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The Incorporation Of The Hague Visby Rules Into Charterparties
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Book Synopsis Legal Issues Relating to Time Charterparties by : Rhidian Thomas
Download or read book Legal Issues Relating to Time Charterparties written by Rhidian Thomas and published by Taylor & Francis. This book was released on 2020-11-25 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Issues Relating to Time Charterparties addresses all the major questions and issues that arise in connection with time charterparties, examining them in a logical manner, progressively tracing the subject from the creation to the termination of the contract. All the salient legal aspects of time charterparties are examined, with the law analysed in its commercial context, particularly in relation to the various ways in which time charterparties may be used in shipping and international trade.
Book Synopsis Bills of Lading Incorporating Charterparties by : Melis Özdel
Download or read book Bills of Lading Incorporating Charterparties written by Melis Özdel and published by Bloomsbury Publishing. This book was released on 2015-01-22 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Law of Carriage of Goods by Sea by : Arun Kasi
Download or read book The Law of Carriage of Goods by Sea written by Arun Kasi and published by Springer Nature. This book was released on 2021-09-01 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written in three parts, covers the basics of the international trade, financing and the legal framework related to the law of carriage of goods by sea, elaborates on bills of lading in depth and sea waybills and ship’s delivery orders in brief and charterparties in depth. While the book is based on the English law, cases and materials from other jurisdictions, particularly Singapore, Malaysia, India, the USA, and Australia are brought in to provide an international perspective. The practical analyses, commentary and critiques of cases would be a useful guide for practitioners in developing case arguments. Although written with practitioners, academicians and students in mind, the book will also serve as a useful guide for sea carriers, freight forwarders, international traders, financiers, etc. as the complex subject is presented in reader-friendly and easy to grasp manner.
Book Synopsis International Trade Law by : Indira Carr
Download or read book International Trade Law written by Indira Carr and published by Routledge. This book was released on 2017-11-22 with total page 1097 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Trade Law offers a clear overview of the complexities of an international sale transaction through informed analysis of case law, legislation, and international conventions and rules. Fully updated with changes to the law and new directions in legal debate, this new edition considers: Standard trade terms including INCOTERMS 2010, the Convention on International Sales of Goods 1980 and the UNIDROIT Principles for International Commercial Contracts E-Commerce issues, including electronic bills of lading Insurance and payment mechanisms, such as letters of credit and the UCP 600 International transportation of cargo, including the Rotterdam Rules Dispute resolution (including jurisdiction, applicable law, arbitration and mediation), with particular reference to the relevant EU regulations and the developing case-law thereon Corruption and anti-corruption conventions, including the UK Bribery Act 2010 and developments relating to deferred prosecution agreements In addition to clarifying a range of topics through tables and diagrams, the book directs readers to relevant further reading and online resources throughout, offering students an accessible resource to this often challenging area of the law.
Book Synopsis Cases and Materials on the Carriage of Goods by Sea by : Anthony Rogers
Download or read book Cases and Materials on the Carriage of Goods by Sea written by Anthony Rogers and published by Routledge. This book was released on 2016-02-12 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases and Materials on the Carriage of Goods by Sea, fourth edition, offers tailored coverage of the most commonly taught topics on Carriage of Goods by Sea courses. Combining a collection of legislative materials, commentaries, scholarly articles, standard forms and up-to-date English case law, it covers the major areas of chartering and bills of lading as well as matters such as exclusion and limitation of liability. Significant innovations for this edition include: Materials on the Rotterdam and Hamburg Rules, and expanded discussion of the Hague Visby Rules and Charterparties Discussion of some of the most important decisions by the senior courts Pedagogical features such as end of chapter further reading Emphasis on how shipping law operates and is applied in the real world A clear, student-friendly text design with a strong emphasis on research and problem solving This up-to-date collection of materials relating to the carriage of goods by sea will be of value to students of law, researchers and legal practitioners.
Book Synopsis Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea by : Jonatan Echebarria Fernández
Download or read book Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea written by Jonatan Echebarria Fernández and published by Taylor & Francis. This book was released on 2021-03-09 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance. The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of ‘forum shopping’ when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel. This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers
Download or read book Maritime Law written by Yvonne Baatz and published by CRC Press. This book was released on 2014-10-24 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Bills of Lading by : Sir Richard Aikens
Download or read book Bills of Lading written by Sir Richard Aikens and published by Taylor & Francis. This book was released on 2020-12-23 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bills of lading form an essential part of the carriage of goods by sea and international trade. Their multi-functional nature, together with the large volume of case law and regulation, make the law in this field as complex as it is commercially vital. This bestselling book, now in its third edition, provides a detailed analysis of the law and practice applicable to bills of lading before, during, and after shipment, helping today’s busy practitioner to quickly and easily find the information they need. This book has been fully revised and updated with all the major developments, including: reference to increasingly important Singapore and Far-Eastern decisions; an analysis of modern developments in seaworthiness, from vetting and approval clauses to the topical issues of vulnerability and piracy attacks; detailed examination of misdelivery, fraudulent or forged bills of lading, and delivery without production of a bill of lading; revised coverage of conflicts and procedural matters, including anti-suit injunctions, jurisdiction battles, and the scope of arbitration; reference to relevant European law relating to issues of jurisdiction and procedure; comprehensive treatment of switch bills, transhipment, house bills, deck carriage, and container cargo; and new material on the practical implications of electronic bills of lading, and the implications of automated vessels. This text continues to provide an indispensable reference for maritime practitioners and institutions worldwide.
