BIMCO (Baltic and International Maritime Council) and ISCO (the International Spill Control Organisation) have recently issued two standard contracts, RESPONSECON and US RESPONSECON. The two contracts, RESPONSECON (international version) and US RESPONSECON (United States version), are designed for spill incidents and enable those involved to obtain clean-up services and hire specialised personnel and equipment without delay. The contracts are framework agreements covering the essential elements of the parties’ relationship based on the contractor’s provision of equipment and personnel or even for hire of equipment only. Application of the contract is not limited to shipping incidents or ship-owners counterparties. Requesting Parties may include pipeline operators, oil companies, regional and national government authorities, and other entities that may have a requirement to initiate spill response. The terms and conditions are set out in standard clauses with accompanying annexes for the different parties to insert detailed descriptions of the required services and rates for personnel and equipment.
Publications
Diritto del Commercio Internazionale
Prof. Marco Lopez de Gonzalo published an article entitled “the OW Bunker case: competing claims and the debtor’s dilemma” on the Italian journal Diritto del Commercio Internazionale (no. 3/2016).
Diritto Marittimo
In the Italian journal Diritto Marittimo (no. 3/2016) is published an article of Prof. Marco Lopez de Gonzalo entitled “the new directive on tourists packages and the international and european legislation on transport of persons“.
Unidroit
The International Institute for the Unification of Private Law (UNIDROIT) recently publiched an essay in honour of Michael Joachim Bonell to clebrate his 70th birthday entitled “Eppur si muove: The Age of Uniform Law“. In the essay there is an article of Prof. Marco Lopez de Gonzalo regarding “punitive damages in the international private law, in uniform law and in the UNIDROIT principles“.
The torts liability of classification societies
An article by Marco Lopez de Gonzalo, entitled “Classifications of ships, reliance, fortuity (the appeal judgement in the ‘Redwood’ case)”, has been published on the third issue of “Diritto del Commercio Internazionale”. The article examines the torts liability of classification societies, giving special attention to the Redwood case in the light of the main Italian and foreign case law.
The contract for logistics services in case law and contractual practice
An article by Marco Lopez de Gonzalo, entitled “the contract for logistics services in case law and contractual practice”, has been published on the second issue of “Diritto del Commercio Internazionale”. The article examines various issues about the contract for logistics services, giving special attention to the role played by case law and parties’ autonomy in the definition of its discipline.
Publications
The international regime of carriage of passengers
In the Italian Journal of International Trade Commerce (n. 3/2014) Marco Lopez de Gonzalo published an article on the following topic: “The International Regime of Carriage of Passangers”. The article is a summary of all main issues related to sea, air and rail carriage of passangers.
Ship and Aircraft Charter
Giuffrè published the “Treaty of Contracts”. Marco Lopez de Gonzalo wrote the chapter: “Ship and Aircraft Charter”; the chapter addresses the topic in a systematic manner with a focus on contractual practice and case law.