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1. History and Harmonisation, John Dunt 2. Jurisdiction and Applicable Law, John Dunt 3. England, John Dunt 4. Hong Kong, Colin Wright and Caroline Thomas 5. Singapore, Corina Song 6. Japan, Shuji Yamaguchi and John Dunt 7. Australia, Derek Luxford 8. The United States of America, Stephen V. Rible 9. Italy, Francesco Siccardi 10. Germany, Joachim F. Bartels 11. France, Gildas Rostain, Maxime de La Morineri and Marie Buzulier 12. Norway, Trine-Lise Wilhelmsen and Hans Jacob Bull 13. The Peoples Republic of China, Liu Guiming, Liang Jian and Cai Dongdong 14. South Africa, Andrew Robinson 15. Comparative Analysis, John Dunt
John Dunt is a Consultant with Clyde & Co and also a Senior Research Fellow at the Institute of Maritime Law, University of Southampton. He qualified as a solicitor in 1972 and joined Clyde & Co in 1975. He was a partner for 30 years from 1977 to 2007 specialising in marine insurance, with particular reference to cargo insurance.
International Cargo Insurance will naturally be consulted by marine
insurance lawyers seeking an introduction to the relevant
principles and practices prevailing and the relevant sources
governing or setting out the position in one of the jurisdictions
covered. It will further serve as an indispensable point of
departure for those engaged in further attempts at regional or
international harmonisation. But it will also be of more than
passing interest to lawyers seeking an introduction to the general
principles of insurance law in the different jurisdictions. After
all, the comparative approach is relevant not only when seeking to
harmonise different legal systems, but also when grappling with the
reform and the improvement or modernisation of a particular
municipal system of law.
Congratulations are due, then, to John Dunt and his team of
contributors for a project innovatively conceived and splendidly
realised.
JP van Niekerk, Professor of Law,
Department of Mercantile Law, School of Law,
University of South Africa.This fascinating work sets out with
remarkable clarity, the often misunderstood differences that can
exist between jurisdictions, and in turn, their application of law
in the interpretation of marine cargo insurance contracts. A work
such as this is long overdue, considering as it does the reasons
why such alternate positions have developed, despite a publicly
voiced desire in many circles for harmonization. The authors who
have contributed to this new publication, including John Dunt who
also edited this impressive work are all, as the clarity of their
advice ably demonstrates, leading marine insurance law luminaries
in their own countries. The book discusses how cargo insurance law
has developed alongside international trade, and how the difference
between common and civil law regimes has impacted the evolution of
the law in many important respects.Marine cargo insurance law
continues to evolve and this book provides an up to date refresher
that will be welcomed by all in need of an accurate understanding
of current thinking. An example of this is the recent decision in
The Cendor MOPU case. Here the Supreme Court has now seemingly
harmonised English Law on inherent vice with the position
previously adopted in other regimes. This case rightly receives the
careful scrutiny and the concise commentary one has come to expect
from John Dunt. With the challenging piracy for ransom situation
still prevailing in the Gulf of Aden/Indian Ocean, similar
treatment is given to the recent Court of Appeal determination of a
number of fundamental issues in Masefield AG v Amlin.For anyone
involved in international cargo insurance, the United States
remains a vital but sometimes uncertain jurisdiction for cargo
interests, with tensions evident between federal maritime law and
state law. This issue is helpfully discussed in detail with
analysis of Wilburn Boat Co v Firemans Fund Insurance Co. and the
impact this has had on important decisions since. Following the
clear format used throughout this book, Stephen Rible gives a
compelling account of the diverse jurisdiction that the United
States can be, and brings considerable authority to the topics
under review, with commentary supported by comprehensive case and
statute referencing. This is a feature that all contributing
authors have mirrored with commendable success.The "adventure", as
a concept in marine insurance receives consideration and although
not in the same context, "adventure" appropriately sums up the
captivating journey awaiting the reader of this seminal work, as we
are guided through a variety of legal landscapes and decisions.