Book Synopsis Bills of Lading by : Nicholas Gaskell
Download or read book Bills of Lading written by Nicholas Gaskell and published by Routledge. This book was released on 2017-07-05 with total page 1086 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bills of Lading: Law and Contracts provides a detailed legal analysis of common standard form clauses in bills of lading (and waybills) which are in use in the maritime world, as well as a comprehensive examination of the legal principles which are applicable to them. Bills of Lading: Law and Contracts provides a detailed legal analysis of standard form clauses in bills of lading (and waybills) which are in use in the maritime world, as well as a comprehensive examination of the legal principles which are applicable to them.
Book Synopsis Principles of the Carriage of Goods by Sea by : Paul Todd
Download or read book Principles of the Carriage of Goods by Sea written by Paul Todd and published by Routledge. This book was released on 2015-10-05 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of the Carriage of Goods by Sea offers students studying this topic as part of their LLM or LLB course an accessible, comprehensive overview of the subject from a leading expert in the field. Written specifically with students in mind, concentrating on principles, and tailored to common law coverage, this title presents all the essential topics and is supported by the following useful pedagogy: Line Diagrams: illustrating the relationships between parties so that this may be understood at a glance; also where appropriate, time lines Case Studies: looking at topical matters such as piracy, and problematic areas of law such as reachable on arrival clauses and the carriage of bulk oil by sea Sample Problem Questions: problem questions and suggestions to help students to prepare for assessment Annotated appendices: concise appendix of the most important legislation and international conventions, with useful annotation from the author that explains these and puts them in context
Download or read book Time Charters written by Andrew Baker and published by CRC Press. This book was released on 2014-12-05 with total page 1035 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaimed as the standard reference work on the law relating to time charters, this new edition provides a comprehensive treatment of the subject, accessible and useful both to shipping lawyers and to shipowners, charterers, P&I Clubs and other insurers. It provides full coverage of both English and U.S. law, now updated with all the important decisions since the previous edition. The English decisions covered in the new edition include: The Kos (the Supreme Court on the effect of withdrawing a ship with cargo on board); The Athena (nature of off-hire; meaning of 'loss of time’/'time thereby lost'); The Kyla (damage to ship and frustration); The Silver Constellation, The Savina Caylyn and The Rowan (oil company approval of chartered ships); The Captain Stefanos, The Saldanha, The Triton Lark and The Paiwan Wisdom (effects of piracy); The Kildare and The Wren (damages for early termination); The T S Singapore (off-hire where ship going 'towards but not to' the port ordered), and The Lehmann Timber, The Bulk Chile and The Western Moscow (owners' liens) The new edition also features many significant new U.S. decisions, including: Stolt-Nielsen v. Animal Feeds Intl. (Supreme Court rules class-action arbitration not permitted unless parties agree in arbitration agreement); ATHOS I (Circuit Court finds that safe berth provision in charterparty is a warranty and not merely a due diligence obligation); The M/V SAMHO DREAM (arbitrators direct petitioner to post $14.2M security on respondent’s counterclaim) and Maroc Fruit Board v. M/V VINSON (CP arbitration clause incorporated in bill of lading not "signed" or "contained in an exchange of letters or telegrams" under NY Convention).
Download or read book Voyage Charters written by Julian Cooke and published by Taylor & Francis. This book was released on 2022-08-31 with total page 1606 pages. Available in PDF, EPUB and Kindle. Book excerpt: Widely regarded as the leading authority on voyage charters, this book is the most comprehensive and intellectually-rigorous analysis of the area, is regularly cited in court and by arbitrators, and is the go-to guide for drafting and disputing charterparty contracts. Voyage Charters provides the reader with a clause-by-clause analysis of the two major charterparty forms: the Gencon standard charterparty contract and the Asbatankvoy form. It also delivers thorough treatment of COGSA and the Hague and Hague-Visby Rules, a comparative analysis of English and United States law, and a detailed section on arbitration awards. This book is an indispensable, practical guide for both contentious and non-contentious shipping law practitioners, and postgraduate students studying this area of law.
