Extended Operational and Trade Vocabulary

Landmark Maritime Law Cases and Doctrines glossary

Vocabulary of admiralty law’s leading cases and doctrines: abandonment and constructive total loss under the Marine Insurance Act 1906, remoteness rulings such as The Achilleas, actions in personam and in rem with ship arrest, charterparty paramount-clause decisions, and the specialist Admiralty Court jurisdiction over collision, salvage and limitation claims.

144 defined terms.

A

Abandonment (Marine Insurance): Doctrine permitting an insured to transfer the insured property to underwriters upon constructive total loss, codified in UK Marine Insurance Act 1906, sections 61 to 63.
Achilleas, The [2008] UKHL 48: House of Lords decision narrowing Hadley v Baxendale by introducing assumption of responsibility as a remoteness control on damages for late redelivery of a time chartered vessel.
Action in Personam: Common law admiralty proceeding against a named defendant, under UK Senior Courts Act 1981, section 21.
Action in Rem: Distinctive admiralty proceeding against the ship itself, allowing arrest as security.
Adamastos Shipping Co Ltd v Anglo-Saxon Petroleum Co Ltd [1959] AC 133: House of Lords held that a US Carriage of Goods by Sea Act paramount clause incorporated into a charterparty applied.
Admiralty Court (England and Wales): A specialist division of the King's Bench Division of the High Court hearing in rem and in personam maritime claims under the Senior Courts Act 1981.
Aliakmon, The [1986] AC 785: House of Lords held that a buyer of goods who lacks legal ownership or possessory title at the time of loss cannot recover in tort.
Allianz SpA v West Tankers Inc (Case C-185/07) [2009] ECR I-663: Court of Justice of the European Union held that anti-suit injunctions to enforce London arbitration agreements were incompatible with the Brussels I Regulation.
Anti-Suit Injunction: An order of an arbitral tribunal or supervisory court restraining a party from commencing or continuing foreign proceedings in breach of an arbitration agreement.
Antonis P Lemos, The [1985] AC 711: House of Lords held that arrest jurisdiction extended to claims arising out of an agreement relating to the carriage of goods.
Arctic Sunrise Arbitration (Netherlands v Russia) PCA Case 2014-02: Annex VII UNCLOS tribunal in 2015 held Russia liable for unlawful boarding and detention of the Greenpeace vessel.
Arrest Convention 1952 (Brussels): International Convention Relating to the Arrest of Sea-Going Ships.
Arrest Convention 1999 (Geneva): International Convention on Arrest of Ships, entered into force 14 September 2011.
Athens Convention 1974: The Convention Relating to the Carriage of Passengers and Their Luggage by Sea, establishing carrier liability limits for passenger claims.
Atlantic Star, The [1974] AC 436: House of Lords decision liberalising the English approach to forum non conveniens.

B

Bareboat Charter (Demise): Charter transferring possession and control to the charterer.
Berge Sisar, The [2001] UKHL 17: House of Lords interpreted the Carriage of Goods by Sea Act 1992.
Bills of Lading Act 1855 (UK): Statute making the consignee or endorsee a party to the carriage contract, replaced by COGSA 1992.
Brandt v Liverpool Brazil and River Plate Steam Navigation Co [1924] 1 KB 575: English Court of Appeal recognised an implied contract between shipowner and consignee paying freight on discharge.
Bremen v Zapata Off-Shore Co, 407 US 1 (1972): US Supreme Court upheld forum selection clauses in international maritime contracts.
Brussels Collision Convention 1910: Introducing proportional fault apportionment.
Brussels I Recast (Regulation 1215/2012): The European Union regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
Bunker Convention 2001: International Convention on Civil Liability for Bunker Oil Pollution Damage.

C

Carriage of Goods by Sea Act 1924 (UK): Statute giving force of law to the Hague Rules in the United Kingdom.
Carriage of Goods by Sea Act 1936 (US): The US statute giving effect to the Hague Rules to bills of lading covering carriage to or from US ports in foreign trade.
Carriage of Goods by Sea Act 1971 (UK): The UK statute giving effect to the Hague-Visby Rules.
Carriage of Goods by Sea Act 1992 (UK): The UK statute on transfer of rights of suit and obligations under bills of lading, sea waybills, and ship's delivery orders.
Carslogie, The [1952] AC 292: House of Lords held that subsequent damage by Atlantic storms did not extend the period of repair attributable to a colliding vessel.
China Pacific SA v Food Corp of India (The Winson) [1982] AC 939: House of Lords held that salvors had a salvage lien and bailee's rights over discharged cargo.
Civil Liability Convention 1969 (CLC): The International Convention on Civil Liability for Oil Pollution Damage, imposing strict liability on tanker owners.
CMI (Comite Maritime International): International association of national maritime law associations founded in Antwerp in 1897.
Collision Regulations (COLREGS) 1972: IMO International Regulations for Preventing Collisions at Sea.

