i-law

Document

Page 321

Index

“anchor defendant” cases –

anti-suit injunction –; Brexit and –; comity and –; key considerations –; mutual trust and –

APIs –

arbitration –

balance of convenience –

banking; technology-driven innovation in – see also digital banking

bills of lading

Bitcoin –; arbitration and other jurisdictions –; defined –; foreign currency payments, as –; international enforcement ; judgments following proprietary claims –; judgments in foreign currency –; normal business currency, as –

breach of charterparty – see also repudiatory breach

Brexit –, –; comity and –; key considerations –; mutual trust and –

buyer; dismantling of vessel –

carriage of goods by sea –

causation –, –

charterer’s interests –

charterparty see breach of charterparty

COGSA 1992 –

comity; anti-suit injunctions and –

commercial insurance –

commercial practices; emissions trading and –

compensatory principle; damages and –

conduct barring limitation; generally –; proving recklessness –

consequential losses –

contract; measure of loss in –

contractors; liability for –

contractual damages –, –; damages and the compensatory principle –; establishing net values –; measure of loss in contract –; net losses –

control centres –

cooperation

cooperation qualification –

CO2 emissions; regulation – see also emissions

creativity, judicial –

CII –

cybersecurity –

damages –, –; adequacy of –; common law position –; compensatory principle and –; deductions , –; law reform –; limitations to and deductions from –; negotiating – see also contractual damages; “negotiating damages”; punitive damages

damages in lieu –

data collection –, –, , –

data processing –; granular –

data standardisation –

data transmission –

delay –

demolition –

digital banking –; granular data processing –; liability regimes in digital banking –; technology-driven innovation in banking services –

dispute resolution –

duty of care –

early redelivery –; cooperation qualification –; legitimate interest question –; suggestions to shipowners –

EEXI model clause –

emission reduction –, –; private law implications –; regulatory roadmap –

emissions trading –, –

enforcement , –, –; mandatory injunctions –, –; negative obligations –; negotiating damages –; specific performance , –

ESG litigation

EU Emissions Trading System (EU ETS) –; allowances clause –

European Union (EU); emissions reduction –

expectation losses

external factors –

Exxon Valdez litigation –

foreign currency; Bitcoin payments as –; judgments in –

funds –

governmental agency; control centre and

granular data processing –

greenhouse gas (GHG) emissions; regulation – see also emissions

groups –

independent contractor; control centre and ,

indirect shareholding –

injunctions –

innovation see entry technology-driven innovation

insurance claims; common law position –; law reform –

insurance sector; Internet of Things and – see also commercial insurance; insurance claims

Internet of Things (IoT) –

joint ventures; special purpose vehicles and –

knock-for-knock agreements –

land, control centre situated on

late payment; common law position –; law reform –

legitimate interest –

letter of indemnity –

liability –; contractors, for –; control centre, of –; granular data processing –; liability regimes in digital banking –; technology-driven innovation in banking services –; vicarious liability for punitive damages – see also liability in tort; limitation of liability

liability in tort –; “anchor defendant” cases –; climate change and third parties –; contractors –; parent companies and a direct duty of care –

limitation of liability ; conduct barring limitation –; contracting out of the right to limit –; effect of combination of funds –; recklessness –; salvage –; timing –; where to constitute a fund –

losses; assessment of loss for damages for repudiatory breach –; measure of loss in contract – see also net losses; reflective loss; third party loss

mandatory injunctions –, –

measure of loss –, –

mitigation –, –, –

money; Bitcoin as –

monitoring

mutual trust; anti-suit injunctions and –

navigation –

negative obligations; enforcement of –

“negotiating damages” –; negative obligations –

net losses –

net values –

newbuilding vessels –

open banking –

operators see ship operators

parent companies –

personnel; control centres, employed in –

private law –

prohibitory injunctions –

property; Bitcoin as –

proprietary claims; judgments in Bitcoin –

punitive damages –, ; Batterton –; Exxon Valdez –; Townsend –

reasonable time –

recklessness –

recourse

rectification –

redelivery see early redelivery

reflective loss –

regulation –; emissions –

reliance losses –

remedies –, –; dispute resolution mechanisms –; mandatory injunctions –, –; negative obligations –; negotiating damages –; rectification –; rescission –; specific performance , –

remoteness –, –

repudiatory breach; assessment of loss for damages for –

rescission –

restrictive covenant

right to limit ; contracting out of –

salvage –

seaworthiness; new attributes for

security, provision of –

shareholding see indirect shareholding

ship; control centred situated on board –; definition of –

shipowner; control centre and , –; obligations –; right to refuse early redelivery –

ship operators –, –; private law implications –; regulatory roadmap –

smart contracts –; dispute resolution mechanisms –; rectification –; rescission –

special purpose vehicles; joint ventures and –

specific performance , –

subsidiaries –

sulphur; regulatory action –

tax –

technology-driven innovation; banking services –

third parties, acts of –; “anchor defendant” cases –; climate change and –; liability for contractors –; parent companies and a direct duty of care –

third party loss –

timing –

tort see liability in tort

unmanned ship, definition of

unmanned ship operations –

vicarious liability –; punitive damages, for –

wreck removal –

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.