Jason Chuah | City, University of London (original) (raw)
Papers by Jason Chuah
Cases and Materials on the Carriage of Goods by Sea, 2019
City Law School, City, University of London, 2021
There is much to be welcomed concerning the role blockchain technology can play to modernise and ... more There is much to be welcomed concerning the role blockchain technology can play to modernise and enhance international trade and create a more level playing field and reduce costs. However, it goes without say that the technology also brings with it the prospect of abuse leading to trade based money laundering. This chapter explores how the anti money laundering (AML) legislation should respond to the use of blockchain technology in shipping and trade. Drawing on tried and tested forms of blockchain technology based trade transactions, the work examines the fault lines in the current regulatory system and questions how best these gaps should be remedied. It also stresses that even states that have banned the issue and trade of cryptoassets, such as the People's Republic of China (PRC), would not be immune to the new challenges.
Administration of Justice Act 1920 Adoption Act 1976 Arbitration Act 1950 Arbitration Act 1975 Ar... more Administration of Justice Act 1920 Adoption Act 1976 Arbitration Act 1950 Arbitration Act 1975 Arbitration Act 1979 Arbitration Act 1996 Bills of Exchange 1882 Child Abduction Custody Act 1985 Children Act 1989 Civil Evidence Act 1972 Civil Jurisdiction and Judgements Act 1982 Companies Act 1985 Consular Relations Act 1968 Contracts (Applicable Law) Act 1990 Convention on the Law applicable to International Sales of Goods, The Hague, 1955 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 1958 Diplomatic Privileges Act 1964 Domestic Proceedings Act 1973 (1973 C 45) European Convention on International Commercial Arbitration, Geneva, 1961 Evidence (Proceedings in Other Jurisdictions) Act 1975 Family Law Act 1986 Family Law Act 1996 Family Law Reform Act 1987 Foreign Corporations Act 1991 Foreign Judgments (Reciprocal Enforcement) Act 1933 Foreign Limitations Periods Act 1984 Foreign Marriage Act 1892 Insurance Companies Act 1982 Latent Damage Act 1986...
This chapter maps the scope of the green principles which underpin the EU Green Shipping Finance ... more This chapter maps the scope of the green principles which underpin the EU Green Shipping Finance facility and links them to wider issues of legal and contractual competencies. It is premised on the proposition that the concept of green shipping finance should be construed widely because the impact of greening extends far beyond mere ship design and build but to the longer global supply chain. The challenge is that a finance facility, however green, will always have contractual constrictions, policy constraints and finance prudential limits. The wider theoretical framework thus entails a questioning of the concept of “green finance” itself. Broadly speaking, should not all financing be “green”? This paper makes two contributions. The first is to link the concept of “green” to the legal competencies of the EIB using the green shipping finance facility example. That stresses the importance of integrating green principles in the legal infrastructure of the finance provider. Secondly, th...
This paper examines the scope and limits of the contractual choice of law provisions in the new P... more This paper examines the scope and limits of the contractual choice of law provisions in the new PRC Conflicts Law and the Chinese Maritime Code in the context of globalised maritime commerce. Maritime commerce is of special interest because of the intersection or conflict between what is covered by the Maritime Code and what is to be covered by the Conflicts Law; in certain quarters that might conceivably be seen as the appropriate delineation in law for wet and dry shipping. This modest work immediately faces a methodological challenge as regards philosophical hermeneutics. Chinese legal methodology differs from western methodologies of legal inquiry. The approach taken here shall highlight these differences in its inquiry but shall essentially rely on the idea of legal functionalism to argue that the rapid developments in Chinese private international law require legal institutions in the PRC to recognise not only the pragmatism of international shipping and trade, but also, the notion of “party autonomy” itself and the importance of judicial creativity in giving effect to any evolving legal and commercial norms.
