Carver On Bills Of Lading

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."

The main thrust of this volume is the use of electronic bills of lading in lieu of the traditional documents. The advantages of electronic bills of lading are many, including lower cost, higher efficiency, improved security, and speedier delivery of goods at the end of the voyage (the collection of reports focus upon bills of lading for the international carriage of goods by sea). According to the contributors, the use of electronic bills of lading is, essentially, a business rather than a legal decision. The law may provide the legal framework for the function of electronic bills of lading in the same way and with the same effects as the traditional bills of lading. However, business interests will eventually determine whether the availability of, and the economic incentives for, the use of the electronic bills of lading outweigh concerns for privacy and the safeguarding of trade secrets, for accuracy of information, and for security transactions and acquisition. Such concerns call for technological rather than legal solutions. This book ahould appeal primarily to practitioners who are interested in economics and commerce.

Debattista on Bills of Lading in Commodity Trade provides not so much a linear road-map as a GPS system, allowing the reader to locate which aspect of the bill of lading is central to the dispute they are dealing with and evaluating that aspect from the perspective of each of: (1) the contract of sale; (2) carriage contract and (3) letter of credit. The title examines questions such as: How can a buyer ensure in their sale contract that the bill of lading the buyer receives from the seller gives them secure title to sue the carrier? What impact does the choice of a particular Incoterms rule have on whom the carrier can sue under the contract of carriage? Where there is a claim by a buyer/cargo-claimant for loss, damage or delay to goods, must they factor any gains or benefits made under the sale contract claim/settlement into the quantum claimed in the cargo-claim against the carrier? What is a 'charterparty bill of lading' - and can it be tendered under a letter of credit? When and why might a seller need to “switch” bills of lading for its buyer or its bank - and does the seller have a right to demand the switching of bills under the Hague-Visby Rules? All of these questions – and many others like them – cut across areas of law normally siloed in academic and practitioner texts. The purpose of this title is to make links and draw out connections, with a view to assisting lawyers when a dispute arises – and others drafting different contracts seeking to avoid problems arising in the first place. The fourth edition of this work, now bearing a new title and benefitting from the arrival of a co-author, has been fully revised to take account of case-law and regulatory developments in the twelve years since the last edition.

Arbitration clauses are sacrosanct in maritime contracts. Standard forms of charterparties and bills of lading reflect a desire to trade over the trusted dispute resolution choice of arbitration. However, when incorporating arbitration clauses, disputes and interpretational complexities continue to arise evidencing that the law is not settled yet. This book introduces a holistic evaluation of the commercial reasons and the legal principles that permeate the incorporation of arbitration clauses in modern maritime contracts, contrasting arbitration with exclusive jurisdiction clauses, where appropriate. The book presents a modern specialised legal study of incorporation of arbitration clauses into maritime contracts, considering recent developments and long-established principles of incorporation. Offering a thorough research into English, European, and Chinese law, with the objective to assess how the incorporation of arbitration principles crystallises through the years, the book will be of interest to researchers, legal practitioners, and commercial parties.

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.

The bill of lading has been the subject of numerous articles, dissertations, and textbooks over the years, and this is hardly surprising. The bill of lading has a fascinating history, it has several functions with roots in both contract and property law, and its issuance may trigger the application of an international convention on the carriage of goods by sea, the Hague–Visby Rules. Whereas most books on the subject deal with the bill of lading in general, this book zooms in on the straight bill of lading and covers the differences (and similarities) with a negotiable (order or bearer) bill of lading.