Shortly to be published by Siber Ink

AssociAted ship &
S o u t h A f r i c A n A d m i r A lt y J u r i S d i c t i o n


MalcolM Wallis
B Com, LL B cum laude (Natal) Ph D (UKZN) SC Judge of the High Court of South Africa

this important new work by one of South Africa’s leading shipping lawyers will be published in early october 2010. We are pleased to offer a special pre-publication price on all orders received on this order form, or online on our website, before 10 September 2010.

Chapter 1 the introduction of the ASSociAted Ship JuriSdiction Chapter 2 the previouS legAl lAndScApe
1. The Roman-Dutch law and the attachment ad fundandam et confirmandam jurisdictionem 2. English Admiralty law and the action in rem 3. Do the action in rem and the attachment ad fundandam et confirmandam jurisdictionem share common origins? 4. Conclusion 4. The proper meaning of control 5. Potential problems in relation to control

Chapter 8 Single or multiple ArreStS?
1. 2. 3. 4. 5. Introduction The Fortune 22 Policy factors in favour of multiple arrests Protection against oppression Conclusion

Chapter 9 the conStitutionAl dimenSion
1. 2. 3. 4. 5. Supremacy of the Constitution The constitution and the associated ship The associated ship and s 25(1) of the Constitution Proof of association, fair hearing and equality Conclusion

Chapter 3 the Action IN Rem in South AfricA Chapter 4 the roAd to the ASSociAted Ship
1. 2. 3. 4. 5. The process of reform The Arrest Convention South Africa and the Arrest Convention Piercing the corporate veil? A justification for the associated ship arrest

Chapter 10 Security ArreStS
1. Introduction 2. Associated ships and security arrests

Chapter 5 the eArly development of the ASSociAted Ship JuriSdiction
1. 2. 3. 4. 5. Introduction The original associated ship provisions The Berg The associated ship in practice Conclusion

Chapter 11 theorieS of the Action IN Rem
1. Is there a South African action in rem? 2. The nature of the action in rem in England 3. The position in South Africa

Chapter 12 the South AfricAn Action IN Rem
1. The features of the action in rem 2. The features of an action in rem in South Africa 3. The action in rem against the associated ship

Chapter 6 the AmendmentS And the preSent ASSociAted Ship JuriSdiction
1. 2. 3. 4. Background to the amendments Expansion of the list of maritime claims Amendments to the associated ship provisions The present requirements for an associated ship arrest

Chapter 13 the ASSociAted Ship — problemS And puzzleS
1. 2. 3. 4. Arbitration and exclusive jurisdiction clauses Forum non conveniens Tonnage limitation Does an associated ship action in rem discharge a maritime lien? 5. Peering into the crystal ball — the future of the associated ship

Chapter 7 the concept of control
1. Introduction 2. The statutory provisions

The author

‘A tour de force — a work of the very highest order.’
Hilton Staniland — Professor of maritime Law in the Institute of maritime Law, University of Southampton

Malcolm Wallis holds the degrees BCom, LL B (cum laude) and PhD. He practised as an advocate for 35 years at the KwaZulu-Natal Bar, the last 23 years as a silk, before his appointment to the bench in 2009. He had a substantial maritime practice and appeared in many leading shipping cases in the Supreme Court of Appeal. He also had a  wide-ranging practice in other areas and appeared in over 100 SCA appeals and a number of cases in the Constitutional Court. He was the chairman of the General Council of the Bar and of the Forum for Barristers and Advocates of the IBA as well as vice-chairman of the Bar Issues Commission of the IBA. In addition he was active in a number of areas of public life. Since his appointment to the Bench he has held acting appointments in the SCA and Competition Appeals Court and is a member of the Labour Appeal Court. He and Janet have been married for 33 years and have 3 children.

‘This is a work of extraordinary academic merit yet it will be indispensable to the scholar and the admiralty practitioner alike. With characteristic thoroughness and probing insight, Malcolm Wallis has examined the provenance and procedure of a remedy unique to South Africa. In so doing the author has placed the arrest of an associated ship in South Africa firmly at the vanguard of the arsenal of weapons a maritime creditor may use to bring to bear on worldwide recalcitrant debtors. The work traces the associated ship’s right of passage through the past 25 years of South African maritime law. It illuminates theory and practice. With Judge Wallis’s thesis, the associated ship arrest has finally come of age.’
John Hare — Professor of Shipping Law, University of Cape Town

siber ink order Form
Fax to 086 514 5276 or scan & email to Yes, please send me ____ copies of The Associated Ship & South African Admiralty Jurisdiction by Malcolm Wallis at the special pre-publication price of R990 (including VAT) plus R90 freight and packaging.* I understand that the book will not be sent to me until payment on a pro-forma invoice has been received. This pre-publication offer is valid only until 10 September 2010. Company name: ____________________________________________________ Physical Address: ____________________________________________________ ____________________________________________________ ___________________________________Postcode: _________ Telephone: ( _____ ) _____________________ Fax: ( _____ ) _____________________ e-mail: ____________________________________________________ VAT number: ____________________________________________________ Field(s) of interest: ____________________________________________________ Signature of authorised representative: _______________________________ Date: __________________________
* Delivery is by door-to-door courier. It is accordingly imperative to provide a physical delivery address. The cost of deliver will depend on the number of copies ordered, and will be charged from R90.00 for a single copy to a delivery address within South Africa.

Name in block letters: ____________________________

ORDERS can be placed through Siber Ink (fax 086 514 5276) or via e-mail to orders@siberink. Please note that these orders will be fulfilled by the distributors, Blue Weaver Marketing (fax 086 524 2138). Stock will be carried by most major law bookshops, who will NOT recognise the pre-publication price. Orders can also be placed on the internet at Trade orders to Published by: SIBER INK CC • PO BOX 30702 TOKAI 7966 • reg no CK2000/010470/23 • Member: Simon Sephton

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