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- Title
Keep 'em Separated: The Fourth Circuit Extends the Coverage of Choice of Law Provisions To Determine the Existence of Maritime Liens in Triton Marine Fuels Ltd., S.A.: M/V Pacific Chukotka.
- Authors
Raudebaugh, Michael
- Abstract
The article focuses on the decision of the U.S. Court of Appeals for the Fourth Circuit in the case Triton Marine Fuels Ltd. SA v. M/V Pacific Chukotka. The author points out that the court's decision has extended the coverage of choice of law provisions to know the existence of maritime liens in the case. He explains that the court's decision offers significance to the presumption that the aim of the contracting parties should be given effect in the absence of negative policy implications. He further recommends for a choice of law provision in cases wherein the third party affected by the maritime lien has a direct contract with the party demanding for a lien.
- Subjects
UNITED States; ACTIONS &; defenses (Law); LEGAL judgments; UNITED States. Court of Appeals (4th Circuit); TRITON Marine Fuels Ltd. SA; MARITIME liens; MARITIME law; CONFLICT of laws; THIRD parties (Law)
- Publication
Tulane Maritime Law Journal, 2010, Vol 34, Issue 2, p647
- ISSN
1048-3748
- Publication type
Article