The primary concern of the Lloyd’s Maritime and Industrial Regulation Quarterly for 2026 was not too long ago revealed final month. It incorporates the next works on personal worldwide legislation:
Bulat Karimov, “Arrest of Related Ships from a Widespread Regulation Perspective”
The Arrest Conventions 1952 and 1999 present for the arrest of ships owned by the one who can be accountable for the declare in personam. The widespread use of one-ship corporations has successfully circumvented these provisions. It has allowed shipowners to restrict or keep away from their legal responsibility by distributing their fleet between one-ship corporations. The one nation that has launched separate related ship provisions is South Africa. Different international locations don’t comply with this instance and customarily cope with one-ship corporations by useful possession and piercing the company veil. The article examines the legislation and apply of arresting related ships in South Africa, the US , England, Singapore and Australia. Explicit focus is paid to the impropriety criterion, which is a part of piercing the company veil however is irrelevant to the South African method. It’s concluded that the first operate of impropriety is stopping overreaching, which suggests subversion of the thought of separate authorized persona of a shipowning firm. The “goal” and “reasonableness” approaches are advised as a center floor to the issue mentioned.
Steven Gee, “Enforcement of Judgments towards Wealth Constructions: Receivers, Trusts, Insolvency Act 1986, S.243 and Mareva Injunctions”
This text considers cures main to forcing satisfaction of a judgment, from property in a wealth construction utilized by a judgment debtor, or property produced by them, or from individuals who’ve acquired such property. These embody (1) enforcement by equitable execution, (2) enforcement disregarding “sham” or invalid trusts or by an undisclosed authorized energy, (3) the impact of the Mannequin Type of Freezing Injunction, and (4) use of the Insolvency Act 1986, s.423 to unwind transactions prejudicing collectors, together with when to attribute to others a debtor’s function to prejudice collectors. It considers the relevance of an individual having authorized or de facto management of property to the provision of those cures.
Adrian Briggs, “The Loss of life of Henry v Geoprosco“
Michal Hain, “Is a International Judgment a Debt?”
Joseph Khaw, “Going Cherry Choosing”
Paul MacMahon, “Pre-emptive Challenges to Recognition of International Arbitral Awards”
