1987: Conference Proceedings
Articles

Legal Problems Arising out of the Financial Collapse of a Container Line Service

Published 1987-10-26

Keywords

  • container line service,
  • insolvency,
  • ship mortgage,
  • jurisdiction,
  • cargo interest,
  • ship arrest,
  • writ in rem,
  • time charterparty,
  • restructuring,
  • contract termination,
  • quantum meruit,
  • bills of lading,
  • container leasing companies,
  • marine insurance,
  • sale contract
  • ...More
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Abstract

This paper explores a few of the problems that arise following the financial collapse of a container line service, and some of the legal considerations that may apply. This issues include: those which arise in the situation where a liner service uses its own vessels (thus the collapse will be of the shipowner itself), restructuring, and those issues which arise in the situation where a newly insolvent ship operator time-charters vessels on the open market from third-party shipowners. The author also draws attention to container leasing companies, these being significant creditors whenever a container line goes under, the application of marine insurance, and the position under the sale contract.