Contents
CHAPTER I : NATURE OF ADMIRALTY LAW
A Admiralty Law is Municipal Law Having International Aspects
B Admiralty Law Constitute an Independent Legal System in the World - The Common
Law of the Sea
C Admiralty Law as a Part of the Law Merchant
D Admiralty Law in Relation to Public and Private International Law
E Admiralty Law in Relation to Common Law and Civil Law
F Sources of Maritime Law and Admiralty Law
CHAPTER II : HISTORY OF ADMIRALTY LAW
A In England
B In India
CHAPTER III : CONTENT AND SCOPE OF ADMIRALTY JURISDICTION
• Actions in rem and Actions in personam
• Action in rem
• Juridical Personality of the Ship
• Maritime Lien
• Action against only the offending ship or against the property in question
• Action against either the offending ship or "sister ship"
• Arrest of Ships and Modern Alternatives to Arrests
• Undertaking to Acknowledge Service or Provide Security
• Mareva Injunctions
• Extinction of Liens
• Action in personam
• Summary of the Present Statutory Position in India
• The Yuri Maru, The Woron Case: Freezing of Admiralty Law
• The Case of M.V. Elisabeth v. Harwan Investment and Trading (Pvt.) Ltd.: Thawing
of Admiralty Law
• Territorial Jurisdiction of Admiralty Courts in England
• Territorial Jurisdiction of Admiralty Courts in India
• Bar to Exercise of Admiralty Jurisdiction
• Bar in cases of foreign State ownership of ships
• Bar in cases of proceedings against the Government
• Bar in collision cases
• Bar in the cases of arbitration
• Stay of Admiralty Proceedings
(a) Foreign jurisdiction clauses
(b) The plea of Us alibi pendens
(c) Forum non conveniens
CHAPTER IV: MARITIME CLAIMS AND LIMITATION OF LIABILITY
• Limitation of Liability
• Maritime Claims
• Proprietary Maritime Claims
(a) Claim to possession or ownership of a ship
(b) Questions arising between co-owners of a ship
(c) Claim in respect of mortgages and charges
(d) Forfeiture, Condemnation and Restoration of Ship or Goods
• General Maritime Claims
• Claims for Loss of or Damage to Cargo; Agreements Relating to Carriage or Hire
• Damage Done by or to a Ship
• Loss of Life or Personal Injury
• Salvage
• Towage
• Pilotage
• Supplies, Repairs and Dock Charges
(a) Supplies
(b) Construction, Repair or Equipment and Dock Charges or Dues
• Wages And Disbursements
(a) Wages
(b) Disbursements
• General Average
• Bottomry
• Droits of Admiralty
• Ranking of Liens
CHAPTER V: ADMIRALTY LAW AND THE CONSTITUTION
CHAPTER VI: MARITIME SAFETY AND ANTI-PIRACY ACTIONS
A: Customary International Law on Piracy - As it has been
B: Law-making International Conventions Relating to Piracy
C: Piracy and Universal Jurisdiction
• Conclusions and Recommendations
D: Towards a Better International Maritime Security Investment Fund
• The International Maritime Security Trust (IMST) Fund
• The International Search and Rescue (SAR) Fund
• The IMO Malacca and Singapore Straits Trust Fund
• The IMO Djibouti Code of Conduct Trust Fund
• Need for a More Robust and Effective International Maritime Security Trust Fund
• Conclusion
• References
APPENDIX A.—The Admiralty Court Act, 1840
APPENDIX B.—The Admiralty Court Act, 1861
APPENDIX C.—Extracts from the Supreme Court Act, 1981 (U.K.)
APPENDIX D.—The Colonial Courts of Admiralty Act, 1890
APPENDIX E.—Provisions of Letters-patent and Other Instruments Relating to Admiralty Jurisdiction
APPENDIX F— Draft Admiralty Act of the Law Commission of India (Annexure VIII of Its Report)
APPENDIX G— The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
A Comparative Commentary on the Admiralty (Jurisdiction and Settlement of
Maritime Claims) Act, 2017 vis-a-vis the Admiralty Bill, 2005
APPENDIX H.—The Merchant Shipping Act, 1958 Subject Index.