The Evolving Law And Practice Of Voyage Charterparties
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The Evolving Law and Practice of Voyage Charterparties by Rhidian Thomas Pdf
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.
Charterparties by Barış Soyer,Andrew Tettenborn Pdf
This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 12th International Colloquium at Swansea Law School in September 2016. 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 charterparties. The book is set out in three parts. -Part I offers a detailed and critical analysis of issues of contemporary importance concerning time charters. -Part 2 carries out a similar analysis with regard to voyage charterparties. -Part 3 deliberates issues common to both type of charterparties. Offering critical analysis of contemporary legal issues on charterparty contracts, this book considers recent legal and practical developments and is therefore essential reading for both professional and academic readers with an interest in charterparties.
Theory, Law and Practice of Maritime Arbitration by Eva Litina Pdf
Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.
Voyage Charters by Julian Cooke,Tim Young,Michael Ashcroft,Andrew Taylor,John Kimball,David Martowski,LeRoy Lambert,Michael Sturley Pdf
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. Key features of the fourth edition: The only textbook to deal specifically with this key area of maritime law Written by an impressive team of highly-regarded maritime authorities from both sides of the Atlantic Contains a wealth of updated English and American case law and arbitrations, as well as addressing broader issues such as Rome II Regulation Convention regarding the conflict of laws Practical user-friendly guide, which is accessible not only to lawyers but also shipping professionals A new, detailed United States law section on COGSA This book is an indispensable, practical guide for both contentious and non-contentious shipping law practitioners, and postgraduate students studying this area of law.
Allocation of Liability for Dangerous Goods under International Trade Law by Ahmet Gelgeç Pdf
This book explores the allocation of risk and liability of dangerous goods between the seller and the buyer under CIF (Cost, Insurance and Freight) and FOB (Free on Board) contracts, providing an in-depth study of the issue of carriage of dangerous goods in the context of international trade law. In addition to offering specific solutions to issues arising in the context of the contract of sale, the book provides a non-contractual angle, putting forward suggestions under non-contractual mechanisms. Importantly, the book incorporates case law examples from the Commonwealth and the US. Dangerous goods that are carried by sea can cause potential risks of losses and damages to the vessel, other cargoes and lives on board. The allocation of liability arising out of the carriage of dangerous goods has recently attracted unwelcome attention because of mis–declared cargoes leading to fires on board ships. Thus the book fills a gap in the literature by addressing the issue in detail with examples from multiple jurisdictions, and proposing solutions. In particular, the book analyses whether and to what extent the law of international sale of goods can provide any assistance in the re-allocation of liability between the buyer and the seller. This book will be of great interest to all those involved in the research as well as legal practice of international trade law and the law of carriage of goods by sea.
The International Law of the Shipmaster by John A. C. Cartner,Richard Fiske,Tara Leiter Pdf
A comprehensive review of the laws and regulations governing the shipmaster including customary law, case law, statutory law, treaty law and regulatory law, covering: • A brief history of the shipmaster • Manning and crewing requirements in relation to vessel registration • Comparison of regimes of law of agency for shipmasters and crews across jurisdictions • Examination of shipmaster liability (civil and criminal)
Risk and Liability in Air Law by George Leloudas Pdf
This book is the first attempt to analyse the relevant international conventions governing the liability of airlines to passengers and third parties on the ground from a risk perspective. The book analyses the transformation of the notion of risk over time and identifies the ways and the extent to which social perceptions have influenced the liability of airlines in the aftermath of safety accidents (Warsaw Convention System, Montreal Convention, Rome Convention, and New General Risks Convention) and terrorism related incidents (New Unlawful Interference Convention).
John Livermore’s succinct monograph provides a useful overview of Australian transport law, as of July 2017...This is a readable and useful publication which provides a good summary of Australian transport law. Simon Baughen, Professor of Shipping Law, Swansea University /Artho Cyraith Llongau. Extract from full review of the 3rdedition in Journal of International Maritime Law, January 2020 Transport Law in Australia is a clear and well researched resource covering all modes of transport. It should be the first port of call for logistic professionals, transport lawyers and students when seeking to understand the legalities of transport in Australia. Russell Wiesse, Director CTG Law This updated edition of Transport Law in Australia describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries. The scope of the book is broad in that it encompasses maritime, road, rail, air, and multimodal transport law. Almost half the book is devoted to maritime and shipping law which, for an island nation with over 95% of its international trade carried by sea, is as important as it is unsurprising. Whilst works of this nature have the potential to be a ‘dry’ read, in this case the author has taken an approach which makes the book eminently readable and usable. The text is well supported by in-depth research and enhanced with comprehensive referencing, footnotes, tables of cases and statutes, as well as a selected bibliography. With Australian society and the economy vitally dependent on all modes of transport this book will be a valuable addition for many in the transport community. This includes transport operators, shippers and freight forwarders, transport regulators and lawyers, as well as academics, researchers and students engaged in the study of transport. The author’s practical and masterful approach to the subject should go a long way to ensuring the success of Transport Law in Australia as well as being a valuable addition to the body of literature on this important topic. Barrie Lewarn, Professor, Australian Maritime College, National Centre for Ports and Shipping, University of Tasmania Review of the 2nd edition of Transport Law in Australia
Transport Documents in Carriage Of Goods by Sea by Časlav Pejović Pdf
Bringing a fresh, comparative approach to transport documents used in the carriage of goods by sea, this book covers bills of lading, sea waybills, ship’s delivery orders, multimodal transport documents, and electronic transport documents. The book covers historic developments, current conventions, and thoughts for the future on these transport documents; and delves deeply into the legal issues concerning them. It represents a comprehensive compilation of case and statute law from around the world on this subject. In addition to English law, the book covers American, French, German, and Italian laws, as well as the laws of several East Asian jurisdictions (China, Japan, South Korea). Primarily, the book will be of use to maritime law scholars and students, and lawyers who deal with shipping. It may also be of interest to international traders, banks, and ship masters and officers.