The Modern Law of Contract 5/e, 2002
Research Handbook on Maritime Law and Regulation, 2019
This chapter considers the legal circumstances impacting on the feasibility of the relevant parti... more This chapter considers the legal circumstances impacting on the feasibility of the relevant parties coming together to renegotiate their shipping contracts – notably large scale contracts such as charterparties – in times of economic hardship. The imperatives of insolvency law and shipping law are not always the same. Insolvency law is pivoted on a state imposed belief that corporate assets should be protected at times of insolvency. This work attempts to prove that shipping relationships and realities do not always render the continuation of a shipping contractual relationship worth preserving and so shows and tests the tension between insolvency law and party autonomy in that regard.
Law & Society: Private Law - Contracts eJournal, 2015
There is no doubt that the economic crisis has led to an increased number of shipping and trade c... more There is no doubt that the economic crisis has led to an increased number of shipping and trade cases before the courts which raise the issue of economic hardship as an excuse for non-performance of the contract. As a legal concept, even in western legal systems, the cultural and normative differences pose a serious challenge for judicial and arbitral tribunals to find the right solution. The two extremes are either that hardship does not excuse performance or that it requires the contract to be modified, either judicially or by the parties. This article highlights some of these differences between the legal systems and emphasises that commercial people can and should be trusted to find solutions to the disruptive effects to contractual relations. However, commercial arrangements or solutions are only as successful as the legal system on which they are founded. This article thus aims to study the developments in European commercial law thinking which might be said to support or hind...
This article analyses the recent EU-China Joint Customs Cooperation Committee’s Decision calling ... more This article analyses the recent EU-China Joint Customs Cooperation Committee’s Decision calling for the mutual recognition of authorised economic operators (AEOs). The success of mutual recognition agreements depends much on a common understanding of the objectives of an AEO scheme; thus, this article traces the development of the AEO concept as a risk management and trade facilitation tool. It is argued that, for mutual recognition agreements in world customs law, an entirely risk-based approach without some rule-based prescription is susceptible to uncertainty. A risk-based approach to regulation should not however ignore the international/transnational political challenges. The article will further explore some of the practical challenges for mutual recognition between China and EU.
Making the agreement. What is within the agreement. Defects in the agreement. Who is within the a... more Making the agreement. What is within the agreement. Defects in the agreement. Who is within the agreement. Ending the agreement.
Cases and Materials on the Carriage of Goods by Sea, 2019
Administration of Justice Act 1920 Adoption Act 1976 Arbitration Act 1950 Arbitration Act 1975 Ar... more Administration of Justice Act 1920 Adoption Act 1976 Arbitration Act 1950 Arbitration Act 1975 Arbitration Act 1979 Arbitration Act 1996 Bills of Exchange 1882 Child Abduction Custody Act 1985 Children Act 1989 Civil Evidence Act 1972 Civil Jurisdiction and Judgements Act 1982 Companies Act 1985 Consular Relations Act 1968 Contracts (Applicable Law) Act 1990 Convention on the Law applicable to International Sales of Goods, The Hague, 1955 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 1958 Diplomatic Privileges Act 1964 Domestic Proceedings Act 1973 (1973 C 45) European Convention on International Commercial Arbitration, Geneva, 1961 Evidence (Proceedings in Other Jurisdictions) Act 1975 Family Law Act 1986 Family Law Act 1996 Family Law Reform Act 1987 Foreign Corporations Act 1991 Foreign Judgments (Reciprocal Enforcement) Act 1933 Foreign Limitations Periods Act 1984 Foreign Marriage Act 1892 Insurance Companies Act 1982 Latent Damage Act 1986...
This chapter maps the scope of the green principles which underpin the EU Green Shipping Finance ... more This chapter maps the scope of the green principles which underpin the EU Green Shipping Finance facility and links them to wider issues of legal and contractual competencies. It is premised on the proposition that the concept of green shipping finance should be construed widely because the impact of greening extends far beyond mere ship design and build but to the longer global supply chain. The challenge is that a finance facility, however green, will always have contractual constrictions, policy constraints and finance prudential limits. The wider theoretical framework thus entails a questioning of the concept of “green finance” itself. Broadly speaking, should not all financing be “green”? This paper makes two contributions. The first is to link the concept of “green” to the legal competencies of the EIB using the green shipping finance facility example. That stresses the importance of integrating green principles in the legal infrastructure of the finance provider. Secondly, th...
