해상운송계약상 Knock for Knock 조항의 법적 유효성에 관한 사례연구

The purpose of this study aims to analyse the legal validity of knock for knock under contract of carriage by sea with the A Turtle. A 'knock-for-knock' clause in a contract is usually included with the intention that each party should bear responsibility for any damage or loss to its own property, or accident or injury to its own staff, without making a claim against the other party, even if the other party is at fault. The practice originated in the non-life insurance business, where it was considered impractical and uneconomical for non-life insurers to negotiate and dispute large numbers of claims between insurers. Similar arrangements became commonplace in the offshore oil & gas industry, where parties involved in an exploration or production project could potentially enter into complex and long-term contracts, and where knock-for-knock clauses are intended to avoid complex litigation between the parties, and to simplify insurance arrangements. Knock-for-knock clauses have been incorporated into some standard charterparties, such as Towcon and Towhire. English courts have recognised knock-for-knock clauses as being a market practice in offshore operations and in other industries, and have given full effect to such clauses in a number of English court decisions.