Bills Of Lading Incorporating Charterparties

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Bills Of Lading Incorporating Charterparties

Author : Melis Özdel
ISBN : 9781782256120
Genre : Law
File Size : 47.42 MB
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Vessels very frequently serve under a long chain of charterparties and sub-charterparties. When this is the case, the legal issues are more convoluted than they might at first seem. Incorporation clauses are commonplace in bills of lading used in the tramp trade due to the desire to make this web of contracts back-to-back. The extent to which the terms of the charterparty referred to can be carried across to the bill of lading has, over the centuries, been hotly disputed in many jurisdictions. Entirely dedicated to the topic of the incorporation of charterparty terms into bills of lading, this book discusses and analyses the legal and practical issues surrounding this topic under English and US law. Through discussions on the incorporation of a wide range of different charterparty terms, the book combines the peculiar and sophisticated rules of incorporation with the legal and practical issues concerning shipping, international trade, arbitration and conflict of laws and jurisdiction.
Category: Law

Incorporation Of Charterparty Clauses Into Bills Of Lading

Author : Melis Ozdel
ISBN : OCLC:827260446
Genre :
File Size : 72.10 MB
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Much has been said about the unfairness of binding bill of lading holders with the charterparty contracts, the copies of which are rarely provided together with the bills of lading. Besides, many people felt strongly that importing the provisions of an unseen contract creates a more risky international trade environment. Yet, it is an undeniable fact that incorporation clauses can make the holders subject to the charterparty provisions, even though the copies of these contracts are not shown to them. Nonetheless, since the early years, the issue of whether the charterparty terms are actually imported into a bill of lading has given rise to a great amount of litigation between the carriers and the holders. After a long line of judicial decisions given in this vein, it is now clear that for the charterparty clauses to be incorporated, both the bill of lading and the charterparty need to overcome a set of hurdles, which are popularly known as "the rules of incorporation". It is equally clear that while these rules establish the formulas to incorporate, they also cause numerous discussions about their workability and longevity in the ever-changing shipping and international trade practice. In the meantime, the rules raise the questions of to what extent the holders are protected against the potential pitfalls arising from the incorporation clauses, and whether the solutions to the problems are adequate in terms of giving commercial efficacy to these clauses. In particular, the overall impact of the rules of incorporation forces all the concerned parties to ask one question: Is the glass half full or half empty? With a view to bringing these issues to light, this thesis thoroughly examines and compares the respective rules of incorporation adopted in English and U.S. law, which offer strikingly different methods to tackle the question of incorporation. In order to illustrate the impacts of the incorporation clauses on the contractual position of the bill of lading holders, the thesis looks at the incorporation of the particular charterparty clauses which have mostly given rise to disputes between the parties, such as forum selection, demurrage, fiost and similar clauses. Notably, the thesis discusses the viability of the incorporation rules in the wake of the new international movements concerning the unification of the laws governing the bills of lading. Finally, this study, inter alia, concludes that the trend is more receptive to the carriers' imposition of monetary liabilities through the incorporation of charterparty terms than the enforcement of charterparty forum selection clauses.
Category:

Carver On Bills Of Lading

Author : G. H. Treitel
ISBN : 9780414048522
Genre : Bills of lading
File Size : 82.57 MB
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La 4e de couverture indique : "Provides a guide to the nature and uses of a Bill of Lading. Provides a detailed analysis of common standard form clauses and the legal principles that apply to them. Includes a new Chapter providing key commentary on the Rotterdam Rules. Includes all the important new cases and Supreme Court decisions. Gives you an in-depth treatment of specialist commercial contract area. Gives you practical guidance through commentary on case law and legislation. Organised so that each chapter deals with a particular clause or group of clauses found in day to day practice"
Category: Bills of lading

Laytime And Demurrage

Author : John Schofield
ISBN : 9781317424253
Genre : Law
File Size : 55.30 MB
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Laytime and Demurrage is the leading authority for all queries pertaining to this vital aspect of maritime law. It has continued to offer reliable, authoritative, and in-depth analysis since the first edition published in 1986. Praised for its unrivalled coverage and lucid writing style, this book provides a comprehensive overview of all aspects of laytime and demurrage, tracing the development of the law from its origins in the nineteenth century right up to the present day. The author delivers an in-depth analysis of both fixed and customary laytime clauses, the rules relating to commencement of laytime in berth, dock and port charters, and discusses under which circumstances laytime can be suspended. Furthermore, it analyses demurrage rules and vital issues such as despatch, detention and frustration. This seventh edition includes all key judicial and arbitral decisions reported since the sixth edition published in 2011. It also covers suffixes in connection with laytime measured in terms of Working days and Weather Working Days, and disputes arising from tender of NORs at the end of the sea passage. Laytime and Demurrage is an invaluable guide for both legal practitioners and maritime professionals worldwide, including commodity traders and brokers, shipping companies, P&I Clubs, shipowners, charterers, and arbitrators.
Category: Law

