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Author: Robert Springall Publisher: ISBN: 9780646470955 Category : Bills of lading Languages : en Pages : 0
Book Description
"This 120 page book examines many of the common problems encountered by shipowners and cargo interests in the course of international trade, including the endorsement of bills of lading in respect of the date of shipment, carriage temperature and pre-load damage, the use of letters of indemnity, deck stowage, and the distinction between nominate and "to order" bills. Rob Springall is one of Australia's leading maritime lawyers. He writes in a practical, non-legalistic style in reviewing the typical problems arising in practice and then offers assistance and guidance as to how they can be overcome."
Author: Robert Springall Publisher: ISBN: 9780646470955 Category : Bills of lading Languages : en Pages : 0
Book Description
"This 120 page book examines many of the common problems encountered by shipowners and cargo interests in the course of international trade, including the endorsement of bills of lading in respect of the date of shipment, carriage temperature and pre-load damage, the use of letters of indemnity, deck stowage, and the distinction between nominate and "to order" bills. Rob Springall is one of Australia's leading maritime lawyers. He writes in a practical, non-legalistic style in reviewing the typical problems arising in practice and then offers assistance and guidance as to how they can be overcome."
Author: Sir Richard Aikens Publisher: CRC Press ISBN: 1317613457 Category : Law Languages : en Pages : 865
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: Charles Debattista Publisher: Bloomsbury Professional ISBN: 9781845923150 Category : Bills of lading Languages : en Pages : 0
Book Description
concise, well-argued answers...extremely useful addition to the armoury of practitioner and academic alike... Cambridge Law Journal The new third edition of Professor Charles Debattista's well-respected book takes a unique look at the sale of goods carried by sea under bills of lading It looks at the document as an instrument of international trade, concentrating on the different things that sellers, buyers and banks want out of bills of lading. It also looks at the practical and legal problems which arise when the sale, carriage and letter of credit contracts do not agree on what the bill of lading should look like Fundamental developments covered Since the last edition several cases have come to the English courts re-examining fundamental practical problems with bills of lading- * Must a straight bill of lading be presented for delivery of goods> * When can a carrier clause a bill Does the letter of credit help in identifying the carrier under a bill of lading? These questions lie at the centre of the sometimes difficult connections between the contracts of sale, carriage and letter of credit No shipping or international trade practitioner should be without a copy of this book Important changes since the last edition * The UCP600 and the ensuing change of rules regulating the tender of shipping documents under letters of credit * The Starsin 2003 1 Lloyd's Rep 571 on identity of the carrier and the link with letters of credit * The Rafaela S 2005 Lloyd's Rep 347 on what is a document of title * Scottish & Newcastle v Ghalanos 2008 UKHL11 on the nature of an fob contract * The Ythan 2006 1 Lloyd's Rep 457 on the liability of a receiver of goods towards the carrier * Incoterms 2000 Rules of practice regarding international sales, revising the 1990 version * Uniform Customs and Practice for Documentary Credits (UCP600)
Author: Sir Richard Aikens Publisher: Taylor & Francis ISBN: 0429651740 Category : Law Languages : en Pages : 740
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 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.
Author: Anders Møllmann Publisher: Taylor & Francis ISBN: 1134890001 Category : Business & Economics Languages : en Pages : 230
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: John F. Wilson Publisher: Pearson Education ISBN: 9780582823006 Category : Business & Economics Languages : en Pages : 580
Book Description
"Carriage of Goods by Sea is the definitive textbook on this important area of international trade law and is suitable for both undergraduate and postgraduate students. Written by an expert in the field, it provides an authoritative, in-depth and critical survey of all aspects of the law relating to carriage of goods by sea. The book successfully combines a clear analysis of legal principles with sound practical considerations, allowing for a more complete treatment of the subject."--BOOK JACKET.
Author: Ilian Djadjev Publisher: Springer ISBN: 3319624407 Category : Law Languages : en Pages : 343
Book Description
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).
Author: Charles Debattista Publisher: Bloomsbury Professional ISBN: 9781780438429 Category : Law Languages : en Pages : 400
Book Description
Bills of Lading in Export Trade provides a clear understanding of the complex connections between the contracts of sale, carriage and letter of credit. Split in three parts covering (i) documentary control over the goods, (ii) risk, title to sue and property and (iii) tender of an applicable bill of lading. This title looks at the bills of lading document as an instrument of international trade, and concentrates on the different things that sellers, buyers and banks want out of bills of lading. It also considers the practical and legal problems which can arise when the sale, carriage and letter of credit contracts do not agree on what the bill of lading should look like. Fully revised and updated the new edition covers recent cases that have had a fundamental impact on international trade law such as The Saga Explorer (2013), Caresse Navigation Ltd v Zurich Assurances Maroc and Others (The Channel Ranger) (2014), and The Erin Schulte (2013). In addition there is new material on the relationship between the physical and documentary duties on sellers in CIF and FOB sales; the relationship between the opening of a letter of credit and the existence of a sale contract; who is a lawful holder of a bill of lading for the purposes of establishing a buyer's title to sue; time of shipment being of the essence; the court's task in construing poorly drafted international sale contracts; and the effect of certificate final clauses.
Author: Robert Springall
Author: Robert Springall
Author: Sir Richard Aikens
Author: T. Kochu Thommen
Author: Charles Debattista
Author: Sir Richard Aikens
Author: Anders Møllmann
Author: John F. Wilson
Author: Ilian Djadjev
Author: Alan Mitchelhill
Author: Charles Debattista