Cases and Materials on the Carriage of Goods by Sea, 2019
Cases and Materials on the Carriage of Goods by Sea, 2019
City Law School, City, University of London, 2021
There is much to be welcomed concerning the role blockchain technology can play to modernise and ... more There is much to be welcomed concerning the role blockchain technology can play to modernise and enhance international trade and create a more level playing field and reduce costs. However, it goes without say that the technology also brings with it the prospect of abuse leading to trade based money laundering. This chapter explores how the anti money laundering (AML) legislation should respond to the use of blockchain technology in shipping and trade. Drawing on tried and tested forms of blockchain technology based trade transactions, the work examines the fault lines in the current regulatory system and questions how best these gaps should be remedied. It also stresses that even states that have banned the issue and trade of cryptoassets, such as the People's Republic of China (PRC), would not be immune to the new challenges.
Administration of Justice Act 1920 Adoption Act 1976 Arbitration Act 1950 Arbitration Act 1975 Ar... more Administration of Justice Act 1920 Adoption Act 1976 Arbitration Act 1950 Arbitration Act 1975 Arbitration Act 1979 Arbitration Act 1996 Bills of Exchange 1882 Child Abduction Custody Act 1985 Children Act 1989 Civil Evidence Act 1972 Civil Jurisdiction and Judgements Act 1982 Companies Act 1985 Consular Relations Act 1968 Contracts (Applicable Law) Act 1990 Convention on the Law applicable to International Sales of Goods, The Hague, 1955 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 1958 Diplomatic Privileges Act 1964 Domestic Proceedings Act 1973 (1973 C 45) European Convention on International Commercial Arbitration, Geneva, 1961 Evidence (Proceedings in Other Jurisdictions) Act 1975 Family Law Act 1986 Family Law Act 1996 Family Law Reform Act 1987 Foreign Corporations Act 1991 Foreign Judgments (Reciprocal Enforcement) Act 1933 Foreign Limitations Periods Act 1984 Foreign Marriage Act 1892 Insurance Companies Act 1982 Latent Damage Act 1986...
This chapter maps the scope of the green principles which underpin the EU Green Shipping Finance ... more This chapter maps the scope of the green principles which underpin the EU Green Shipping Finance facility and links them to wider issues of legal and contractual competencies. It is premised on the proposition that the concept of green shipping finance should be construed widely because the impact of greening extends far beyond mere ship design and build but to the longer global supply chain. The challenge is that a finance facility, however green, will always have contractual constrictions, policy constraints and finance prudential limits. The wider theoretical framework thus entails a questioning of the concept of “green finance” itself. Broadly speaking, should not all financing be “green”? This paper makes two contributions. The first is to link the concept of “green” to the legal competencies of the EIB using the green shipping finance facility example. That stresses the importance of integrating green principles in the legal infrastructure of the finance provider. Secondly, th...
This paper examines the scope and limits of the contractual choice of law provisions in the new P... more This paper examines the scope and limits of the contractual choice of law provisions in the new PRC Conflicts Law and the Chinese Maritime Code in the context of globalised maritime commerce. Maritime commerce is of special interest because of the intersection or conflict between what is covered by the Maritime Code and what is to be covered by the Conflicts Law; in certain quarters that might conceivably be seen as the appropriate delineation in law for wet and dry shipping. This modest work immediately faces a methodological challenge as regards philosophical hermeneutics. Chinese legal methodology differs from western methodologies of legal inquiry. The approach taken here shall highlight these differences in its inquiry but shall essentially rely on the idea of legal functionalism to argue that the rapid developments in Chinese private international law require legal institutions in the PRC to recognise not only the pragmatism of international shipping and trade, but also, the notion of “party autonomy” itself and the importance of judicial creativity in giving effect to any evolving legal and commercial norms.
The Modern Law of Contract 5/e, 2002
Research Handbook on Maritime Law and Regulation, 2019
This chapter considers the legal circumstances impacting on the feasibility of the relevant parti... more This chapter considers the legal circumstances impacting on the feasibility of the relevant parties coming together to renegotiate their shipping contracts – notably large scale contracts such as charterparties – in times of economic hardship. The imperatives of insolvency law and shipping law are not always the same. Insolvency law is pivoted on a state imposed belief that corporate assets should be protected at times of insolvency. This work attempts to prove that shipping relationships and realities do not always render the continuation of a shipping contractual relationship worth preserving and so shows and tests the tension between insolvency law and party autonomy in that regard.
