Delivery Of Cargo Without Presentation Of Bills Of Lading

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Delivery of Goods under Bills of Lading

Author : Anders Møllmann
Publisher : Routledge
Page : 240 pages
File Size : 48,7 Mb
Release : 2016-12-01
Category : Business & Economics
ISBN : 9781134890071

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Delivery of Goods under Bills of Lading by Anders Møllmann Pdf

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.

Bills of Lading

Author : Sir Richard Aikens,Richard Lord QC,Michael Bools QC,Michael Bolding,Kian Sing Toh SC
Publisher : Taylor & Francis
Page : 740 pages
File Size : 41,7 Mb
Release : 2020-12-23
Category : Law
ISBN : 9780429651748

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Bills of Lading by Sir Richard Aikens,Richard Lord QC,Michael Bools QC,Michael Bolding,Kian Sing Toh SC Pdf

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.

P&I Clubs: Law and Practice

Author : David Semark
Publisher : Taylor & Francis
Page : 521 pages
File Size : 40,6 Mb
Release : 2013-05-02
Category : Law
ISBN : 9781135117757

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P&I Clubs: Law and Practice by David Semark Pdf

This fourth edition is a detailed but easy-to-follow account of the constitution, workings and daily practice of protection and indemnity clubs. Designed to be a practical reference source for anyone who is in any way involved with mutual insurance, it offers comprehensive guidance on the complex area of P&I Clubs. The new fourth edition has been fully revised and updated since the last edition was written in 1999. New areas emphasised in the fourth edition include: • Piracy • Charterers’ liability insurance • Defence Cover • Disputes concerning the Inter-Club Agreement • Enforceability of arbitration agreements in the Club’s Rules. • The Club’s obligation to (i) make direct payments under certificates, (ii) pay death/ personal injury claims in the event of a member’s insolvency, and (iii) make indivisible personal injury claims.

International Trade and Carriage of Goods

Author : Baris Soyer,Andrew Tettenborn
Publisher : CRC Press
Page : 450 pages
File Size : 51,6 Mb
Release : 2016-07-22
Category : Law
ISBN : 9781317290476

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International Trade and Carriage of Goods by Baris Soyer,Andrew Tettenborn Pdf

This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 11th International Colloquium, held at Swansea Law School in September 2015. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding international sale and carriage contracts. The book is set out in three parts: Part I offers a detailed and critical analysis on emerging issues and unresolved questions in international sales and the carriage contracts affected to facilitate such sales. Part II critically and thoroughly analyses the legal issues that often arise in the context of security over goods, letters of credit and similar documents. Part III is dedicated to a critical and up-to-date discussion on matters concerning cargo insurance in this context. With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in international trade and carriage of goods.

A Practical Guide to Bills of Lading

Author : C. F. Powers
Publisher : Dobbs Ferry, N.Y. : Oceana Publications
Page : 304 pages
File Size : 51,6 Mb
Release : 1966
Category : Bills of lading
ISBN : UCAL:B4308199

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A Practical Guide to Bills of Lading by C. F. Powers Pdf

Maritime Letters of Indemnity

Author : Felipe Arizon,David Semark
Publisher : CRC Press
Page : 333 pages
File Size : 46,8 Mb
Release : 2014-05-23
Category : Law
ISBN : 9781317915799

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Maritime Letters of Indemnity by Felipe Arizon,David Semark Pdf

This unique new title provides expert, hands-on advice as to the law and practice of the maritime letter of indemnity. Detailing the variety of implications that can arise from each type of letter, the authors bring this important and litigious subject to the fore with a view to reducing the commercial and legal risks involved in this core area of shipping and international trade. Key features of this title include detailed legal analysis of: The history of indemnity contracts and letters of indemnity Shipping and international trade contexts where letters of indemnity are used GAFTA sale contract forms and standard letter of indemnity P&I Clubs forms The enforceability of maritime letters of indemnity The rights and liabilities for sellers, buyers, banks and ship owners which arise from the use of letters of indemnity The impact on the system based on the use of bills of lading and on electronic bills of lading Policy issues arising from the use of letters of indemnity in practice and of the practicalities of litigation involving letters of indemnity. As the only text currently on the market covering maritime letters of indemnity in such detail, this book will be an indispensable guide for maritime lawyers, professionals and academics alike, as well as shipowners, charterers, commodity traders and trade finance professionals

