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The Law of Tug and Tow and Offshore Contracts

Lloyd's Shipping Law Library

By (author) Simon Rainey
Genres: Shipping law
Format: Hardback
Publisher: Taylor & Francis Ltd, United Kingdom
Imprint: Informa Law
Published: 20th Dec 2011
Dimensions: w 169mm h 244mm d 46mm
Weight: 1604g
ISBN-10: 1843119684
ISBN-13: 9781843119685
Barcode No: 9781843119685
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Synopsis
Fully updated and revised, the only modern work on the law of towage and offshore vessel services, comprising a comprehensive account of the general law coupled with a detailed clause-by-clause commentary and analysis of the major standard contracts used in the international offshore, towage and heavylift sectors, including the BIMCO Towcon, Towhire, Supplytime and Heavylift forms. The Law of Tug and Tow and Offshore Contracts has rapidly established itself as a leading text and is written by, Simon Rainey QC, one of the foremost shipping practitioners with unrivalled experience in the field. Key reasons to buy The Law of Tug and Tow and Offshore Contracts, Third Edition * the only clause-by-clause commentary on all of the major standard form contracts used by the offshore industry * the only in-depth analysis of the drafting history of the BIMCO standard form offshore contract, comparing the recent amended versions in their drafting context; * the only authoritative analysis of the case law and arbitration decisions affecting the towage and offshore industries * written from the perspective of a leading practitioner with unrivalled practical experience over many years of the contract forms and of the issues which arise under them (many of which are unreported) and involved in almost all of the leading cases in the field * written with an eye on the practicalities of how the contracts work given the everyday problems which arise in the industry, with guidance where the standard forms may require amendment

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What Reviewers Are Saying

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Jul 24th 2012, 18:28
From Lloyd's Shipping Law Library....
Awesome - 10 out of 10
MARITIME LAW AS IT AFFECTS THE TOWAGE INDUSTRY

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

In the eighteen years since the first edition of this book was published, it has become the authoritative work on the largely specialized subject of towage; both ocean towage (e.g. oil tankers) and port and harbour towage.

Lord Clarke has commented in the Foreword that this was the first book to bring together the general law on the subject and also to address the specifics of towage and offshore operations, namely: general average… collision… and limitation.

Author Simon Rainey’s new third edition of the work, published by Informa as part of the Lloyd’s Shipping Law Library, is now much expanded in scope and reflects the changing needs of the towage industry and the markedly expanded range of services it provides, including its support services for the exploration and drilling industry.

We didn’t know this before, but apparently towage as we generally understand the term (the towage of one ship by another) originated with the development of the steam paddle tug in the 1820s and 1830s.
Since then, to summarize, tugs have grown more powerful as merchant vessels have grown bigger, to the point where tugs now tow oil and gas rigs as well as providing a range of other services to the offshore industries.

Because of this proliferation of services that the doughty tugboat now provides, the definition of towage has become wider. But however defined, towage, in the words of the author, ‘arises from a contract concluded between the tug and the tow. ‘The contract of towage is merely a species of contract,’ he confirms… ‘based on principles identical to any legal contract.’ You are referred, naturally, to ‘Chitty on Contracts’ for further clarification!

If you’re a practitioner swamped by the intricacies of, say, drafting offshore industry contracts, this meticulously researched and logically structured volume will be your most authoritative and reliable source of information, interpretation and advice on the subject.
There are ample resources therein for your further research, including tables of cases, legislation…rules and conventions…statutory instruments…and international conventions, rules and legislation. There’s also a table of forms and conditions. As a work of reference, the book is easy to use by virtue of its detailed and precisely organised table of contents and useful index at the back.

The appendices -- all nineteen of them – constitute an invaluable source of reference, containing as they do, all the UK standard conditions for towage and other services, plus towage forms and much, much more. To cite just one example, the Towhire 2008 (Daily Rate) stipulates that:

‘The Tug’s Daily Rate of Hire shall be payable in advance…all hire due hereunder shall be fully and irrevocably earned and non-returnable on a daily basis.’

Would that all terms of payment were as straightforward!

For all shipping law practitioners as well as others professionally involved in shipping, the third edition of this volume is timely and certainly unrivalled in terms of its value and authority. The law is stated as at 1 August 2011.