (collision need not have taken place) –; apportionment of damages , –; burden of proof , –; death or personal injury , –; formalities, absence of , –; history –; language, official ; liability regime –; limitation of liability , ; limitation periods –, –; no liability conceivable –; non-observation of regulations ; obligations of contracting parties , ; parties to ; personal injury or loss of life , –; pilots , –; post-collision obligations –, ; presumptions, absence of legal –; prior liability regimes ; relation with other Conventions or national laws ; scope of application –, , ; two or more ships at fault –; unilateral fault –

collision: civil jurisdiction (1952 Convention) ; cases to which Convention does not apply –; choice of court agreements ; counterclaims –; courts in which action may be brought –; parties to ; place of collision ; prohibition on bringing further action –; rules of procedure –; scope of application

collision: penal jurisdiction (1952 Convention) ; circumstances in which flag relevant –; conflict with other Conventions –, –; nature of event ; parties to ; place where event occurred ; position of persons involved ; scope of application –

collision: arrest of ships , –, , , ; maritime liens and indemnities for collision or other accident of navigation –

Colombia ,

commissions, brokerages or agency fees

Communauté Economique et Monétaire de l’Afrique Centrale (CEMAC)

conflict between Conventions –, , –

Congo

consent , , , , , ; deregistration of vessels –

containers/container ships , , –, , , , , , ,

corporate veil, piercing –

Costa Concordia accident , ,

court, payment into

crew –; abandoned ship (by owners) ; arrest of ships , –, , ; collision: 1910 Convention , , , , ; collision: civil jurisdiction (1952 Convention) , ; collision or other incidents of navigation: penal jurisdiction (1952 Convention) , ; criminal proceedings ; disciplinary proceedings ; employment contract see separate entry; maritime liens , , , , , –, –, ; salvage , –, –, –, ,

criminal jurisdiction: collision and other incidents of navigation (1952 Convention) –, –

cruise/passenger ships , ,

cultural heritage, underwater –,

damages: arrest of ships , ; collision , , –, , , ; maritime liens ; pre-contractual ; salvage: pollution ; salvor’s misconduct ; wrongful arrest, liability of claimant for

death: arrest of ship –, ; collision: 1910 Convention , –; maritime liens , ,

Denmark , ,

disbursements: arrest of ships , , –; maritime liens ; remuneration due to salvor , , ,

disciplinary proceedings –

dishonest conduct: salvage –

dock/harbour/port dues and charges , , –, , , ,

drilling units –

droit de suite , –, , –

Ecuador ,

ejusdem generis ,

employment contract: arrest of ships , –, , ; limitation of liability, claims excepted from , , –; maritime liens , , , , –, –, ; salvage: services rendered by crew of vessel in danger –; salvors

environment: arrest of ships –; detention of ships by governments or public authorities , , –; salvage: protection of , , , , –, , –, –, –, , ; see also pollution damage

Equatorial Guinea

Erika accident

European Union: collision and death or personal injury ; detention of ships by governments or public authorities , –; forced sale and change of registration ; foreign order of arrest, enforcement of –; jurisdiction ; jurisdiction for arrest –, , –; oil tankers –; salvage: places of refuge

exclusive economic zone ; arrest of ships ; wrecks –

Finland , ,

fisheries

floating platforms , –,

force majeure: arrest ; collision ,

forced sale , , ; arrest of sea-going ships: 1952 Convention , –; arrest of ships: 1999 Convention ; maritime liens and mortgages: 1926 Convention , ; maritime liens and mortgages: 1993 Convention , , , , , , , –,

formalities: collision and absence of , –; maritime liens –

France , , , –, , ; arrest of ships , , ; maritime liens , , , , , ; part-ownership of ship

fraud: salvage ,

Gabon

gages

general average: arrest of ships , , –, , ; limitation of liability: 1957 Convention , ; limitation of liability: 1976/1996 Convention ; maritime liens , , , –