D

Davis Contractors Ltd v Fareham UDC [1956] AC 696: House of Lords articulation of frustration, applied in maritime charters.
Deepwater Horizon Litigation (US): Multidistrict litigation arising from the 2010 Macondo blowout.
Demise charter: Bareboat charter.
Demurrage: Liquidated damages for detention of ship beyond laytime.
Despina R, The [1979] AC 685: House of Lords held that damages in tort could be awarded in the currency that best reflected the plaintiff's loss.
Donoghue v Stevenson [1932] AC 562: House of Lords foundation of the modern tort of negligence.

E

East River Steamship Corp v Transamerica Delaval Inc, 476 US 858 (1986): US Supreme Court held that in maritime products liability, damage to the product itself is purely economic loss not recoverable in tort.
Elder Dempster v Paterson Zochonis [1924] AC 522: House of Lords held that bill of lading exemptions extended to protect a chartered shipowner.
Eleftheria, The [1969] 1 Lloyd's Rep 237: English Admiralty Court stay test for foreign jurisdiction clauses.
Eternal Bliss, The (K Line Pte Ltd v Priminds Shipping (HK) Co Ltd) [2021] EWCA Civ 1712: English Court of Appeal held that demurrage liquidates only damages for detention.

F

Federal Bulker, The [1989] 1 Lloyd's Rep 103: English Court of Appeal ruled that arbitration clauses must be expressly incorporated into bills of lading.
Fiona Trust v Privalov [2007] UKHL 40: House of Lords held that arbitration clauses should be construed liberally.
Forum Non Conveniens: Doctrine for declining jurisdiction in favor of a more appropriate forum.
Front Comor, The (West Tankers Inc v Allianz SpA) [2007] UKHL 4: House of Lords initially upheld an anti-suit injunction; CJEU then ruled in 2009 that such injunctions were incompatible with the Brussels I Regulation.
Frustration of Adventure: principle ending the assured's interest where the voyage is frustrated, relevant to war risk and CTL.
Fund Convention 1971 (IOPC): International Fund Convention, replaced by the 1992 Protocol.

G

Gard Marine and Energy Ltd v China National Chartering Co Ltd (The Ocean Victory) [2017] UKSC 35: UK Supreme Court ruled that Kashima was not unsafe in the abstract.
General Average: Loss voluntarily incurred for the common safety, contributed by all interests under York-Antwerp Rules.
Geneva Convention on Maritime Liens and Mortgages 1993: IMO instrument, entered into force 5 September 2004.
Glencore International AG v MSC Mediterranean Shipping Co SA [2017] EWCA Civ 365: English Court of Appeal held that release against an electronic pin was not delivery against a bill of lading.
Golden Strait Corp v Nippon Yusen Kubishika Kaisha (The Golden Victory) [2007] UKHL 12: House of Lords held that subsequent events affecting performance are relevant to damages assessment.

H

Hadley v Baxendale (1854) 9 Exch 341: Court of Exchequer foundation of contract damages, applied to maritime carriage in The Heron II.
Hague Rules 1924: International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading.
Hague-Visby Rules 1968: The Protocol amending the Hague Rules, increasing per-package limits and clarifying carrier obligations.
Hamburg Rules 1978: UN Convention on the Carriage of Goods by Sea, in force 1992; limited adoption.
Harter Act 1893 (US): US statute on carrier liability for cargo.
Heron II, The (Koufos v C Czarnikow Ltd) [1969] 1 AC 350: House of Lords held in a sugar shipment case that damages must be of a kind not unlikely to result from breach.
Hill Harmony, The [2001] 1 AC 638: House of Lords held that a master must obey charterers' legitimate routing orders absent navigational reason to refuse.
Himalaya Clause: Bill of lading clause extending carrier defenses to servants and subcontractors.
Hollandia, The [1983] 1 AC 565: House of Lords held that a foreign jurisdiction clause was void to the extent it lessened liability below Hague-Visby Rules minimum.
Hong Kong Convention 2009: IMO International Convention for the Safe and Environmentally Sound Recycling of Ships, in force 26 June 2025.
Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha [1962] 2 QB 26: English Court of Appeal introduced the innominate term doctrine.

I

Indian Endurance, The [1998] AC 878: House of Lords held that issue estoppel applied between in rem and in personam admiralty proceedings.
Innominate Term Doctrine: Hong Kong Fir doctrine permitting termination only for breach with serious consequences.
International Maritime Organization (IMO): United Nations specialized agency that adopted the Salvage Convention 1989 and the Nairobi WRC.
IOPC Funds: International Oil Pollution Compensation Funds 1992 and Supplementary.

