| Foreword |
|
v | |
| Preface |
|
vii | |
| Authors' Biographies |
|
xvii | |
|
|
|
xxiii | |
|
|
|
xxxv | |
|
The Evolving Flexibility of Voyage Charterparties |
|
|
1 | (34) |
|
Professor D. Rhidian Thomas |
|
|
|
|
1 | (2) |
|
Load/discharge ports and the exercise of options |
|
|
3 | (8) |
|
|
|
3 | (1) |
|
Exercising the right of nomination |
|
|
4 | (2) |
|
|
|
6 | (1) |
|
|
|
6 | (1) |
|
Impossible and unlawful ports |
|
|
7 | (2) |
|
|
|
9 | (1) |
|
No obligation of good faith |
|
|
9 | (1) |
|
Nomination of berths and other places |
|
|
10 | (1) |
|
|
|
11 | (1) |
|
|
|
11 | (2) |
|
|
|
11 | (2) |
|
|
|
13 | (1) |
|
The effect of a valid nomination |
|
|
13 | (1) |
|
A contractual right to change a nomination |
|
|
14 | (2) |
|
Protecting against the adverse consequences of a change of nomination |
|
|
16 | (3) |
|
Nominations and the safe port promise |
|
|
19 | (3) |
|
Other contractual rights to control the performance of the contracted voyage |
|
|
22 | (9) |
|
|
|
22 | (2) |
|
The right to direct a vessel to proceed to a specific place to await instructions |
|
|
24 | (1) |
|
The right to require the vessel to stop |
|
|
25 | (1) |
|
The right to regulate the speed of the vessel |
|
|
26 | (2) |
|
The right to require the vessel to follow a prescribed route |
|
|
28 | (1) |
|
The right to manage cargo at sea |
|
|
29 | (1) |
|
|
|
29 | (1) |
|
|
|
29 | (1) |
|
|
|
30 | (1) |
|
|
|
31 | (1) |
|
|
|
31 | (2) |
|
|
|
33 | (2) |
|
Jurisdiction and Arbitration Clauses |
|
|
35 | (18) |
|
|
|
|
|
35 | (1) |
|
Arbitration clauses: stay of proceedings |
|
|
35 | (1) |
|
|
|
36 | (3) |
|
Jurisdiction clauses and the Judgments Regulation |
|
|
37 | (2) |
|
Incorporation by reference |
|
|
39 | (1) |
|
|
|
39 | (1) |
|
Jurisdiction under an arbitration agreement |
|
|
40 | (1) |
|
Scope of the arbitration clause and the projection of it from attacks on the main agreement |
|
|
41 | (6) |
|
Anti-suit injunctions and the EC |
|
|
47 | (6) |
|
Legalaspects of the Approach Voyage |
|
|
53 | (6) |
|
|
|
|
|
53 | (1) |
|
Being in the right place at the right time |
|
|
53 | (3) |
|
|
|
54 | (1) |
|
|
|
54 | (1) |
|
|
|
54 | (1) |
|
Proceeding with all convenient speed |
|
|
54 | (1) |
|
|
|
55 | (1) |
|
|
|
56 | (1) |
|
|
|
56 | (1) |
|
|
|
56 | (3) |
|
Theloading Obligations of Voyage Charterers |
|
|
59 | (20) |
|
|
|
|
|
59 | (2) |
|
The preconditions for the transfer of the responsibility for the proper performance of the cargo loading and stowage to the charterers |
|
|
61 | (1) |
|
The charterers' liability for loading and stowage under FIOS and similar clauses |
|
|
62 | (4) |
|
The exceptions to the charterers' liability for improper loading and stowage |
|
|
66 | (2) |
|
Who is liable for improper stowage that renders the vessels unseaworthy? |
|
|
68 | (7) |
|
|
|
75 | (4) |
|
The Wreck of the Hesperus Revisited: A Review of the Obligations of Seaworthiness in Contracts of Affreightment |
|
|
79 | (18) |
|
|
|
|
|
79 | (1) |
|
Warranty of seaworthiness implied at common law |
|
|
80 | (2) |
|
|
|
82 | (3) |
|
|
|
85 | (5) |
|
|
|
90 | (2) |
|
|
|
92 | (2) |
|
|
|
94 | (1) |
|
|
|
95 | (2) |
|
Dangerous Cargo and ``Legally Dangerous'' Cargo |
|
|
97 | (40) |
|
|
|
|
|
97 | (1) |
|
Two types of concern with dangerous cargo |
|
|
98 | (1) |
|
Concepts of ``physically dangerous'' and ``legal dangerous'' cargo |
|
|
99 | (9) |
|
Naive versions of the two common law concepts |
|
|
99 | (2) |
|
Outer boundary of the common law concepts |
|
|
101 | (2) |
|
Boundary of the Hague Rules concept |
|
|
103 | (4) |
|
The left-over concept of legally dangerous cargo |
|
|
107 | (1) |
|
Further articulation of the definition of ``legally dangerous'' cargo |
|
|
108 | (8) |
|
Consequences of this definition of legally dangerous cargo |
|
|
110 | (3) |
|
Outstanding questions with this definition |
|
|
113 | (3) |
|
|
|
116 | (5) |
|
