Practical Difficulties Generated by Cargo Description in Contracts for International Sale of Goods and Bills of Lading (original) (raw)
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The work draws up the international environment of carriage of goods by sea under the operative international conventions and drafted model laws. It deems fruitful to confront the discrepancies whereas there is no uniform approach even among the biggest shipping nations, which results difficulties for traders and carriers taking into consideration that carriage of goods by sea shall be interpreted in the international ring. On the other hand, for decades there is an urgent call from the commercial practice to revise the legal background in order to clarify its standpoint concerning new challenges, namely the possible acceptance and interpretation of electronic document interchange in the realm of transport documents. Hence, the paper points out some cornerstones where commerce and law need to agree in order to furnish the most suitable environment for carriage of goods by sea.
For international trade to flourish there must be an involvement in transaction of goods by sea between a buyer in one country and seller in another. It is essential to know about the contract that governs the carriages of goods by sea, as international trade has been highly beneficial in regards to shipping industry. The carrier plays a significant role in this contract and it is necessary to understand its involvement in the contract in regards to his obligations and immunities. Also, this research shall study the present rules governing the carriages of goods by sea namely The Hague Rules, the Hague-Visby Rules, the Hamburg Rules, and the Rotterdam Rules. Comparing it to the obligation and immunity of the carrier under the Indian carriages of good by sea act. It shall also study about the liabilities imposed to the carrier in terms of limitations, exceptions duties, and burden of proof. As India continues to adopt The Hague Rules, which has serious defects however, modifications have been made under the Indian carriages of goods by sea. This research shall correspondingly raise questions like; do the current laws in India provide sufficient provisions to protect the rights of the cargo owners? What differences does it have in its provisions that deal with the carrier and the customers’ rights? If the international conventions are ratified by India, is there any expected changes for the improvement of the rules that governs the carrier’s obligations and what practicable rules should be provided for India’s maritime law to reflect itself to the international standards. In addition, this study will compare the English law with respect to all the questions raised above, under the contract that governs the carrier’s liability under the carriers of goods by sea in order to overcome the shortcoming of its predecessor. Further, this paper will put forward some suggestions and recommendations as part of its conclusion.
Documents of the Shipping Transport: Historical Origins, Legal Validity and Commercial Practice
Journal of Shipping and Ocean Engineering 10 (2020), 2020
The bill of lading and charterparty are vital for international trade and transport. To signify their enduring importance, this paper firstly seeks to illuminate the earliest historical evidence relating to the bill of lading and charterparty, and secondly discusses their current legal and commercial nature and functions within the framework of English Law. The paper also examines the content and use of other transport documents such as the booking note, cargo manifest, mate’s receipt, and delivery order, hence presenting the integrated lifecycle of transport.
Documents of the Shipping Transport: Historical Origins, Legal Validity Commercial Practice
Journal of Shipping and Ocean Engineering, 2020
The bill of lading and charterparty are vital for international trade and transport. To signify their enduring importance, this paper firstly seeks to illuminate the earliest historical evidence relating to the bill of lading and charterparty, and secondly, discuss their current legal and commercial nature and functions as well as their relationship with other transport documents such as the booking note, cargo manifest, mate's receipt, and delivery order. In this context, the paper examines the lifecycle of transport as regards the documents used in the bulk and liner markets.
German International Journal of Modern Science №77,, 2024
The most characteristic feature and difference between contractual relations in liner shipping and tramp ship-ping, as well as other contracts for the provision of maritime transport services, is the formation of contractual relations in liner shipping. In liner shipping, the negotiation of the terms of carriage and the actual formation of the contract of carriage take place in two stages. In the first stage, the carrier makes an offer for transportation, which includes the general conditions of transportation and the freight, which is according to the tariff. These conditions are the same for all consignors and are not subject to renegotiation. If the shippers agree, they confirm the offer, after which the carrier prepares and sends a booking note to the shipper. A booking note is only a contract to reserve a place on the ship for the carriage of the specified cargo. After the goods are loaded, a bill of lading is issued with the terms of carriage included, which is considered proof of a concluded contract.
Monash University Law Review, 2015
Since 1904, Australia has sought to protect shippers by prohibiting parties to contracts such as bills of lading from contracting out of Australian law and jurisdiction. Today, this protection lives on in s 11 of the Carriage of Goods by Sea Act 1991 (Cth). This section has recently been in the spotlight following a divergence of authority relating to its scope. This article argues that legislative revision of s 11 is necessary in order to clarify its scope and to ensure that its operation is consistent with the underlying policies justifying its existence, as expressed by the legislature.
Transactions on Maritime Science, 2021
This paper tends to clarify implications of delivery of goods performed by a maritime carrier to a consignee at the place of destination; particularly, a delivery made without receiving the original bill of lading in exchange for the goods delivered to the consignee. In spite of the importance of such delivery, none of the related international conventions has addressed the implications of such a delivery for the liability of the maritime carrier. This gap has given rise to inconsistency between the approaches adopted by various jurisdictions worldwide, and such a divergence will contradict the fundamental international principle of unifying the international maritime rules. Hence, the study is discussing the area of ambiguity under both the English and the Qatari law to reach some suggestions that could be adopted under both jurisdictions to clarify the legal position of maritime carriers as well as to protect them from liability arising under this delivery.
The Relationships of Bill of Lading, Charterparty and Other Transport Documents
Journal of Economics, Management and Trade, 2019
The bill of lading plays a vital role in international trade. In addition, the charterparty is a legal contract of employing a vessel between the shipowner and the charterer. In shipping matters, charterparty and bill of lading are highly important documents since they allocate risks, obligations, rights, earnings, costs and profits between the contracted parties, namely the shipowner (or carrier) and the charterer (or shipper). Therefore, this paper constitutes an overview of the commercial and legal aspects ensued from the relationship between the bill of lading, the charterparty and other documents such as booking note, cargo manifest, mate's receipt, delivery order etc. Furthermore, this paper examines the life cycle of bill of lading and charterparty in the bulk and liner markets and how this will be affected by the digitalisation in shipping. The analysis is based on the shipping practices followed in accordance with the legal regime of bill of lading and charterparty.