The Arrest of Ships in Private International Law by Veronica Ruiz Abou-Nigm

The Arrest of Ships in Private International Law

byVeronica Ruiz Abou-Nigm

Hardcover | December 17, 2011

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By providing a private international law analysis of a field in which international conventions coexist with national law and regional law, this book offers different theoretical and methodological insights into the conflict of laws and the conflict of jurisdictions, aiming ultimately at thejuridical continuity of legal relations across national borders.Central to the book is the jurisdictional function of arrest of ships. Forum arresti--the paradigmatic forum selection criterion in English and Scots law--has survived so far as a specific jurisdictional basis for maritime claims in the process of Europeanization of private international law. One ofthe main purposes of this book is to provide a theoretical framework within which forum arresti in the case of the arrest of ships gains legitimacy. It proposes a positive approach to jurisdictional issues through the lenses of international judicial co-operation and provides a theoreticaljustification for the triumph of forum arresti in the international maritime context where traditionally this has been justified by historical and practical reasons.Considering the the topic in the context of the Europeanization of private international law and the Brussels I Regulation, this book includes valuable insight into theories of characterisation as applied to uniform provisions such as the International Arrest Conventions, and challenges theindistinctive characterisation of the arrest of ships as an inherent part of the action in rem in English law.This is a scholarly analysis offering an expert perspective on the arrest of ships in the international commercial sphere to draw conclusions on the advancement of further harmonisation in this field. Through its focus on English and Scots law in the light of international conventions, this bookprovides a framework which will give practical answers to the many complex private international law issues that arise in relation to the arrest of ships.

About The Author

Veronica Ruiz Abou-Nigm is Lecturer in Law at the School of Law of the University of Sheffield.

Details & Specs

Title:The Arrest of Ships in Private International LawFormat:HardcoverDimensions:240 pages, 9.21 × 6.14 × 0.03 inPublished:December 17, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199581355

ISBN - 13:9780199581351

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Table of Contents

1. IntroductionPart I The Arrest of Ships as a Provisional and Protective Measure2. Arrest of Ships in International Commercial Litigation3. Arrest of Ships in the International Conventions4. Ship Arrest in England5. Arrestment of Ships in ScotlandPart II The Arrest of Ships in Private International Law6. Arrest of Ships, Security, and Applicable Law7. Arrest of Ships and Jurisdiction8. Arrest of Ships, Judicial Cooperation, and the Recognition and Enforcement of Foreign Judgments9. Conclusion