City Research Online

Shipbuilding disputes: influence of industry norms on law and contracts

Vasani, A. (2018). Shipbuilding disputes: influence of industry norms on law and contracts. (Unpublished Doctoral thesis, City, University of London)

Abstract

Disputes continue to beset English law governed shipbuilding contracts to this day, despite the fact that English law’s characterisation of the shipbuilding contract and relationship have been established since the late 19th Century. For English law to develop such that shipbuilding disputes do not occur in future, this thesis argues that lawmakers and judges must give due regard to shipbuilding industry norms.
In order to do so, this thesis will firstly demonstrate that there is a disparity between how English law characterises all shipbuilding contracts and relationships, and the variety of shipbuilding contracts, relationships and projects found in the industry. It is thus argued that reconciliation of this void between law and industry is contingent upon the law having regard for industry norms.
This thesis will then examine the causes of shipbuilding disputes, before exploring the judicial remedies available to parties following dispute - both if shipbuilding contracts continue to be characterised as sale of goods provisions under English law, and if legislators decide otherwise. The context of remedies will in turn be used to demonstrate how industry norms can influence both the judicial remedies issued by judges and arbitrators, and the contractual remedy clauses which parties insert into their contracts to resolve or mitigate shipbuilding disputes.

Publication Type: Thesis (Doctoral)
Subjects: K Law > KD England and Wales
Departments: Doctoral Theses
Doctoral Theses > The City Law School Doctoral Theses
The City Law School
URI: https://openaccess.city.ac.uk/id/eprint/21138
[img]
Preview
Text - Accepted Version
Download (2MB) | Preview

Export

Downloads

Downloads per month over past year

View more statistics

Actions (login required)

Admin Login Admin Login