Germany ; maritime liens –, , , –

governments or public authorities: detention of ships by –, –

Greece

habitual residence or place of business: arrest –, , , ; collision

harbour/dock/port dues and charges , , –, , , ,

hazardous and noxious substances , ,

health and safety: detention of ships by governments or public authorities , –, ; see also environment; pollution damage

heritage, underwater cultural –,

High Speed Craft, International Code of Safety for (HSC Code)

historical objects –,

history: 1910 Collision Convention –; arrest of sea-going ships: 1952 Convention –; arrest of ships: 1999 Convention –; limitation of liability: 1957 Convention –; limitation of liability: 1976/1996 Convention –; maritime liens and mortgages: 1926 and 1993 Conventions –, –

Hong Kong

hotels

humanitarian cargoes: payment for salvage services –

hypothecation ,

hypothèques see mortgages

immunity of state-owned ships , , ,

incidents or accidents of navigation other than collision –, , –,

indemnities: maritime liens –

India

information: collision: 1910 Convention –; maritime liens –; notice of forced sale –; publication of arbitral awards –; registers open to public , ; salvage , –

inland navigation, ships of: arrest of ships –; collision –, ; maritime liens and mortgages , ; salvage –

insolvency proceedings: arrest of ships –,

insurance , , , ,

interest: right of salvor to

interim payments: salvage , –

International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code)

International Ship and Port Facility Security Code (ISPS Code)

International Tribunal for the Law of the Sea

interpretation of treaties ; ordinary meaning of terms

Italy –, ; arrest of ships , , ; maritime liens , , ; part-ownership of ship

joint and several liability ; collision , , –; salvage –, –,

jurisdiction: Admiralty Court ; for arrest –; collision: 1952 Convention on civil –; collision or other incidents of navigation: 1952 Convention on penal –; maritime liens and mortgages ; on the merits –; salvage ; territorial waters

jurisdiction for arrest: 1952 Convention ; after ship has sailed ; authorised by judicial authority –; authorised by judicial authority of contracting state in which arrest made –; before arrival of ship –; choice of judicial authority ; exclusive jurisdiction: 1952 Convention on Penal Jurisdiction and UNCLOS –; foreign court, arrest pursuant to order of –; lis pendens –; no jurisdiction on the merits and –; ports form part of coast ; ships ready to sail , ; when court has jurisdiction on the merits but ship not within jurisdiction –; when decision on the merits already obtained

jurisdiction for arrest: 1999 Convention –

jurisdiction on the merits: 1952 Convention –; jurisdiction for arrest when no –

jurisdiction on the merits: 1999 Convention: exceptions to general rule ; general rule –; time by which proceedings on merits must be brought –

Latvia

liability salvage, exclusion of –

life, loss of: arrest of ship –, ; collision: 1910 Convention , –; maritime liens , ,

limitation of liability: 1957 Convention ; arrest of ships ; burden of proof , –; claims where benefit of limitation applicable –; collision caused by pilot: 1910 Convention –; direct liability principle ; excepted form limitation, claims –; history –; limitation fund, constitution of –; limitation fund, distribution of –; limits of liability –; loss of right to limit –; maritime liens –, ; persons entitled to limit –; reservations allowed by Protocol of signature ; scope of application –; ships to which applicable ; single and cross liability

limitation of liability: 1976/1996 Convention ; aggregation of claims ; arrest of ships , , ; bar to other actions –; claims where benefit of limitation applicable –; collision caused by pilot: 1910 Convention –; excepted from limitation, claims –; history –; intended navigation –; invoking limitation of liability –; limitation without constitution of fund –; limits of liability –; loss of right to limit –; maritime liens –; persons entitled to limit –; reservations –; scope of application , –; scope of application: exclusions from –; single liability principle

limitation periods: assistance ; collision –, –; extension of –, –; maritime liens –, , , –, –; salvage , –

lis pendens –

maritime liens: and arrest of ships , , , , –, –, , , , , –; salvage: 1989 Convention –

maritime liens: 1926 Convention ; categories of claims secured by –, –, ; countries in force in ; droit de suite , –; expenses incurred to preserve vessel or procure sale –; extinction of –; forced sale , ; history –; indemnities –; language, official ; law costs due to state ; national , –; properties on which can be enforced –; ranking of claims inter se and in respect of hypothèques , –; sale of vessel , –; scope of application –

