Bills Of Lading Incorporating Charterparties
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| Author | : Melis Özdel |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 250 |
| Release | : 2015-01-22 |
| Genre | : Law |
| ISBN | : 1782256113 |
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.
| Author | : Evi Plomaritou |
| Publisher | : Taylor & Francis |
| Total Pages | : 738 |
| Release | : 2017-12-12 |
| Genre | : Law |
| ISBN | : 1317424646 |
Now in its eighth edition, this classic text is a first point of reference for anyone looking to obtain an understanding of chartering and shipbroking practice. It provides hands-on, commercially-focused explanations of chartering business and invaluable advice on how the shipping market operates across a broad range of topics. The authors also deal expertly with the legal, financial, operational and managerial aspects of chartering, offering numerous case studies which clearly link theory to practice. This new edition has been fully revised and updated to reflect the current trends in chartering practice, legal developments and standard forms of charterparties. New to this edition: Enriched with practical examples covering crucial aspects of chartering and shipbroking business, such as voyage estimations, freight conversions and tanker calculations. New material on day-to-day laytime principles, including "Laytime Definitions for Charterparties 2013", associated commentary and relevant examples. Shipping Marketing as a modern tool of improving chartering and shipbroking business. Expanded coverage of the economic background of chartering, including markets, vessels, cargoes, trades and fixtures. Freight rates for all vessel types from 1980 to 2015. Updated review of well-known standard charterparty documents (including NYPE 2015), together with clauses and wordings commonly applying to various charter types. Analytical glossary containing typical terms and abbreviations used in chartering negotiations. This book is an essential guide for practitioners in private practice and in-house for shipowners and cargo houses, as well as those studying shipbroking and chartering.
| Author | : Proshanto K. Mukherjee |
| Publisher | : Springer Nature |
| Total Pages | : 796 |
| Release | : 2020-01-23 |
| Genre | : Law |
| ISBN | : 3030317498 |
This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects. The public law topics addressed include public international law and law of the sea, while a variety of private law topics are explored, e.g. commercial maritime law, conflict of laws, and new developments in the application of advanced technologies to maritime law issues. In addition, the book highlights current and topical discussions at international maritime forums such as the International Maritime Organization on regulatory and private law matters within the domain of marine environmental law, the law respecting seafarers’ affairs and maritime pedagogics, maritime security, comparative law in the maritime field, trade law, recent case law analysis, taxation law in the maritime context, maritime arbitration, carriage of passengers, port law, and limitation of liability.
| Author | : Arun Kasi |
| Publisher | : Springer Nature |
| Total Pages | : 644 |
| Release | : 2021-09-01 |
| Genre | : Law |
| ISBN | : 9813367938 |
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.
| Author | : Nicholas Kouladis |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 346 |
| Release | : 2006-01-11 |
| Genre | : Business & Economics |
| ISBN | : 9780387303864 |
The law of international trade raises questions of great intellectual depth. In Principles of Law Relating to International Trade, the author draws from his practical and teaching experience to give a comprehensive introduction to the key areas of law that apply in international business. For the benefit of readers unfamiliar with the English legal system and the many associated branches of English civil law, the book includes a brief introduction to, among other topics, constitutional, criminal, and employment law. The branches of law directly related to international trade, such as contract, insurance, competition, carriage of goods, and sale of goods, are concisely covered in the main text. Case studies and examples are used to clarify the issues for the non-specialist, making international trade law accessible to those taking professional examinations in this field, as well as business executives. The extensive use of footnotes and inclusion of case commentaries bring into clearer focus the many facets of this complicated subject and would be of benefit to the international trade law specialist.
| Author | : Ilian Djadjev |
| Publisher | : Springer |
| Total Pages | : 343 |
| Release | : 2017-08-22 |
| Genre | : Law |
| ISBN | : 3319624407 |
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 | : Melis Özdel |
| Publisher | : |
| Total Pages | : 211 |
| Release | : 2015 |
| Genre | : Bills of lading |
| ISBN | : 9781849469227 |
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.
| Author | : Yvonne Baatz |
| Publisher | : CRC Press |
| Total Pages | : 635 |
| Release | : 2014-10-24 |
| Genre | : Law |
| ISBN | : 131761688X |
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.
| Author | : Asli Arda |
| Publisher | : Taylor & Francis |
| Total Pages | : 323 |
| Release | : 2023-07-18 |
| Genre | : Law |
| ISBN | : 1000899772 |
This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties. This book will be directly of interest to lawyers and professionals in arbitration, reinsurance, construction, and shipping, as well as to relevant academic courses.
| Author | : ... Ademuni-Odeke |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 684 |
| Release | : 1998 |
| Genre | : Law |
| ISBN | : 9789041105134 |
This exhaustive book deals with the most important phenomenon in the evolution and development of international ship registration: organisation and management. Bareboat charters, a system of leasing in which a person takes over a vessel for a limited time in return for a payment to the shipowner, have become especially popular in the 1980s and 1990s. Yet only the odd article or pamphlet has emerged in this vital area; no comparable publication exists. The uncertainties in this area demand a practical resource. National legislation is not synchronised. The distinction between bareboat charters and flags of convenience remains unclear. These blurred lines and others can have dramatic results, leaving ship mortgages unprotected and threatening the vessel's hull policy. "Bareboat Charter (Ship) Registration" not only places the subject in the context of international law and trade relations, it also sets out the country-by-country practice of all nations offering bareboat charter registration service and examines the determination of the bareboat flag. Tables of cases, conventions, and legislation and an appendix of useful addresses add to the practicality of this book. It is therefore a comprehensive, easy-to-follow resource for academics - including maritime organisations and schools, economists, and researchers - as well as an invaluable guide for practitioners - such as maritime administrations, shipowners and managers, insurers and brokers, arbitrators, and classification societies.