Law of Yachts & Yachting by Richard Coles,Filippo Lorenzon Pdf
The book is the first comprehensive treatise on the law relating to yachts and provides its readers with a thorough analysis of maritime law as relevant to the superyacht sector. Written by a team of leading yachting practitioners and researchers, it covers the legal issues arising during the life of a yacht. The book is written for the legal practitioner, yacht-broker and manager concerned with the operation of professionally crewed yachts including financing, registration, chartering, insurance, compliance and casualty management. Key Features - •This is the first and only practitioners’ book on the area •It covers all major aspects of yachting law in a single book •The Law of Yachts and Yachting is highly comprehensive - despite its main focus on contract and tort law, it contains references to public law and international law and practice •References to case law, English, foreign and international •Appendices containing essential source materials
The Rotterdam Rules by Yvonne Baatz,Charles Debattista,Filippo Lorenzon,Andrew Serdy,Hilton Staniland,Michael Tsimplis Pdf
The Rotterdam Rules represent the most comprehensive overhaul of the law of carriage of goods by sea in more than fifty years. To coincide with the signing ceremony, six members of the Institute of Maritime Law have written a detailed commentary on the Rules. The Rotterdam Rules: A Practical Annotation examines the text of the Rules, all ninety-six articles of the new Convention, and compares them to the text of the Hague-Visby Rules, the instrument currently covering most bills of lading. The authors have also examined the judgments in cases decided in the English Courts under the Carriage of Goods by Sea Acts of 1971 and 1992 and have indicated whether these cases would be decided differently under the new Rotterdam Rules.
Contracts of Carriage by Air by Malcolm A. Clarke Pdf
Contracts of Carriage by Air, Second Edition contains annotated analysis of the provisions of the international conventions governing the carriage of goods and passengers by air. This book provides you with practical advice and brings you: • An overall view of the two liability regimes, followed by a short history of the Warsaw Convention in its various versions and what led to agreement on a single regime, the Montreal Convention, as well as the threat to uniformity posed by EC Directives. • A statement of the rules of interpretation applicable to conventions of uniform law, illustrated mainly by decisions of the air conventions. • Commentary on the text of the 1999 Montreal Convention together with commentary on the text of the 1967 Warsaw Convention. • Reference to decisions of the courts not only of the UK but also those of other common law countries, notably the USA, and countries of civil law, notably France and Germany.
The need for specific legal arrangements governing ships in distress and places of refuge is one of the most topical problems in both public and private maritime law. The headline grabbing shipping disasters involving the loss of the Erika (1999) and the Prestige (2002) attracted the attention of the IMO, the Comité Maritime International, the European Union, national maritime authorities around the globe and the maritime industry in general. Ultimately the impact of pollution on local economies and the environment was enough to arouse the concern of a broad swathe of public opinion. Places of Refuge provides clarity on: • The scope of the right of access • The conditions under which coastal authorities may deny access • The liability of authorities granting or denying access • The basis and the conditions of financial securities • The obligation to establish contingency plans
The main focus of this book is the impact of maritime fraud on contracts for sale and carriage, documentary credits and marine insurance. It covers all varieties of maritime fraud, from the most serious downwards, describing the methods employed and the risks to traders and carriers. At the serious end of the spectrum, pirates capture an entire ship, often murdering the entire crew, in order to sell the cargo (to which of course they have no title), later to use the “innocent” ship to pose as innocent traders. Less serious (but perhaps of greater interest to lawyers) are misdescriptions of cargo in, or backdating of, bills of lading, and other deceptions, usually practised on purchasers and banks.
International Carriage of Goods by Road: CMR by Anonim Pdf
This key text analyses the international carriage of goods by road under the provisions of the CMR Convention. The updates in the fifth edition include: In Part I on CMR: • Cases on CMR in England • New cases in the higher courts other countries, notably Austria, France, Germany and Holland, many concerned with theft and ‘wilful misconduct’ • Advent of the Rotterdam Rules 2009 and their impact inland on CMR • Electronic consignment notes In Part II on English Domestic Law: Developments in the law of obligations affecting contracts of carriage: • Negligence • Conversion • Contract construction • Good faith • Vicarious liability