maritime liens: 1993 Convention ; bareboat registration ; claims secured by –; claims set out in Art_4(1) not secured by ; droit de suite , –; extinction of , –; forced sale , , , , , , –; history –; national maritime liens and rights of retention –; parties to ; priorities, extent to which limitation proceedings may affect –; priority of Convention maritime liens and of registered securities –, ; ranking inter se –; rule pursuant to which maritime liens travel with claims –; scope of application ; vessels to which applies –

misconduct of salvor, effect of –

mortgages ; arrest of ships –, , , –; extinction period for maritime liens , ,

mortgages: 1926 Convention; countries in force in ; forced sale ; history –; provisions on –; ranking of claims secured by maritime liens inter se and in respect of hypothèques , –; scope of application –

mortgages: 1993 Convention; bareboat registration –; change of registration of vessel –; forced sale , , –, ; history –; parties to ; priorities, extent to which limitation proceedings may affect –; priority of Convention maritime liens and of registered securities –, ; provisions of hypothèques, charges and –; ranking of registered securities inter se –; registrable charges –; scope of application , –; vessels to which applies –

multiple arrest see re-arrest

nationality of interested persons: collision , ; collision or other incidents of navigation: disciplinary or criminal proceedings –; limitation of liability , , ; maritime liens and mortgages ; salvage –,

nationality of ships ; arrest , , , , , –; change of registration –, –, ; collision –, , ; conditions for registration ; maritime liens –, , –, , ; mortgages –, , –, –; salvage –, ,

neglect: salvage

negligence: collision ; salvage

Netherlands , , , ,

Nigeria , ,

Norway , , ,

notice of forced sale –

nuclear damage

oil tankers , –, , , –

ordinary meaning of terms

ownership of ship, arrest of ship in respect of dispute as to , –, –, ,

P & I Club ; letter of undertaking

passenger/cruise ships , ,

penal arrest of ships

penal jurisdiction: collision and other incidents of navigation (1952 Convention) –, –

pension contributions

perpetuatio jurisdictionis

personal injury: arrest of ship –, ; collision: 1910 Convention , –; maritime liens , , ; maritime liens and indemnities for

Peru ,

pilots/pilotage: arrest of ships , , ; collision , –; maritime liens and dues , –; pollution damage ; salvage

place of business or habitual residence: arrest –, , , ; collision

platforms , –,

pollution damage , ; CLC Convention 1992 , , –, –, , –; salvage: rights of coastal states –; seaworthiness of vessels to avoid ; see also environment

Port State Control: IMO Procedures for ; Memorandum of Understanding (MoU) –

port/harbour/dock dues and charges , , –, , , ,

ports/places of refuge –, –

possession of ship, arrest of ship in respect of disputes as to –, , ,

possessory liens ,

posterior potior est priori

prescription periods see limitation periods

Prestige accident

presumptions, collision and absence of legal –

pretius succedit in locum rei

public authorities ; detention of ships by –, –; salvage operations controlled by –

public service see state-owned ships

re-arrest and multiple arrest: 1952 Convention –; prohibition of re-arrest –; remedy in case of breach of prohibition ; situations in which re-arrest permitted –

re-arrest and multiple arrest: 1999 Convention –

recognition and enforcement of judgments –

refuge, ports/places of –, –

registrable charges –, , –; see also mortgages: 1993 Convention

registration ; bareboat –; change of –, –, ; mortgages, hypothèques and charges , ; see also nationality of ships

release of security: 1999 Arrest Convention –

release for ship from arrest: 1952 Convention , –; bail or other security –; failure to bring timely proceedings on the merits –; linkage between proceedings for arrest and proceedings on the merits –

release for ship from arrest: 1999 Convention –

repairers, ship ; rights of retention , , , , , –, , , ,

res judicata

respondentia , ,

retention, rights of , , , , , –, , , ,

Rhine River –,

Roman law , ,

Russian Federation ,

safety and health: detention of ships by governments or public authorities , –, ; see also environment; pollution damage

sale of ship: arrest of ships and dispute arising out of contract for ; forced sale see separate entry; maritime liens –, , , ; mortgages, hypothèques or charges –