Book Synopsis Bes' Chartering and Shipping Terms by : Norman J. Lopez
Download or read book Bes' Chartering and Shipping Terms written by Norman J. Lopez and published by . This book was released on 1992 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Obligations of the Carrier Regarding the Cargo by : Ilian Djadjev
Download or read book The Obligations of the Carrier Regarding the Cargo written by Ilian Djadjev and published by Springer. This book was released on 2017-08-22 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the legal and contractual obligations of sea carriers regarding due care for the cargo under a contract of carriage. While the general framework employed is the leading international liability regime, the Hague-Visby Rules, the discussions in each chapter also account for the possible future adoption of a new regime, the Rotterdam Rules. The subject matter concerns the standard for the duty of care for goods as codified in the Hague-Visby Rules, but the work also touches upon a wide range of related topics found both in law and in practice, providing valuable commercial, technical and historical links as well as various solutions that have been found at the national and international level to address challenges arising in this specialised area of law. The book is divided into six chapters, which gradually reveal the complexity of the topic. Chapter 1 provides a thorough introduction to the two main transport documents in use, and to the basic logic behind shipping, sea-going trade and related national and international legislation. In turn, Chapter 2 presents an overview of the relevant provisions of the Hague-Visby Rules. Chapters 3, 4 and 5 examine the problems arising out of the insertion of a FIOS(T) clause in the contract of carriage; the carriage of goods on deck; and the carriage of goods in containers, respectively. Lastly, Chapter 6 provides an overall conclusion on the legal status quo and current practice, as well as future prospects. The book was written with a number of potential readers in mind and is intended to open up the topic to a broader audience. It is suitable both for readers who wish to advance their learning (e.g. professionals, practitioners and postgraduates) and for readers with little or no prior knowledge of the topic (e.g. students and researchers).
Book Synopsis Rome Regulations by : Gralf-Peter Calliess
Download or read book Rome Regulations written by Gralf-Peter Calliess and published by Kluwer Law International B.V.. This book was released on 2020-08-10 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the European Union (EU) is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. This article-by-article commentary – now updated to its third edition – has become a cornerstone resource in handling European cases involving conflict of laws. The occasion for publishing a third edition is that several landmark judgments on the conflict of laws have been recently rendered both by the Court of Justice of the EU and by domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the conflict of laws. The effects of these major developments are reflected throughout the new edition’s extensively revised article-by-article commentary. The commentary, authored by leading scholars of conflict of laws and drawing on a wide spectrum of case law and scholarship, highlights, among much else, such long-term implications of the Rome Regulations as the following: principles of interpretation; limiting the effects of forum shopping; limiting the trade-restricting effects of the fragmentation of national private laws; ensuring the free movement of persons; enhancement of legal certainty and predictability; and potential solutions for an agreement-based Brexit. It provides black letter law as represented by the jurisprudence of the Court of Justice of the EU and the Member State courts, as well as the latest academic opinion. In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, the pressing question is no longer if the state has to grant access to justice in international situations but how that right can be implemented effectively. To this end, renowned conflict of laws scholars analyse every provision of the Regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers, and legal professionals in their day-to-day work.
Download or read book Shipping Law written by Simon Baughen and published by Taylor & Francis. This book was released on 2023-06-27 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this indispensable textbook, Simon Baughen expertly covers the whole spectrum of English shipping law, placing the highly specialised rules of shipping in a commercial context and relating them to the general principles of contract and tort law. The 8th edition is brought fully up to date, covering all the relevant legal implications following on from Brexit. In-depth commentary on judicial decisions and well-balanced coverage and analysis of recent and key cases provide an up-to-date reference for students on shipping law courses. All key topics are comprehensively covered, including bills of lading, charterparties, salvage, marine pollution, jurisdiction, choice of law, arbitration, and accidents and collisions. Continuing significant and noteworthy developments in shipping law are explored in this new edition, such as the introduction into the House of Lords in October 2022 of the Electronic Trade Documents Bill. The field of international conventions has also seen several changes since the previous edition. Shipping Law provides an invaluable source of reference, both for students and those in practice. The book’s accessible narrative and useful glossary of key terms will especially benefit students new to shipping law or from non-law backgrounds.
Book Synopsis Shipping and Commercial Case Law by : Albert Badia
Download or read book Shipping and Commercial Case Law written by Albert Badia and published by MARGE BOOKS. This book was released on 2021-03 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 250 leading cases of the High Courts of England and the European Court of Justice. This book contains summaries of 250 cases related to international trade and carriage of goods by sea. Each case is presented with an abstract of the factual background and the key findings of the court. All the cases relate to disputes decided by the High Courts of England or by the European Court of Justice, the knowledge of which is a must for any practitioner in this area. The issues referred to in the cases relate to contracts of carriage on bills of lading, waybills and charterparties, as well as to international trade instruments like sale contracts, letters of credit, performance bonds, indemnities and agency. There is also wide reference to ship arrests, limitation of liability, injunctions, choice of law, arbitration and jurisdiction. Full consideration is given to the Hague-Visby Rules, the Carriage of Goods by Sea Act, the Sale of Goods Act, Incoterms and UCP for Documentary Credits. Albert Badia is a practicing solicitor in England and Wales. He has acted as Counsel in many disputes and has been appointed as arbitrator in commercial matters.
