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Edited Legal Collections Data |
Book Title: Research Handbook on Maritime Law and Regulation
Editor(s): Chuah, Jason
Publisher: Edward Elgar Publishing
Section: Chapter 12
Section Title: Renegotiating shipping contracts in turbulent economic times
Author(s): Chuah, Jason
Number of pages: 26
Abstract/Description:
This chapter considers the legal circumstances impacting on the feasibility of the relevant parties coming together to renegotiate their shipping contracts – notably large scale contracts such as charterparties – in times of economic hardship. The imperatives of insolvency law and shipping law are not always the same. Insolvency law is pivoted on a state imposed belief that corporate assets should be protected at times of insolvency. This work attempts to prove that shipping relationships and realities do not always render the continuation of a shipping contractual relationship worth preserving and so shows and tests the tension between insolvency law and party autonomy in that regard.
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URL: http://www.austlii.edu.au/au/journals/ELECD/2019/1656.html