P & I Club Letters of Undertaking and Admiralty Arrests

NUS Law Working Paper No. 2018/015

NUS - Centre for Maritime Law Working Paper 18/04

Published in (2018) 24 Journal of International Maritime Law 201-212

22 Pages Posted: 19 Jun 2018 Last revised: 3 Sep 2018

Paul Myburgh

National University of Singapore (NUS) - Faculty of Law

Date Written: June 19, 2018

Abstract

Alternative forms of security to prevent the arrest (or the continued arrest) of ships in admiralty proceedings in rem are vital in ensuring uninterrupted international trade. This paper examines one of the more popular and successful modern forms of alternative security, P & I club letters of undertaking. Club letters provide a fascinating example of highly effective private ordering by commercial parties within the broader framework of public judicial administration. Although undoubtedly contractual in nature, they have been required to respond and adapt to the particular requirements and policy concerns of the admiralty jurisdiction. It may be argued, therefore, that club letters have developed over time into a distinctive, if not sui generis, species of commercial surety.

Keywords: P & I clubs, letters of undertaking, alternative security, ship arrest, admiralty proceedings in rem

Suggested Citation

Myburgh, Paul, P & I Club Letters of Undertaking and Admiralty Arrests (June 19, 2018). NUS Law Working Paper No. 2018/015; Published in (2018) 24 Journal of International Maritime Law 201-212. Available at SSRN: https://ssrn.com/abstract=3199592 or http://dx.doi.org/10.2139/ssrn.3199592

Paul Myburgh (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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