The Remedies Of Builder In International Shipbuilding Contracts

Shipbuilding industry is booming in China recently. It plays an important role in supplying working opportunities, international trade and national territorial security. China will endeavor to be the biggest and most important shipbuilding country in the year 2015 according to released by COSTIND (Commission of Science Technology and Industry for National Defense). In the year 2007, newbuilding orders of China exceeded 7,000 DWT, which took the first place in world. However, there is little research in shipbuilding contracts. So the author decided to do some researches about shipbuilding contracts.The principal form of contract in use in international shipbuilding projects is that published in January 1974 by The Shipbuilders' Association of Japan and colloquially known as the "SAJ form". Similar to other areas of maritime law, English law plays a predominant role in international shipbuilding contracts. Giving regards to two points above, the author of this thesis analyzes builder's legal position and remedies in SAJ form under English Law, and discusses builder's legal position and remedies under Chinese Law.In Chapter One, the author discussed the legal nature of shipbuilding contracts. According to Chinese legal theory, the author thinks shipbuilding contract should be a contract for sale.Chapter Two deal with default and remedies. Firstly the author introduces the seller's remedies under English law, then discusses builder's remedies in SAJ form.Chapter Three titled "risk bearing and builder's remedies" discusses the definition and characters of risk bearing. Combined with shipbuilding practice, the author introduces builder's remedies related to risk bearing.In Chapter Four, the author discusses an important clause in shipbuilding contracts-force majeure clause and emphasis the difference between English law and Chinese law about the clause.