English law and practice is covered in detail first. This is
followed by the positions applying in Hong Kong, Singapore, Japan,
Australia, The United States of America, Italy, Germany, France,
Norway, The Peoples Republic of China, and South Africa. A final
chapter provides the all important comparison analysis summarizing
the differences between these jurisdictions as dealt with in detail
in earlier chapters. Comprehensive appendices ensure the importance
of this book as an essential standalone reference source under John
Dunt’s able editorship. A failure to understand the different
approaches to contract formation and interpretation of coverage can
have serious consequences for the uninformed. The difficulty facing
anyone involved with marine cargo insurance though is just how to
become acquainted with the many international regimes and the
sometimes contradictory positions adopted. Without this
understanding, contract certainty is readily undone with the scope
for attendant uncertainty, poor decisions and unnecessary
disputes.This book goes a long way to remedy that difficulty and
will equip the reader with the wherewithal to make informed and
appropriate decisions.Peter de Boissiere
Global Marine Claims Leader - Cargo
International Cargo Insurance will naturally be consulted by marine
insurance lawyers seeking an introduction to the relevant
principles and practices prevailing and the relevant sources
governing or setting out the position in one of the jurisdictions
covered. It will further serve as an indispensable point of
departure for those engaged in further attempts at regional or
international harmonisation. But it will also be of more than
passing interest to lawyers seeking an introduction to the general
principles of insurance law in the different jurisdictions. After
all, the comparative approach is relevant not only when seeking to
harmonise different legal systems, but also when grappling with the
reform and the improvement or modernisation of a particular
municipal system of law.
Congratulations are due, then, to John Dunt and his team of
contributors for a project innovatively conceived and splendidly
realised.
JP van Niekerk, Professor of Law,
Department of Mercantile Law, School of Law,
University of South Africa.This fascinating work sets out with
remarkable clarity, the often misunderstood differences that can
exist between jurisdictions, and in turn, their application of law
in the interpretation of marine cargo insurance contracts. A work
such as this is long overdue, considering as it does the reasons
why such alternate positions have developed, despite a publicly
voiced desire in many circles for harmonization. The authors who
have contributed to this new publication, including John Dunt who
also edited this impressive work are all, as the clarity of their
advice ably demonstrates, leading marine insurance law luminaries
in their own countries. The book discusses how cargo insurance law
has developed alongside international trade, and how the difference
between common and civil law regimes has impacted the evolution of
the law in many important respects.Marine cargo insurance law
continues to evolve and this book provides an up to date refresher
that will be welcomed by all in need of an accurate understanding
of current thinking. An example of this is the recent decision in
The Cendor MOPU case. Here the Supreme Court has now seemingly
harmonised English Law on inherent vice with the position
previously adopted in other regimes. This case rightly receives the
careful scrutiny and the concise commentary one has come to expect
from John Dunt. With the challenging piracy for ransom situation
still prevailing in the Gulf of Aden/Indian Ocean, similar
treatment is given to the recent Court of Appeal determination of a
number of fundamental issues in Masefield AG v Amlin.For anyone
involved in international cargo insurance, the United States
remains a vital but sometimes uncertain jurisdiction for cargo
interests, with tensions evident between federal maritime law and
state law. This issue is helpfully discussed in detail with
analysis of Wilburn Boat Co v Firemans Fund Insurance Co. and the
impact this has had on important decisions since. Following the
clear format used throughout this book, Stephen Rible gives a
compelling account of the diverse jurisdiction that the United
States can be, and brings considerable authority to the topics
under review, with commentary supported by comprehensive case and
statute referencing. This is a feature that all contributing
authors have mirrored with commendable success.The "adventure", as
a concept in marine insurance receives consideration and although
not in the same context, "adventure" appropriately sums up the
captivating journey awaiting the reader of this seminal work, as we
are guided through a variety of legal landscapes and decisions.
English law and practice is covered in detail first. This is
followed by the positions applying in Hong Kong, Singapore, Japan,
Australia, The United States of America, Italy, Germany, France,
Norway, The Peoples Republic of China, and South Africa. A final
chapter provides the all important comparison analysis summarizing
the differences between these jurisdictions as dealt with in detail
in earlier chapters. Comprehensive appendices ensure the importance
of this book as an essential standalone reference source under John
Dunt’s able editorship. A failure to understand the different
approaches to contract formation and interpretation of coverage can
have serious consequences for the uninformed. The difficulty facing
anyone involved with marine cargo insurance though is just how to
become acquainted with the many international regimes and the
sometimes contradictory positions adopted. Without this
understanding, contract certainty is readily undone with the scope
for attendant uncertainty, poor decisions and unnecessary
disputes.This book goes a long way to remedy that difficulty and
will equip the reader with the wherewithal to make informed and
appropriate decisions.Peter de Boissiere
Global Marine Claims Leader - Cargo
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