Absolute liability under the Hague Rules |
|
|
116 | (3) |
|
Absolute liability at common law, and under the ``leftover'' principles |
|
|
119 | (2) |
|
What the shipper need not say |
|
|
121 | (6) |
|
Application of these points to legally dangerous cargo |
|
|
125 | (2) |
|
|
|
127 | (4) |
|
How will the concept of dangerous cargo develop? |
|
|
131 | (6) |
|
Arrival, Readiness and the Commencement of Laytime |
|
|
137 | (24) |
|
|
|
The three requirements for the commencement of laytime |
|
|
137 | (19) |
|
The arrival of the vessel at destination |
|
|
138 | (8) |
|
The readiness of the vessel to load (or to discharge) |
|
|
146 | (6) |
|
The giving of notice of readiness |
|
|
152 | (4) |
|
Conferring subsequent validity on an originally invalid notice of readiness |
|
|
156 | (3) |
|
|
|
159 | (2) |
|
The Running of Laytime and Demurrage when a Charterer does not have Sole use of a Vessel |
|
|
161 | (10) |
|
|
|
|
|
161 | (1) |
|
Suspending the running of laytime and demurrage |
|
|
162 | (1) |
|
Absence of any loss of use by the charterers |
|
|
163 | (6) |
|
|
|
169 | (2) |
|
Laytime and Demurrage Clauses in Contracts of Sale - a Survey of the New York Society of Maritime Arbitrators' Award (1978-2008) and English Case Law |
|
|
171 | (30) |
|
|
|
An examination of English decisions |
|
|
172 | (11) |
|
Indemnifying or independent clause - a matter of construction |
|
|
172 | (9) |
|
A general incorporation clause |
|
|
181 | (2) |
|
Observations from across the pond |
|
|
183 | (13) |
|
The New York maritime arbitration system |
|
|
183 | (1) |
|
Practical importance of the issue of separateness between the sale and charter demurrage/laytime clauses |
|
|
183 | (3) |
|
``Presumption'' of separateness and the construction of the contract |
|
|
186 | (3) |
|
Preference for separateness leading to strict view on incorporation |
|
|
189 | (1) |
|
Relevance of knowledge of the charterparty to the construction of the contract |
|
|
190 | (1) |
|
Applying the demurrage clause as a sale term - implications |
|
|
191 | (4) |
|
The sale laytime/demurrage clause in the charterparty |
|
|
195 | (1) |
|
|
|
196 | (2) |
|
|
|
198 | (3) |
|
Bills of Lading and Voyage Charters |
|
|
201 | (16) |
|
Professor Francis Reynolds |
|
|
|
|
201 | (1) |
|
The interaction of the two contracts |
|
|
201 | (2) |
|
|
|
203 | (1) |
|
Bill transferred back to charterer |
|
|
204 | (1) |
|
Further transfer of the bill of lading: statutes |
|
|
205 | (1) |
|
|
|
206 | (2) |
|
|
|
208 | (1) |
|
|
|
209 | (3) |
|
|
|
212 | (1) |
|
|
|
213 | (4) |
|
Charterparty Bills of Lading Cargo Interests' Liabilities to the Shipowner |
|
|
217 | (34) |
|
|
|
|
|
217 | (1) |
|
The underlying contractual matrix |
|
|
217 | (2) |
|
Shipowners' claims against the voyage charterer: the effect of cesser clauses |
|
|
219 | (4) |
|
Shipowners' remedies against the bill of lading holder |
|
|
223 | (9) |
|
|
|
223 | (3) |
|
|
|
226 | (2) |
|
Personal liability under the bill of lading |
|
|
228 | (4) |
|
Bills of lading incorporating the freight and demurrage provisions of a charterparty |
|
|
232 | (9) |
|
Bills of lading with no express freight/demurrage provisions: implied obligations |
|
|
238 | (90) |
|
|
|
328 | |
|
Liability for delay during loading and discharge |
|
|
241 | (2) |
|
Bills of lading and the indemnity in respect of dangerous cargo |
|
|
243 | (3) |
|
The UNCITRAL Draft Convention and liabilities under charterparty bills of lading |
|
|
246 | (3) |
|
|
|
248 | (1) |
|
|
|
249 | (1) |
|
|
|
249 | (1) |
|
No contracting out of shippers' obligations |
|
|
250 | (1) |
|
Dangerous cargo and third parties |
|
|
250 | (1) |
|
The Bill of Lading Contracts Under European National Laws (Civil Law Approaches to Explaining the Legal Position of the Consignee Under Bills of Lading |
|
|
251 | (30) |
|
Professor Frank G.M. Smeele |
|
|
|
|
251 | (2) |
|
