Tag Archive for: Lloyd’s Maritime and Commercial Law Quarterly

First Issue of Lloyd’s Maritime and Commercial Law Quarterly for 2026

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The first issue of the Lloyd’s Maritime and Commercial Law Quarterly for 2026 was recently published last month. It contains the following works on private international law:

Bulat Karimov, “Arrest of Associated Ships from a Common Law Perspective”

The Arrest Conventions 1952 and 1999 provide for the arrest of ships owned by the person who would be liable for the claim in personam. The widespread use of one-ship companies has effectively circumvented these provisions. It has allowed shipowners to limit or avoid their liability by distributing their fleet between one-ship companies. The only country that has introduced separate associated ship provisions is South Africa. Other countries do not follow this example and generally deal with one-ship companies through beneficial ownership and piercing the corporate veil. The article examines the law and practice of arresting associated ships in South Africa, the US , England, Singapore and Australia. Particular focus is paid to the impropriety criterion, which is part of piercing the corporate veil but is irrelevant to the South African approach. It is concluded that the primary function of impropriety is preventing overreaching, which means subversion of the idea of separate legal personality of a shipowning company. The “objective” and “reasonableness” approaches are suggested as a middle ground to the problem discussed.

 

Steven Gee, “Enforcement of Judgments against Wealth Structures: Receivers, Trusts, Insolvency Act 1986, S.243 and Mareva Injunctions”

This article considers remedies leading to compelling satisfaction of a judgment, from assets in a wealth structure used by a judgment debtor, or assets produced by them, or from persons who have received such assets. These include (1) enforcement by equitable execution, (2) enforcement disregarding “sham” or invalid trusts or through an undisclosed legal power, (3) the effect of the Model Form of Freezing Injunction, and (4) use of the Insolvency Act 1986, s.423 to unwind transactions prejudicing creditors, including when to attribute to others a debtor’s purpose to prejudice creditors. It considers the relevance of a person having legal or de facto control of assets to the availability of these remedies.

Adrian Briggs, “The Death of Henry v Geoprosco“

Michal Hain, “Is a Foreign Judgment a Debt?”

Joseph Khaw, “Going Cherry Picking”

Paul MacMahon, “Pre-emptive Challenges to Recognition of Foreign Arbitral Awards”

 

 

 

Fourth Issue of the Lloyd’s Maritime and Commercial Law Quarterly for 2025

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The fourth issue of the Lloyd’s Maritime and Commercial Law Quarterly for 2025 has recently been published.  It contains the following articles, cases notes and book review.

Michael Howard, “The True History of the Origin of the Mareva Injunction or Freezing Order”

Fifty years ago, in 1975, a revolutionary innovation occurred in English procedural law, the introduction of what is officially named the freezing injunction, formerly and to some extent even now known as the Mareva injunction. It was the consequence of two decisions of the Commercial Court, the Karageorgis and Mareva cases. The thesis of this article, lightly camouflaged, is that these cases and this change were brought about by a combination of four factors which are present in most such developments of the common law: the personal, the institutional, the technical legal and the accidental. It is an attempt to present all of them and to show that the first and particularly the last were disproportionately large contributors.

Masood Ahmed, “State Immunity and the New York Convention”

 

Adrian Briggs, “Book Review of Hong Kong Private International Law” (by Wilson Lui and Anselmo Reyes)

 

My views

I  read the interesting—but in my view unconvincing—critical review by Emeritus Professor Adrian Briggs of “Private International Law in Hong Kong” (by Wilson Lui and Anselmo Reyes). My reading of the review is that Briggs laments the authors’ limited engagement with English sources, suggesting that because Hong Kong’s private international law is not as fully developed as Singapore’s, English texts and cases should operate as gap-fillers.

I take a different view. I am pleased to see Asian private international law scholars asserting a more autonomous and context-sensitive approach to developing their conflict-of-laws rules. That intellectual independence is healthy for the discipline, and it is precisely the direction I believe African private international law should pursue.

 

 

Third Issue of the Lloyd’s Maritime and Commercial Law Quarterly for 2025

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The third issue of Lloyd’s Maritime and Commercial Law Quarterly for 2025 has recently been published. It contains two private international law case notes and a book review.

Andreas Giannakopoulos, “Asymmetric Jurisdiction Clauses and EU Exceptionalism”

Matthew Hoyle, “Full Service: Freezing Injunctions and Service Out (Again)”

Thomas Raphael, “The Virtues of Symmetry”

Second Issue of Lloyd’s Maritime and Commercial Law Quarterly for 2025

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The second issue of LMCLQ was recently published.

It contains the following conflict of laws works,

 

David Foxton, “The Applicable Law of an Arbitration Agreement: Floating or on the Rocks?”

 

Marcus Teo and Kah-Wai Tan, “Territoriality over Universalism”

 

Adrian Briggs, “Submission to a Russian Court”

Third Issue of the Lloyd’s Maritime and Commercial Law Quarterly for 2024

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The third issue of the Lloyd’s Maritime and Commercial Law Quarterly was recently released. It contains the following article, case note and book reviews:

Adrian Briggs, “The Hague 2019 Convention”

The Hague Convention on the Recognition and Enforcement of Judgments in Civil and Commercial Matters 2019 will come into force for the United Kingdom on 1 July 2025. It will represent the principal means for the mutual recognition of judgments between the United Kingdom and the European Union (and any other states adopting it), and it is for this reason timely to examine the instrument which will replace, but certainly not replicate, Chapter III of the Brussels I Regulation. In discussing the structure and detail of the Convention, it is noticeable how far it falls short of the pre-existing regime.

Pau S Davies and Katherine Ratcliffe, “Anti-Arbitration Injunctions and Stays to Arbitration”

Andrew Tettenborn, “Book Review – The 2019 Hague Judgments Convention”

Adrian Briggs, “Book Review – Governing aw Risks in International Business Transactions”