The Evolving Law And Practice Of Voyage Charterparties

Author : Rhidian Thomas
ISBN : 9781000341485
Genre : Law
File Size : 43.41 MB
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This addition to the Maritime and Transport Law Library looks at voyage charterparty contracts and addresses complex legal and practical issues arising out of them and their relationship with bills of lading and international sale contracts. It offers insightful discussion on other distinctive features of voyage charterparties, such as deviation, laytime and demurrage, seaworthiness and cancellation clauses, and on the recent case law developments in jurisdiction and arbitration clauses in voyage charterparty contracts.
Category: Law

Scrutton On Charterparties And Bills Of Lading

Author : Thomas Edward Scrutton
ISBN : UVA:35007002434177
Genre : Law
File Size : 25.82 MB
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Examines and identifies the factors in operation during the making of decisions concerning family issues and religion. The book looks at the ways the English legal system regulates the practice of religions and compares this with practices in other common law countries
Category: Law

Maritime Law

Author : Yvonne Baatz
ISBN : 9781317616887
Genre : Law
File Size : 76.84 MB
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Now in its third edition, this authoritative guide covers all of the core aspects of maritime law in one distinct volume. Maritime Law is written by a team of leading academics and practitioners, each expert in their own field. Together, they provide clear, concise and fully up-to-date coverage of topics ranging from bills of lading to arrest of ships, all written in an accessible and engaging style. As English law is heavily relied on throughout the maritime world, this book is grounded in English law whilst continuing to analyse the key international conventions currently in force. Brand new coverage includes: Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) The coming into force of the 2006 Maritime Labour Convention and the Merchant Shipping Regulations 2014 The approval of the 2012 edition of the Norwegian Sale Form Regulation 100/2013 heavily amending Regulation 1406/2002 establishing the European Maritime Safety Agency Greater detail on piracy in the Public International Law chapter and discussion of the M/V Louisa, ARA Libertad and Arctic Sunrise cases in the International Tribunal for the Law of the Sea Expanded sections in the marine insurance chapter Analysis of recent cases including Golden Ocean Group Ltd v Salgaocar Mining Industries PVT Ltd; Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG and Griffon Shipping Ltd. v Firodi Shipping Ltd. This book is a comprehensive reference source for students, academics, and legal practitioners worldwide, especially those new to maritime law or a particular field therein.
Category: Law

Admiralty And Maritime Law

Author : Robert Force
ISBN : 9781587982903
Genre : Law
File Size : 37.46 MB
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This is an abridged version of a casebook (previously published in two volumes) on admiralty and maritime law. Nine chapters cover: admiralty jurisdiction and procedure; federalism and admiralty jurisdiction; admiralty remedies; carriage of goods; charter parties; personal injury and death claims; collision and other accidents; maritime liens; and
Category: Law

Bills Of Lading

Author : M. Muir Mackenzie
ISBN : OXFORD:N11117516
Genre : Bills of lading
File Size : 85.34 MB
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Category: Bills of lading

Maritime Law Evolving

Author : Malcolm Clarke
ISBN : 9781782250401
Genre : Law
File Size : 75.45 MB
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To mark the 30th anniversary of the Institute of Maritime Law at Southampton University, current and former maritime law researchers came together to discuss the evolution of this fascinating area of law in the last 30 years and to stimulate discussion on its possible future. Their papers, edited by Professor Malcolm Clarke under the title Maritime Law Evolving, provide a series of thought-provoking essays on the most controversial and topical issues which have occupied maritime law researchers in the last three decades and which will continue to be at the heart of this ever-evolving discipline in the foreseeable future. The resulting work cuts across disciplines, spanning developments in areas as diverse as the management of the oceans and the evolution of the carriage and insurance sides of shipping law, including the ever- increasing influence of the European legislator in matters of conflict of laws and enforcement.
Category: Law

The Law Journal Reports

Author :
ISBN : IND:30000022590909
Genre : Law reports, digests, etc
File Size : 52.61 MB
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Category: Law reports, digests, etc

The Law Journal Reports

Author : Henry D. Barton
ISBN : UOM:35112103321016
Genre : Law reports, digests, etc
File Size : 87.6 MB
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Category: Law reports, digests, etc

Cases And Materials On International Trade Law

Author : Paul Todd
ISBN : STANFORD:36105063217843
Genre : Commerce extérieur - Réglementation - Jurisprudence
File Size : 24.64 MB
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This addition to the literature on international trade law adopts a traditional approach to the subject area, and is based around the CIF (costs, insurance, freight) and FOB (free on board) sales contracts.
Category: Commerce extérieur - Réglementation - Jurisprudence

The Law Of Carriage Of Goods By Sea

Author : Lachmi Singh
ISBN : 9781847667038
Genre : Law
File Size : 33.88 MB
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This book provides a comprehensive overview and insight into the legal aspects of sea carriage and its surrounding issues. The book will enable law students - both new to the subject, as well as those seeking to advance their knowledge - to understand the often technical and complicated nature of the law in this area better. It includes relevant case excerpts, statutory materials, and exam- and coursework-related questions and diagrams to aid understanding of the subject. The areas covered include: bills of lading * charter parties * international and domestic regulations * rights and obligations of the parties under a contract of carriage * limitations of liability * remedies.
Category: Law