J

Jones Act 1920 (US): Section 27 of the Merchant Marine Act 1920, codified at 46 USC section 30104.
Jordan II, The [2004] UKHL 49: House of Lords held that article III rule 2 Hague Rules permits shippers to assume responsibility for loading and stowage.

K

Kapitan Petko Voivoda, The [2003] EWCA Civ 451: English Court of Appeal held that unauthorised on-deck stowage breached the contractual term but did not deprive the carrier of Hague Rules article IV rule 5 limitation.

L

Laconia, The (Mardorf Peach v Attica Sea Carriers) [1977] AC 850: House of Lords held that punctual payment of hire is a condition of NYPE charters justifying withdrawal.
Lauritzen v Larsen, 345 US 571 (1953): US Supreme Court articulated seven factors for choice of law in Jones Act seafarer injury claims.
Leduc v Ward (1888) 20 QBD 475: English Court of Appeal held that deviation defeats the carrier's contractual exemptions.
Limitation Convention LLMC 1976: IMO Convention on Limitation of Liability for Maritime Claims, with 1996 Protocol and 2012 amendments effective 8 June 2015.
Limitation of Liability Act 1851 (US): US statute codified at 46 USC sections 30501 to 30512.
Lips, The [1988] AC 395: House of Lords held that demurrage is liquidated damages, not a debt attracting interest separately.
Lloyd's Open Form (LOF): Standard salvage agreement with no-cure-no-pay basis and SCOPIC.
London Arbitration: Dominant international forum for shipping disputes.
London Convention 1972: IMO convention on prevention of marine pollution by dumping, with 1996 Protocol entering into force 24 March 2006.

M

Maersk Tangier, The (Kyokuyo Co Ltd v AP Moller-Maersk A/S) [2018] EWCA Civ 778: English Court of Appeal held that frozen tuna loins in containers were separate packages for Hague-Visby Rules limitation.
Mahkutai, The [1996] AC 650: Privy Council declined to extend Himalaya clause protection to exclusive jurisdiction clauses.
Mareva Compania Naviera SA v International Bulkcarriers SA [1975] 2 Lloyd's Rep 509: English Court of Appeal recognised the freezing injunction.
Maritime Conventions Act 1911 (UK): Statute giving effect to the 1910 Brussels Collision Convention.
Maritime Lien: Privileged claim attaching to the ship and surviving change of ownership.
MARPOL 73/78: 1973 Convention as modified by the 1978 Protocol.
Maxine Footwear Co Ltd v Canadian Government Merchant Marine [1959] AC 589: Privy Council held that the seaworthiness obligation under article III rule 1 Hague Rules is an overriding obligation.
Merchant Shipping Act 1995 (UK): Consolidating statute of UK maritime law.
Miramar, The [1984] AC 676: House of Lords held that a charterparty arbitration clause was not incorporated by general words in a bill of lading.
MV Saiga (No 2), The ITLOS Case No 2 (1999): International Tribunal for the Law of the Sea ruled on bunkering as exercise of freedom of navigation in the EEZ.

N

Nagasaki Spirit, The [1997] AC 455: House of Lords held that salvors' special compensation under article 14 Salvage Convention 1989 did not include a profit element, prompting SCOPIC.
Nairobi Convention 2007: Nairobi International Convention on the Removal of Wrecks, supported by P&I blue cards.
Nema, The [1982] AC 724: House of Lords articulated the test for granting leave to appeal arbitration awards on questions of law.
Nicholas H, The (Marc Rich and Co AG v Bishop Rock Marine Co Ltd) [1996] AC 211: House of Lords held that a classification society owed no duty of care to cargo interests for negligent survey.
Notice of Readiness (NOR): Notice by master that ship is ready to load or discharge, starting laytime.
NYPE 1946 Form: New York Produce Exchange standard time charter form.

O

Ocean Frost, The [1986] AC 717: House of Lords ruled on apparent authority in a ship sale fraud.
Ocean Victory, The: See Gard Marine, the UK Supreme Court 2017 ruling on safe port warranty.
Off-Hire Clause: A time charter provision specifying events suspending the obligation to pay hire.
Oil Pollution Act 1990 (OPA 90) (US): US statute codified at 33 USC section 2701, enacted following the 1989 Exxon Valdez spill.
Owusu v Jackson (Case C-281/02) [2005] ECR I-1383: CJEU held that English courts could not stay proceedings on forum non conveniens grounds where a defendant was domiciled in a Member State under Brussels I.

