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Author: Sir Richard Aikens
Publisher: CRC Press
ISBN: 1317613457
Category : Law
Languages : en
Pages : 865
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Book Description
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 is it is commercially vital. This bestselling book 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 of the major developments since its first edition, 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 Switched bills, transhipment, house bills, deck carriage and container cargo New material on the practical implications of electronic bills of lading This text continues to provide an indispensable reference for maritime practitioners and institutions worldwide.
Author: Sir Richard Aikens
Publisher: CRC Press
ISBN: 1317613457
Category : Law
Languages : en
Pages : 865
Get Book Here
Book Description
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 is it is commercially vital. This bestselling book 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 of the major developments since its first edition, 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 Switched bills, transhipment, house bills, deck carriage and container cargo New material on the practical implications of electronic bills of lading This text continues to provide an indispensable reference for maritime practitioners and institutions worldwide.
Author: Frank Stevens
Publisher: Routledge
ISBN: 1351214209
Category : Business & Economics
Languages : en
Pages : 238
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Book Description
The carriage of goods by sea starts off with a contract of carriage, an essentially simple and straightforward contract between two parties, the shipper and the carrier. Very often, however, a bill of lading is issued and a third party appears on the scene: the holder of the bill of lading. The holder was not involved in the making of the contract of carriage, but does have rights, and possibly obligations, against the carrier at destination. The question then is how the third-party holder of the bill acquires those rights and obligations. Analysing the different theories that have been proposed to explain the position of the third party holder, this book makes a distinction between contractual theories and non-contractual theories to explain the holder's position. Contractual theories build on the initial contract of carriage and apply contract law mechanisms while non-contractual theories construe the position of the third-party holder independently. Following the analysis and appraisal of the different theories, this book makes the case that the position of the third-party holder of the bill of lading is not obvious or self-evident; and submits that a statutory approach to the position of the holder of the bill of lading has advantages and would be preferable.
Author: Anders Møllmann
Publisher: Routledge
ISBN: 1134890079
Category : Business & Economics
Languages : en
Pages : 240
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Book Description
Probably the core characteristic of a bill of lading is that the original bill of lading must be presented at the port of destination for a consignee to be entitled to delivery of the goods and for the carrier to get a good discharge of its delivery obligation by delivering the goods to said consignee. This notion is accepted virtually worldwide, but the more precise content of the "presentation rule" differs from jurisdiction to jurisdiction. Furthermore, and of importance, the legal basis establishing the "presentation rule" differs. With the technological advances in maritime transport as well as in communications technology and the emergence of more complicated trading patterns, a system where a specific tangible piece of paper issued at the port of loading has to be presented at the port of discharge to obtain delivery of the goods seems almost archaic and can obviously create problems. Thus, in practice very often – especially in some trades such as the oil trade – the bill of lading is not available at the port of discharge when the ship is ready to deliver the cargo. The book will first analyse the "presentation rule", its finer contents and its legal basis. It will then go on with (legal) analyses of three developments and responses to the problems that the bill of lading system gives rise to in practice, viz. the commercial, the international legislature’s, and the technological response. The commercial response analysed here consists of contractual exemption or limitation clauses in the bill of lading set up as a defence against claims for misdelivery. The international legislature’s response denotes the adoption of the Rotterdam Rules which as the first international convention on carriage of goods by sea includes elaborate rules on delivery of the goods. Finally, the technological response denotes the possibility of using electronic (equivalents of) bills of lading. The analyses will include a comparative approach examining both English and Scandinavian law to elucidate the issues with greater clarity.
Author: G. H. Treitel
Publisher: Sweet & Maxwell
ISBN: 0414048520
Category : Business & Economics
Languages : en
Pages : 1011
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Book Description
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."
Author: Alan Mitchelhill
Publisher: Springer
ISBN: 1489972366
Category : Science
Languages : en
Pages : 179
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Book Description
Author: Nicholas Gaskell
Publisher: Routledge
ISBN: 1351573829
Category : Law
Languages : en
Pages : 926
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Book Description
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.
Author: Michael D. Bools
Publisher:
ISBN:
Category : Bills of lading
Languages : en
Pages : 330
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Book Description
This maritime law text provides a detailed examination of a complex and crucial aspect of the ocean bill of lading - its fundamental role in transferring property, title, the rights of suit, liabilities, rights to delivery and legal possession.
Author: Paul Todd
Publisher: Taylor & Francis
ISBN: 1135135819
Category : Law
Languages : en
Pages : 566
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Book Description
Bills of Lading and Bankers’ Documentary Credits provides a straightforward guide to the nuances and complexities of deals conducted under the documentary credit system. The book describes in detail the law applicable to and the practical workings of bankers' documentary credits as they are used in international sales and carriage of goods contracts in a way that is accessible to both lawyers and to businessmen who have to use these contracts on a day-to-day basis. In its fourth edition, Bills of Lading and Bankers’ Documentary Credits has been completely updated to take account of recent case law and developments including the UCP 600 as well as progress in electronic and other documentation since the last edition.
Author: Andrew Hutchison
Publisher: Edward Elgar Publishing
ISBN: 178897106X
Category : Law
Languages : en
Pages : 363
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Book Description
This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.
Author: Melis Özdel
Publisher: Bloomsbury Publishing
ISBN: 1782256113
Category : Law
Languages : en
Pages : 250
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Book Description
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.