Law & Society: Private Law - Contracts eJournal, 2015
There is no doubt that the economic crisis has led to an increased number of shipping and trade c... more There is no doubt that the economic crisis has led to an increased number of shipping and trade cases before the courts which raise the issue of economic hardship as an excuse for non-performance of the contract. As a legal concept, even in western legal systems, the cultural and normative differences pose a serious challenge for judicial and arbitral tribunals to find the right solution. The two extremes are either that hardship does not excuse performance or that it requires the contract to be modified, either judicially or by the parties. This article highlights some of these differences between the legal systems and emphasises that commercial people can and should be trusted to find solutions to the disruptive effects to contractual relations. However, commercial arrangements or solutions are only as successful as the legal system on which they are founded. This article thus aims to study the developments in European commercial law thinking which might be said to support or hind...
This article analyses the recent EU-China Joint Customs Cooperation Committee’s Decision calling ... more This article analyses the recent EU-China Joint Customs Cooperation Committee’s Decision calling for the mutual recognition of authorised economic operators (AEOs). The success of mutual recognition agreements depends much on a common understanding of the objectives of an AEO scheme; thus, this article traces the development of the AEO concept as a risk management and trade facilitation tool. It is argued that, for mutual recognition agreements in world customs law, an entirely risk-based approach without some rule-based prescription is susceptible to uncertainty. A risk-based approach to regulation should not however ignore the international/transnational political challenges. The article will further explore some of the practical challenges for mutual recognition between China and EU.
Making the agreement. What is within the agreement. Defects in the agreement. Who is within the a... more Making the agreement. What is within the agreement. Defects in the agreement. Who is within the agreement. Ending the agreement.
Cases and Materials on the Carriage of Goods by Sea, 2019
Administration of Justice Act 1920 Adoption Act 1976 Arbitration Act 1950 Arbitration Act 1975 Ar... more Administration of Justice Act 1920 Adoption Act 1976 Arbitration Act 1950 Arbitration Act 1975 Arbitration Act 1979 Arbitration Act 1996 Bills of Exchange 1882 Child Abduction Custody Act 1985 Children Act 1989 Civil Evidence Act 1972 Civil Jurisdiction and Judgements Act 1982 Companies Act 1985 Consular Relations Act 1968 Contracts (Applicable Law) Act 1990 Convention on the Law applicable to International Sales of Goods, The Hague, 1955 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 1958 Diplomatic Privileges Act 1964 Domestic Proceedings Act 1973 (1973 C 45) European Convention on International Commercial Arbitration, Geneva, 1961 Evidence (Proceedings in Other Jurisdictions) Act 1975 Family Law Act 1986 Family Law Act 1996 Family Law Reform Act 1987 Foreign Corporations Act 1991 Foreign Judgments (Reciprocal Enforcement) Act 1933 Foreign Limitations Periods Act 1984 Foreign Marriage Act 1892 Insurance Companies Act 1982 Latent Damage Act 1986...
This chapter maps the scope of the green principles which underpin the EU Green Shipping Finance ... more This chapter maps the scope of the green principles which underpin the EU Green Shipping Finance facility and links them to wider issues of legal and contractual competencies. It is premised on the proposition that the concept of green shipping finance should be construed widely because the impact of greening extends far beyond mere ship design and build but to the longer global supply chain. The challenge is that a finance facility, however green, will always have contractual constrictions, policy constraints and finance prudential limits. The wider theoretical framework thus entails a questioning of the concept of “green finance” itself. Broadly speaking, should not all financing be “green”? This paper makes two contributions. The first is to link the concept of “green” to the legal competencies of the EIB using the green shipping finance facility example. That stresses the importance of integrating green principles in the legal infrastructure of the finance provider. Secondly, th...
Cases and Materials on the Carriage of Goods by Sea, 2019