Maritime Law

Author : Christopher Hill,Yash Kulkarni
Publisher : Taylor & Francis
Page : 794 pages
File Size : 40,5 Mb
Release : 2017-09-25
Category : Law
ISBN : 9781351559140

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Maritime Law by Christopher Hill,Yash Kulkarni Pdf

Maritime Law is an exhaustive introduction to this complex area of law. The book is ideal for newcomers and experienced professionals requiring an update on the general principles and case law. • Charterparties chapter • Passengers chapter • Salvage – includes developments in case law and introduction of new Lloyd’s Open Form Salvage Agreement • Sale of ship and shipbuilding contracts • Collisions • Oil pollution – Convention on bunker spills

Time Charters

Author : Terence Coghlin,Terrence Coghlin,Andrew Baker,Julian Kenny,John Kimball,Tom Belknap
Publisher : CRC Press
Page : 928 pages
File Size : 55,6 Mb
Release : 2014-12-05
Category : Law
ISBN : 9781317746218

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Time Charters by Terence Coghlin,Terrence Coghlin,Andrew Baker,Julian Kenny,John Kimball,Tom Belknap Pdf

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).

Marketing and Management Sciences

Author : Damianos P. Sakas,Nikolaos Konstantopoulos
Publisher : World Scientific
Page : 640 pages
File Size : 54,8 Mb
Release : 2010
Category : Business & Economics
ISBN : 9781848165090

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Marketing and Management Sciences by Damianos P. Sakas,Nikolaos Konstantopoulos Pdf

This book is a collection of selected papers presented at the International Conference of Marketing and Management Sciences held from 23 to 25 May 2008 in Athens, Greece. The papers focus on how globalization has had significant impact on companies, societies and individuals alike. They discuss the need for new strategies and practices that can help cope with changes that arise due to globalization. Written in a simple manner, this book will be of interest to academics studying and teaching marketing and management courses and to managers dealing with strategies to cope with changes due to globalization.

Delivery of Tanker Cargoes Without Presentation of Bills of Lading

Author : Per Gram,INTERTANKO. Documentary Committee,European Study Conferences Limited
Publisher : Unknown
Page : 15 pages
File Size : 43,5 Mb
Release : 1983
Category : Bills of lading
ISBN : OCLC:11655017

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Delivery of Tanker Cargoes Without Presentation of Bills of Lading by Per Gram,INTERTANKO. Documentary Committee,European Study Conferences Limited Pdf

Delivery of Goods under Bills of Lading

Author : Anders Møllmann
Publisher : Taylor & Francis
Page : 216 pages
File Size : 48,8 Mb
Release : 2016-12-01
Category : Business & Economics
ISBN : 9781134890002

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Delivery of Goods under Bills of Lading by Anders Møllmann Pdf

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.

Time Charters

Author : Terrence Coghlin,Andrew Baker,Julian Kenny,John Kimball
Publisher : CRC Press
Page : 969 pages
File Size : 53,7 Mb
Release : 2014-04-03
Category : Law
ISBN : 9781317740780

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Time Charters by Terrence Coghlin,Andrew Baker,Julian Kenny,John Kimball Pdf

Time Charters is recognised as the most comprehensive reference work in its field. The book has been updated to include new developments that affect the law and practice of time charters. Maintaining the clear and logical format adopted in the previous editions, Time Charters provides access to the case law to enable users to find, easily and quickly, leading authorities on any particular question that might arise. There are also separate sections dealing with the Baltime Form and the STB Form of Tanker Time Charter.