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The Supreme Court ruling in Global Process System Inc. v Syarikat Takaful Malaysia Berhad (The Cendor MOPU) created a shock wave in the London marine insurance market, as the Supreme Court decision changed the boundaries of doctrine with respect to the meaning of ‘perils of the sea’ and ‘inherent vice’. Both phrases play an important role in the insurance market, affecting both assureds and insurers and their respective interests under all classes of marine insurance policies. This book reviews the origin of the clauses ‘perils of the sea’ and ‘inherent vice’ by tracing back through the early cases in order to understand the origin and noting how and why the changes occurred....
This book provides a comprehensive examination of direct-action rights within Protection and Indemnity (P&I) Clubs, a cornerstone of the maritime industry, providing robust insights into the interplay of legal frameworks and maritime insurance in an increasingly globalized industry. P&I Clubs provide shipowners with extensive liability coverage under rules largely governed by English law due to its global maritime influence. Through a comparative analysis of English and Turkish legal approaches, the book examines how these differing frameworks affect the development and functioning of P&I insurance. It highlights critical disparities in the legal treatment of direct action against P&I Clubs,...
As the maritime industry undergoes a technological transformation, traditional legal doctrines must evolve to address new challenges. This book explores the legal and operational implications of Maritime Autonomous Surface Ships (MASS) and the increasing reliance on digital systems in modern shipping. While automation and digitalisation enhance efficiency and safety, they also introduce unprecedented cyber risks that threaten global supply chains, financial stability and regulatory compliance. Redefining the concept of seaworthiness by incorporating cyber-worthiness and communication-worthiness, this book ensures that vessels are not only physically fit for sea travel but also resilient agai...
This authoritative work forms a comprehensive examination of the legal and historical context of marine insurance, providing a detailed overview of the events and factors leading to its codification in the Marine Insurance Act 1906. It investigates the development of the legal principles and case law that underpin the Act to reveal how successful this codification truly was, and to demonstrate how these historical precedents remain relevant to marine insurance law to this day.
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