Legal distribution of Risk on International Shipbuilding Contracts
This article seeks an appropriate response to the issues that the parties to international shipbuilding contracts struggle with and they are lawsuits arising from disputes related to the manner of risk distribution in these contracts as well as the variety of associated cases and their referral to a...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2022-06-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_15088_6db47a5b86e731b45508003534be9c44.pdf |
| _version_ | 1797375820535169024 |
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| author | Abdolhossein Shiravi, Seyyedeh Mitra Moosavi |
| author_facet | Abdolhossein Shiravi, Seyyedeh Mitra Moosavi |
| author_sort | Abdolhossein Shiravi, |
| collection | DOAJ |
| description | This article seeks an appropriate response to the issues that the parties to international shipbuilding contracts struggle with and they are lawsuits arising from disputes related to the manner of risk distribution in these contracts as well as the variety of associated cases and their referral to arbitration tribunals or international courts. Identifying existing or perceived risks in international shipbuilding contracts and the quality of management and distribution of these risks among the contracting parties have a significant impact on the life and survival of the contract and on achieving the desired result and the ultimate goal of the contract. A wide range of financial, legal, political, technical and economic risks are involved in the contract, the distribution of which must also be detailed. besides, national, regional and international legal rules and requirements in the field of maritime standards restrict and regulate the freedom of will of the parties. The main risks include design, technical or qualitative risk and financial risk. The effects and guarantees of each of these risks vary and the way out of them should be foreseen in the clauses of the contract or other similar documents in the light of the principle of sovereignty of the will and it should also be specified which party bears the burden of these risks. Risk, as the case may be, is borne by the party to the contract who has the greater capacity, power and from technical, legal or financial point of view has the capacity to compensate and procure it. Depending on the case, the design risk is borne by the design provider (owner, builder or design consultant), technical or quality risk is borne by the builder until the end of the warranty period, and financial risk is borne by the financing applicant |
| first_indexed | 2024-03-08T19:29:45Z |
| format | Article |
| id | doaj.art-bb35bda8e47f4574b710facfa438f037 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:45Z |
| publishDate | 2022-06-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-bb35bda8e47f4574b710facfa438f0372023-12-26T07:49:37ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322022-06-01103920523310.22054/jplr.2022.68161.268115088Legal distribution of Risk on International Shipbuilding ContractsAbdolhossein Shiravi,0Seyyedeh Mitra Moosavi1Full profiessor, Private and Economic Law at Tehran UniversityStudent of Private Law PHD'S Degree, Tehran University.Tehran,IranThis article seeks an appropriate response to the issues that the parties to international shipbuilding contracts struggle with and they are lawsuits arising from disputes related to the manner of risk distribution in these contracts as well as the variety of associated cases and their referral to arbitration tribunals or international courts. Identifying existing or perceived risks in international shipbuilding contracts and the quality of management and distribution of these risks among the contracting parties have a significant impact on the life and survival of the contract and on achieving the desired result and the ultimate goal of the contract. A wide range of financial, legal, political, technical and economic risks are involved in the contract, the distribution of which must also be detailed. besides, national, regional and international legal rules and requirements in the field of maritime standards restrict and regulate the freedom of will of the parties. The main risks include design, technical or qualitative risk and financial risk. The effects and guarantees of each of these risks vary and the way out of them should be foreseen in the clauses of the contract or other similar documents in the light of the principle of sovereignty of the will and it should also be specified which party bears the burden of these risks. Risk, as the case may be, is borne by the party to the contract who has the greater capacity, power and from technical, legal or financial point of view has the capacity to compensate and procure it. Depending on the case, the design risk is borne by the design provider (owner, builder or design consultant), technical or quality risk is borne by the builder until the end of the warranty period, and financial risk is borne by the financing applicanthttps://jplr.atu.ac.ir/article_15088_6db47a5b86e731b45508003534be9c44.pdftypes of riskmanagement of riskinternational shipbuilding contractsdisclaimerconsequences of risk and sanctions |
| spellingShingle | Abdolhossein Shiravi, Seyyedeh Mitra Moosavi Legal distribution of Risk on International Shipbuilding Contracts Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī types of risk management of risk international shipbuilding contracts disclaimer consequences of risk and sanctions |
| title | Legal distribution of Risk on International Shipbuilding Contracts |
| title_full | Legal distribution of Risk on International Shipbuilding Contracts |
| title_fullStr | Legal distribution of Risk on International Shipbuilding Contracts |
| title_full_unstemmed | Legal distribution of Risk on International Shipbuilding Contracts |
| title_short | Legal distribution of Risk on International Shipbuilding Contracts |
| title_sort | legal distribution of risk on international shipbuilding contracts |
| topic | types of risk management of risk international shipbuilding contracts disclaimer consequences of risk and sanctions |
| url | https://jplr.atu.ac.ir/article_15088_6db47a5b86e731b45508003534be9c44.pdf |
| work_keys_str_mv | AT abdolhosseinshiravi legaldistributionofriskoninternationalshipbuildingcontracts AT seyyedehmitramoosavi legaldistributionofriskoninternationalshipbuildingcontracts |