City Research Online

Abstract

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.

Publication Type:	Book Section
Additional Information:	This is a draft chapter. The final versions is available in Research Handbook on Maritime Law and Regulation edited by Jason Chuah, published in 2019, Edward Elgar Publishing Ltd (https://www.e-elgar.com/shop/research-handbook-on-maritime-law-and-regulation) The material cannot be used for any other purpose without further permission of the publisher, and is for private use only.
Subjects:	K Law
Departments:	The City Law School > Academic Programmes

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