salvage: arrest of ship , , , , , , , –; maritime liens –, –, , –

salvage: 1989 Convention –, , –; abnormal amount of reward –; assistance, duty to render , ; claims and actions –; cultural heritage –, ; danger, notion of –; definition of property –; definition of salvage –, ; definition of vessel –; duties of owner and master –; duties of salvor –; excluded vessels or other property –; geographical scope ; humanitarian cargoes –; interest ; interim payments –; liability salvage, exclusion of –; limitations of actions –; mandatory provisions , –; maritime liens –; non-mandatory provisions , ; parties to ; performance of salvage operations –; provisions that do not concern relationship between salvors and owners , –; public authorities, salvage operations controlled by –; publication of arbitral awards –; salvors, rights of see separate entry; scope of application –; security, duty to provide –; state-owned cargoes –; states, rights and cooperation of –; undue influence of danger

salvage and assistance: 1910 Convention –, , ; amount of remuneration –; apportionment of remuneration –; assistance to persons in danger, obligation to render , –; burden of proof ; by whom and to whom services may be rendered –; challenging terms of salvage agreement –; conditions for entitlement to remuneration –; danger, notion of –; from whom salvage remuneration is due –; language ; limitation of actions ; nature of services ; no remuneration due ; persons, salvage of , ; place ; remuneration due to salvor , –; scope of application –; subject matter of services –; ‘things on board’ , ; useful result

salvors, rights of (1989 Convention) ; apportionment between owner, master and crew ; apportionment between salvors –; by whom reward must be paid –; conditions for reward –; criteria for fixing reward , , –; fair rate for equipment and personnel –; misconduct of salvor, effect of –; out-of-pocket expenses , ; persons, salvage of –; prohibition of salvage operations –; SCOPIC Clause –; services rendered under existing contracts –; special compensation –, –,

SCOPIC Clause –

sea-going ships: arrest of sea-going ships: 1952 Convention see separate entry; arrest of ships: 1999 Convention –; collision: 1910 Convention –, ; collision: civil jurisdiction (1952 Convention) ; limitation of liability: 1957 Convention 3386; limitation of liability: 1976/1996 Convention –; maritime liens and mortgages: 1926 Convention ; maritime liens and mortgages: 1993 Convention –; meaning , , ; salvage and assistance: 1910 Convention –

seaworthiness of vessels

security , , , , ; release of ship from arrest upon bail or other –; salvage –,

seizure and arrest –, , –

severance pay

shipbuilders: rights of retention , , , , , –, , , ,

Singapore

single ship companies

sister ship arrest provision –, –, ,

Slovenia , , ,

social insurance –, ,

solicitors

Spain , , , ,

state-owned cargoes: salvage –

state-owned ships , ; collision ; immunity , , , ; maritime liens and mortgages , , ; salvage –, –,

subrogation –, , ; objective

sunken ships , , , , , , ; 1910 Salvage Convention ; 1989 Salvage Convention , , ,

Sweden , ,

Switzerland

taxation: maritime liens ,

territorial sea , , , , ; arrest of ships –

time limits ; assistance ; collision –, –; deregistration of vessels ; forced sale ; International Ship Security Certificate ; maritime liens –, , , –, –; salvage , –

title to ship, arrest of ship in respect of dispute as to , –,

tonnage dues , ,

towage: arrest of ships , , ; salvage –, , –

treaty interpretation ; ordinary meaning of terms

undue influence of danger: salvage

UNESCO: underwater cultural heritage –,

United Kingdom: arrest of ships , –, , , –, –, , , –, –, , , , , –; collision , , , ; maritime liens , ; salvage , , , , , –; state-owned ships ; towage and salvage

United States: allision ; arrest of ships ; collision , , , –, , ; salvage , , ,

Venezuela –

wages: arrest of ships , –, , ; maritime liens , , , , –, –,

warships: collision ; definition ; maritime liens and mortgages , , ; salvage –, –

wrecks , , , , ; 1910 Salvage Convention ; 1989 Salvage Convention , , , , ; Nairobi Convention –; UNESCO Convention ,

wrongful arrest, liability of claimant for: 1952 Convention

wrongful arrest, liability for: 1999 Convention –

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