Shipbrokers as intermediaries agents and third parties
Leverbaar
The Introduction delineates the issues which are discussed in the dissertation. First, the dissertation will explore the role of shipbrokers in charterparty negotiations particularly with respect to the application of U.S. and English agency law. Legal issues arise with the application of agency law in part because of the lack of 'fit' between agency principles and the actual way in which charterparty negotiations are conducted through shipbrokers. The dissertation discusses why these legal 'gaps' occur and the possibility of using equitable remedies. Further, the dissertation will discuss the relevant issues arising from the conflict of laws due to the transnational nature of shipping. Lastly, the dissertation will focus on shipbrokers' entitlement to commission and the problematic areas of standing and jurisdiction, and the relevant legislation and conventions. Table of Contents: 1. Introduction 2. Charterparties and Contracts of Affreightment 3. The Role of Shipbroker in Charterparty Negotiations 4. Identifying the Shipbroker's Principal 5. Shipbrokers' Authority in Charterparty Negotiations and Ability to Bind Principals 6. Shipbrokers as Third Parties and Commission 7. Shipbrokers and Third Party Procedural Issues: Standing and Jurisdiction 8. Conflict of Laws and Shipbrokers 9. Conclusion Summary Samenvatting Bibliography Table of Cases Table of Statutues, Conventions and Regulations Index
Paperback | 155 pagina's | Engels
Verschenen in 2006
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