#generalaverage
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Articles and case comments
- The Sue & Labour Clause in a Marine Insurance Contract: Balance of Interests in Risk AllocationThe article deals with the sue & labour clause in marine insurance contracts. With reference to historical development and modern judicial practice, the author analyses the balance of interests between the parties. The author undertakes a comparative legal analysis and demonstrates the variety of approaches to compensation of damages under the sue & labour clause.
- IntroductionWe continue the traditional section “Unification of Maritime Law”. According to Article 1 of the CMI Constitution, its objective is “to contribute by all appropriate means and activities to the unification of maritime law in all its aspects.” National maritime law associations contribute to this…
- Regulation of General Average in Maritime ArbitrationRelevance Maritime law, often viewed through the prism of complex international rules and conventions, encompasses many unique legal principles that govern the intricate relationships between shipowners, cargo owners, and insurers. Among these principles, the doctrine of general average stands out…
- General Average: Development and Characteristics of the InstitutionThe article examines the institution of general average, focusing on the development of the concept and its key characteristics. The author explores the historical stages of the institution’s formation and the modern approach to its application.
- The CMI Guidelines Relating to General AverageThe first known statement of the law of general average is a small fragment of ancient Greek legislation, which forms the text for a chapter in the Digest of Justinian: “Lege Rhodia cavetur ut si levandae navis gratia jactus mercium factus est, omnium contributione sarciatur quod pro omnibus datum…
- The Case of Ransom to Pirates, General Average and Incorporation of the Terms of the Charter into the Bill of LadingHerculito Maritime Ltd. and others v Gunvor International BV and others (m/v “Polar”), [2020] EWHC 3318 (Comm)