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.
Rezensionen / Stimmen
The author's effort to extract the principles from court decisions of both the English and the US jurisdictions and compare them is commendable -- Dr Aleka Mandaraka Sheppard, Chartered Arbitrator and Mediatorn London Shipping Law Centre * The Journal of International Maritime Law *
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Produkt-Hinweis
Notizbuch/Blanco-Buch (Hardback)
Maße
Höhe: 234 mm
Breite: 156 mm
Dicke: 12 mm
Gewicht
ISBN-13
978-1-84946-679-0 (9781849466790)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Melis OEzdel is a Lecturer in Maritime and Commercial Law at University College London and Deputy Director of the UCL Centre for Commercial Law. Alongside her academic life, Melis is a practising advocate in Istanbul, Turkey.
Autor*in
University College London
1. The Law Governing the Incorporation Issue
I. Choosing the Law Governing the Incorporation Issue
II. Presumptive Solutions in Ascertaining the Applicable Law: the English Approach
A. The Use of Putativity
B. An Alternative Method to the Use of Putativity
III. Presumptive Solutions in Ascertaining the Applicable Law: the US Approach
IV. Conclusion: Should the Putative Proper Law Lead the Way?
2. Choosing the Charterparty to be Incorporated
I. Does the Charterparty Need to be Identified in the Bill of Lading?
A. Overview
B. Is there a Condition to Identify the Charterparty?
C. How is the Charterparty to be Identified in the Bill of Lading?
D. Inaccurate and/or Ambiguous References
II. Which Charterparty is Deemed to be Referred to in the Bill of Lading?
A. Overview
B. The Position under US Law
C. The Position under English Law
III. Is the Charterparty Capable of Being Incorporated?
A. Overview
B. What Forms of Charterparty can be Incorporated?
C. Do We Need an Already Concluded Charterparty by the Time the Bill of Lading is Issued?
D. The Incorporation of Charterparty Terms that have
been Amended or Rectified
E. Charterparties Rescinded, Terminated or Invalidated
IV. Conclusion
3. Giving Effect to the Words of Incorporation
I. What Words of Incorporation are Apt to Incorporate?
A. How are the Charterparty Terms to be Described under a Bill of Lading?
B. Incorporating the Charterparty Forum Selection Clauses
II. Manipulation of the Incorporated Charterparty Provisions
A. English Law
B. US Law
C. Are the Rules of Manipulation Justifiable?
III. Conclusion
4. The Operative Words of Incorporation
I. Is the Charterparty or the Bill of Lading the Driving Force for Incorporation?
II. Are These Rules Workable?
III. Conclusion
5. The Consistency Test
I. The Incorporated Charterparty Clauses Repugnant to the Bill of Lading
A. When is there Inconsistency between the Provisions and Which One Prevails?
B. Where do These Rules Take Us?
II. Consistency of the Provisions with the Hague and the Hague-Visby Rules
A. Historical Background to the Conventions
B. Which Prevails?
C. Validity of Incorporated Forum Selection Clauses under the Rules
D. Validity of Carrier's Terms on Loading and Discharge of the Cargo
III. Final Remarks on the Consistency Test
