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Francesco Berlingieri - Berlingieri of Arrest of Ships

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Francesco Berlingieri Berlingieri of Arrest of Ships
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This book is an invaluable source of information about the claims in respect of which a ship may be arrested in the various maritime countries of the world, the conditions for obtaining an order of arrest, the need, if any, for a security, the manner by which the ship that has been arrested may be released, the possibility of a multiple arrest and the jurisdiction on the merits.

Berlingieri provides an analysis and insightful commentary, on an article per article and paragraph per paragraph basis, of the 1952 International Convention for the Unification of Certain Rules Relating to the Arrest of Sea-Going Ships and the 1999 International Convention on Arrest of Ships (entering into force September 2011).

New to this edition

  • Updating of the information on the interpretation of the 1952 Convention in a number of Contracting States
  • An analysis of the adoption of the rules of the 1999 Conventions in various States of the world, including China, the member States of the Communaut conomique et Montaire de lAfrique Centrale (Cameroon, Congo, Gabon, Tchad), the member States of the Comunidad Andina (Bolivia, Columbia, Ecuador and Peru) and Venezuela.

This book is a useful reference tool for practitioners, as well as academics and post-graduate students of maritime law.

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BERLINGIERI ON ARREST OF SHIPS LLOYDS SHIPPING LAW LIBRARY Series - photo 1

BERLINGIERI ON
ARREST OF SHIPS

LLOYDS SHIPPING LAW LIBRARY

Series editors: Andrew W. Baker, QC and Hatty Sumption

Lloyd's Shipping Law Library

The Law of Ship Mortgages
by Graeme Bowtle and Kevin McGuinness
(2001)

The Law of Shipbuilding Contracts
Third edition
by Simon Curtis
(2002)

The Law of Tug and Tow
Second edition
by Simon Rainey
(2002)

Merchant Shipping Legislation
Second edition
by Aengus R. M. Fogarty
(2004)

Marine War Risks
Third edition
by Michael D. Miller
(2005)

Bareboat Charters
Second edition
by Mark Davis
(2005)

Limitation of Liability for Maritime Claims
Fourth edition
by Patrick Griggs, Richard Williams and Jeremy Farr
(2005)

Enforcement of Maritime Claims
Fourth edition
by D. C. Jackson
(2005)

Bills of Lading
by Richard Aikens, Richard Lord and Michael Bools
(2006)

Voyage Charters
Third edition
by Julian Cooke, Timothy Young, QC, Andrew Taylor, John D. Kimball, David Martowski and LeRoy Lambert
(2007)

Time Charters
Sixth edition
by Terrence Coghlin, Andrew W. Baker, Julian Kenny and John D. Kimball
(2008)

Ship Sale & Purchase
Fifth edition
by Iain Goldrein, QC, Matt Hannaford and Paul Turner
(2008)

Shipping and the Environment
Second edition
by Colin de la Rue and Charles B. Anderson
(2009)

Ship Registration: Law and Practice
Second edition
by Richard Coles and Edward Watt
(2009)

Marine Cargo Insurance
by John Dunt
(2009)

London Maritime Arbitration
Third edition
by Clare Ambrose and Karen Maxwell
(2009)

Marine Insurance Legislation
Fourth edition
by Robert Merkin
(2010)

P&I Clubs Law and Practice
Fourth edition
by Steven J. Hazelwood and David Semark
(2010)

Laytime and Demurrage
Sixth edition
by John Schofield
(2011)

Admiralty Jurisdiction and Practice
Fourth edition
by Nigel Meeson and John A. Kimbell
(2011)

Berlingieri on Arrest of Ships

A Commentary on the 1952 and 1999 Arrest Conventions

FIFTH EDITION

by
Francesco Berlingieri
Former Professor of Maritime Law at the University of Genoa President ad Honorem, Comit Maritime International of Counsel, Studio Legale Berlingieri

FOREWORD BY KARL-JOHAN GOMBRII, PRESIDENT OF THE COMIT MARITIME INTERNATIONAL

PUBLISHED UNDER THE AUSPICES OF THE COMIT MARITIME INTERNATIONAL

Informa Law Finance a trading division of Informa UK Ltd 1-2 Bolt Court - photo 2

Informa Law & Finance
(a trading division of Informa UK Ltd)
1-2 Bolt Court
Fleet Street
London
EC4A 3DQ

an Informa business

First published 1992

Second edition 1996
Third edition 2000
Fourth edition 2006
Fifth edition 2011

Francesco Berlingieri 1992, 1996, 2000, 2006, 2011

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library

ISBN 978 1 84311 958 6

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Informa Law & Finance. Copyright is held by Francesco Berlingieri. This edition published by Informa Law & Finance. For reprints and permissions please contact Informa Law & Finance tel +44 20 7017 5000.

Whilst every effort has been made to ensure that the information contained in this book is correct, neither the editors nor Informa Law & Finance can accept any responsibility for any errors or omissions or for any consequences resulting therefrom.

Lloyds is the registered trade mark of the Society incorporated by the Lloyds Act 1871 by the name of Lloyds.

Text set in 10/12pt Times
by Interactive Sciences Ltd,
Gloucester

Printed in Great Britain by
MPG Books,
Bodmin, Cornwall
Printed on paper from sustainable sources.

By Karl-Johan Gombrii, President of the Comit Maritime International

It has become a tradition for Professor Francesco Berlingieri to publish a new edition of Arrest of Ships every five years or so. The first edition was published in 1992 and the fifth is being published in 2011.

It has also become a tradition for the current President of the Comit Maritime International to write the foreword to each edition, the previous having been written by Alan Philip (2), Patrick Griggs and Jean Serge Rohart. This fact, as well as the fact that the book is being published under the auspices of the CMI, with its logo predominantly on the cover, illustrates the very close and very fond relationship between Professor Berlingieri and the CMI, within which organisation Professor Berlingieri has been a leading personality for more than five decades and whose President ad honorem he is. As the current President of the CMI it is therefore my pleasure and honour to preface this fifth edition of Arrest of Ships .

During the preparatory work for the Arrest Convention from 1999, Professor Berlingieri represented the CMI, which has observer status with both UNCTAD and IMO, the two UN organisations involved in the preparation of the Arrest Convention. As an observer delegate for the CMI, Professor Berlingieri was the undisputed and authoritative source of knowledge regarding the law on arrest ships and the various attempts at unifying it. In so acting, he did an extraordinary job, not only for the CMI but also for the other delegates, including the undersigned, to the various working groups and finally the Diplomatic Conference, which in 1999, adopted the new Arrest Convention. It is safe to say that Professor Berlingieri has contributed very significantly and very constructively to that Convention, and that very few, if any, can match his knowledge of the Convention and its origins.

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