P

Package Limitation: limit per package or unit under Hague-Visby Rules article IV rule 5.
Paramount Clause: Incorporates the Hague or Hague-Visby Rules into the charter or bill of lading.
Paris MoU 1982: Paris Memorandum of Understanding on Port State Control, adopted 26 January 1982.
Perils of the Sea: Marine insurance and Hague Rules defence requiring fortuitous accident.
Philippines v China (South China Sea Arbitration) PCA Case 2013-19: Annex VII UNCLOS tribunal in 2016 ruled that China's nine-dash line claims had no legal basis under UNCLOS.
Pioneer Container, The (KH Enterprise v Pioneer Container) [1994] 2 AC 324: Privy Council held that a sub-bailee's exclusive jurisdiction clause bound the head bailor.
Polemis, The [1921] 3 KB 560: English Court of Appeal direct consequences test for tort damages, overruled by The Wagon Mound (No 1).
Prestige Litigation: Series of proceedings following the November 2002 sinking off Galicia, culminating in The Prestige [2022] UKSC 8.

Q

Quantum Meruit (Salvage): Equitable basis for compensation in absence of agreement.

R

Rafaela S, The [2005] UKHL 11: House of Lords held that a straight bill of lading was a bill of lading within the Hague-Visby Rules.
Renos, The [2019] UKSC 29: UK Supreme Court held that pre-notice SCOPIC and salvage costs counted toward constructive total loss assessment under the 1906 Marine Insurance Act.
Robins Dry Dock and Repair Co v Flint, 275 US 303 (1927): US Supreme Court bar on pure economic loss for negligence to property of another.
Rotterdam Rules 2009: The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, not yet in force.

S

Safe Port Warranty: Charterer's promise that nominated ports are safe in the prevailing circumstances.
Salvage Convention 1989: International Convention on Salvage, with Article 14 special compensation.
Saratoga Fishing Co v J M Martinac and Co, 520 US 875 (1997): US Supreme Court held that for East River purposes, post-sale added equipment was other property.
SCOPIC Clause: Special Compensation P&I Clause incorporated into LOF.
SDR (Special Drawing Right): IMF reserve currency used in package limitation.
Seaworthiness: Carrier's duty to make the ship seaworthy under Article III Rule 1 of Hague-Visby.
Sister Ship Arrest: The arrest of a vessel in the same beneficial ownership as the offending vessel as security for a maritime claim.
South China Sea Arbitration (Philippines v China) PCA Case 2013-19: Annex VII UNCLOS tribunal award on 12 July 2016 finding China's historical rights and island-building claims inconsistent with UNCLOS.
Spalmatori, The [1964] AC 868: House of Lords held that demurrage is a liquidated sum payable for breach of voyage charter laytime.
Spiliada Maritime Corp v Cansulex Ltd [1987] AC 460: House of Lords established the modern English forum non conveniens test.
Star Sea, The [2003] 1 AC 469: House of Lords held that the duty of utmost good faith in marine insurance does not extend to claims handling absent fraud.
Subrogation in Marine Insurance: Insurer's right to assume insured claims after indemnity, codified in section 79 UK MIA 1906.

T

Through Bills of Lading: Multimodal carriage bills, with COGSA application addressed in Norfolk Southern v Kirby, 543 US 14 (2004).
Time Bar (Hague Rules): One year from delivery or date of expected delivery under article III rule 6.
Tojo Maru, The [1972] AC 242: House of Lords held that salvors could not limit liability under the 1957 Limitation Convention for negligence by a salvage diver.
Total loss: Actual or constructive total loss for insurance purposes.

U

UNCITRAL Model Law on Arbitration 1985: Influential framework, adopted with modifications in Singapore and Hong Kong.
UNCLOS 1982: United Nations Convention on the Law of the Sea providing the piracy definition in Article 101.
United States v Reliable Transfer Co, 421 US 397 (1975): US Supreme Court abolished the equal division rule for collision damages, adopting proportional fault.
Utmost Good Faith (Uberrimae Fidei): Marine insurance doctrine in section 17 UK Marine Insurance Act 1906.

V

Vita Food Products Inc v Unus Shipping Co Ltd [1939] AC 277: Privy Council on choice of law in bills of lading.
Volturno, The [1921] 2 AC 544: House of Lords on currency conversion of damages in collision.
Voyage Charter: Charter for a specific voyage between named ports.

W

Wagon Mound (No 1), The [1961] AC 388: Privy Council overruled Polemis, holding that liability in tort depends on reasonable foreseeability of damage.
Wagon Mound (No 2), The [1967] 1 AC 617: Privy Council clarified that even small foreseeable risks may ground liability in nuisance.
Winson, The [1982] AC 939: House of Lords held that salvors have a possessory lien for storage charges following discharge at a port of refuge.

X

X (Maritime Anonymisation): Convention for anonymised parties in LMAA awards.

Y

York-Antwerp Rules: CMI-drafted rules for adjustment of general average; current editions 1994, 2004, 2016.

Z

Zeus Tradition Marine Ltd v Bell [2000] 2 Lloyd's Rep 587: English Court of Appeal on marine insurance trading warranties.
Zinnia, The [1984] 2 Lloyd's Rep 211: English Commercial Court on charterparty applicable law and forum.