Transfer of bill of lading to third party acting in good faith |
|
|
253 | (1) |
|
|
|
254 | (3) |
|
|
|
256 | (1) |
|
Scope of this comparative study |
|
|
257 | (1) |
|
Position of the consignee under a contract of carriage and under a bill of lading contract |
|
|
258 | (1) |
|
Principles of European Contract Law (PECL) and UNIDROIT Principles |
|
|
259 | (3) |
|
|
|
262 | (19) |
|
|
|
262 | (1) |
|
|
|
262 | (4) |
|
|
|
266 | (2) |
|
|
|
268 | (4) |
|
|
|
272 | (9) |
|
Comparative Observations on United States Law and Practice Relating to Voyage Charters |
|
|
281 | (8) |
|
|
|
Two systems divided by a common law |
|
|
281 | (1) |
|
Sources of ``United States law'' relating to voyage charterparties |
|
|
281 | (1) |
|
United States maritime law |
|
|
282 | (1) |
|
Maritime arbitration awards as a source of ``law'' |
|
|
283 | (1) |
|
|
|
283 | (1) |
|
|
|
284 | (1) |
|
Brokers' commission claims |
|
|
285 | (1) |
|
|
|
286 | (1) |
|
|
|
287 | (1) |
|
Recoverability of attorneys' fees by the prevailing party |
|
|
287 | (1) |
|
|
|
288 | (1) |
|
The Impact of Deviation on Contracts of Affreightment |
|
|
289 | (18) |
|
Professor Richard Williams |
|
|
|
|
289 | (1) |
|
The development of the law relating to deviation |
|
|
290 | (5) |
|
|
|
295 | (10) |
|
The true juridical basis of the deviation cases is the ``ordinary law of contract'' relating to breach of condition and repudiation |
|
|
296 | (2) |
|
Does the breach terminate the contract automatically or only if the innocent party elect to terminate it? |
|
|
298 | (1) |
|
Does the termination take effect (a) ab initio, or (b) as from the moment of the deviation, or (c) if the election is relevant, from the moment that the election is exercised? |
|
|
298 | (2) |
|
The deviation cases may be explained with reference to the interaction of traditional contractual construction rules which have a particular resonance in relation to the carriage of goods by sea |
|
|
300 | (1) |
|
The ``deemed'' cause role |
|
|
301 | (1) |
|
The ``deemed intention'' rule |
|
|
302 | (2) |
|
The actual intention rule |
|
|
304 | (1) |
|
|
|
305 | (1) |
|
|
|
306 | (1) |
|
Cancellation Clauses and Repudiatory Breach |
|
|
307 | (10) |
|
Professor Michael Furmston |
|
|
|
|
307 | (1) |
|
|
|
307 | (2) |
|
Application to voyage charterparties |
|
|
309 | (4) |
|
|
|
309 | (1) |
|
|
|
309 | (1) |
|
Premature cancellation by the charterer |
|
|
310 | (1) |
|
|
|
311 | (2) |
|
|
|
313 | (4) |
|
Frustration in Voyage Charters-Silted-Upbackwater or Vital Navigational Resource? |
|
|
317 | (18) |
|
Professor Andrew Tettenborn |
|
|
Overview: what can frustrate a voyage charter? |
|
|
317 | (6) |
|
The loss or unavailability of the chartered vessel |
|
|
318 | (1) |
|
Difficulties with the route, the cargo, or the load or delivery port |
|
|
319 | (1) |
|
|
|
319 | (1) |
|
|
|
320 | (1) |
|
|
|
321 | (1) |
|
|
|
322 | (1) |
|
|
|
322 | (1) |
|
The limitations on frustration |
|
|
323 | (7) |
|
The difficulty of showing frustration |
|
|
323 | (1) |
|
Other doctrines give the same result as frustruction, but more easily |
|
|
324 | (1) |
|
Frustration is merely a default rule |
|
|
325 | (3) |
|
|
|
328 | (1) |
|
Frustration, the prepaid freight rule, pro rata freight and the Law Reform (Frustration Contracts) Act 1943 |
|
|
328 | (1) |
|
|
|
328 | (1) |
|
|
|
329 | (1) |
|
When does frustration matter? |
|
|
330 | (4) |
|
Ancillary obligations in relation cargo or ship |
|
|
330 | (1) |
|
One case of advance freight |
|
|
331 | (1) |
|
|
|
331 | (2) |
|
|
|
333 | (1) |
|
|
|
334 | (1) |
|
|
|
335 | (90) |
|
|
|
|
|
|
337 | (4) |
|
|
|
341 | (12) |
|
|
|
353 | (6) |
|
|
|
359 | (6) |
|
|
|
365 | (32) |
|
|
|
397 | (22) |
|
|
|
|
Congenbill (Edition 1994) |
|
|
419 | (2) |
|
BP Tank Ship Bill of Lading |
|
|
421 | (2) |
|
|
|
423 | (2) |
| Index |
|
425 | |
Rohkem infot Taylor & Francis e-raamatute kohta