Shipping Law 6th Edition by Simon Baughen – Ebook PDF Instant Download/Delivery: 041571219X , 978-0415712194
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ISBN 10: 041571219X
ISBN 13: 978-0415712194
Author: Simon Baughen
In this well-established textbook, Simon Baughen expertly covers the whole spectrum of English shipping law, placing the highly specialised rules of shipping in a commercial context and relating them to the general principles of contract and tort law. The book’s accessible narrative and useful glossary of key terms will particularly benefit students new to Shipping Law or from non-law backgrounds.
In-depth commentary on judicial decisions and well-balanced coverage and analysis of recent and key cases, such as The New Flamenco, The Ocean Victory, and The Kos, provide an up-to-date reference for all students on Shipping Law courses. The comprehensive overview of topics also ensures that the book is ably suited to course use, including discussion of such areas as:
- Bills of lading
- Charterparties
- Salvage
- Marine Pollution
- Arbitration
- Accidents and collisions
Fully updated throughout, this sixth edition provides an invaluable source of reference and will be of use to both students and to those in practice.
Shipping Law 6th Table of contents:
PART 1 DRY SHIPPING
1 The Commercial Background
International sales of goods
Payment against documents
Transfer of risk on loading
The four functions of the bill of lading
Receipt
Document transferring constructive possession
Document of title
A potentially transferable carriage contract
Contracts of carriage
The bill of lading
The voyage charterparty
Contracts for the use of the vessel – time charters
Modifications to the traditional carriage contract model
Use of documents other than the bill of lading
Implied contracts
Expansion of the contractual service from pure sea carriage
Containerisation
The cargo claim enquiry
Does the claimant have title to sue the defendant?
If the claimant does have title to sue, can it bring an action against the defendant in the English
Has the loss or damage occurred during the period for which the carrier was responsible for the good
If loss is established during the relevant period, what is the defendant’s responsibility for it?
If the defendant is responsible for the loss, how will damages be assessed?
2 Title to Sue
Express contracts on loading
The voyage charterparty
The bill of lading
Sea waybills
Straight bills
Electronic documentation
Implied contracts on loading
Shipowner’s bill or charterer’s bill?
Identity of carrier clauses
Shipowner’s position when a charterer’s bill is issued
Third-party rights under the initial carriage contract at common law and in equity
Agency
The Contracts (Rights of Third Parties) Act 1999
Trust
Suit by the shipper
Assignment
Implied contract
Statutory transfer – the Carriage of Goods by Sea Act 1992
The Carriage of Goods by Sea Act 1992
Claimants outside the Carriage of Goods by Sea Act 1992
Non-contractual actions
Bailment
Negligence
Other torts
3 Proving Loss or Damage in Transit
The evidential hierarchy of bill of lading statements
Bill of lading statements and contractual actions against the carrier
The common law position
Statutory modifications under the Hague and Hague-Visby Rules
Tort actions against the carrier
Vicarious liability and Grant v Norway
Actions against the person who actually signed the bill of lading
4 The Terms of the Bill of Lading Contract
Common law liability of sea carriers
Exceptions clauses and implied obligations
Express terms
The effect of general incorporation clauses
Construing a charter clause in a bill of lading context
Construing exceptions clauses
Implied terms
Seaworthiness
The obligation to take reasonable care of the cargo
The obligation to proceed on the contract voyage without deviating
5 Statutory Terms of the Bill of Lading Contract
The Hague and Hague-Visby Rules
The ambit of the Rules
Mandatory application
Voluntary incorporation
Contracting out
Third-party reliance on the Rules
The content of the Rules
The carrier’s duties under Art III
The carrier’s defences under Art IV
The one-year time limit – Art III(6) and (6)bis
The package limitation
Containers
Loss of the right to limit
Shipper’s liability under the Rules
6 The Future? The Hamburg Rules and the Rotterdam Rules
The Hamburg Rules
Ambit of operation
Who is liable?
Period of responsibility
Basis of liability
Deck cargo
Package limitation
Time bar
Bar on contracting out
Jurisdiction
Evidential status of shipping documents
The Rotterdam Rules
Chapter One – general provisions
Chapter Two – scope of application
Chapter Three – electronic communication
Chapter Four – obligations of the carrier
Chapter Five – liability of the carrier for loss, damage, or delay
Chapter Six – additional provisions relating to particular stages of carriage
Chapter Seven – obligations of the shipper
Chapter Eight – transport documents and electronic transport records
Chapter Nine – delivery of the goods
Chapter Ten – rights of the controlling party
Chapter Eleven – transfer of rights
Chapter Twelve – limits of liability
Chapter Thirteen – time for suit
Chapter Fourteen – jurisdiction
Chapter Fifteen – arbitration
Chapter Sixteen – validity of contractual terms
Chapter Seventeen – matters not covered by this convention
Chapter Eighteen – final clauses
7 Combined Transport
Unimodal sea carriage
’Received for shipment’ bills of lading
Trans-shipment – ‘through’ bills of lading
‘Combined’ or ‘multimodal’ transport
Document of title?
Competing conventions
’Network’ and ‘uniform’ solutions
8 Carriage by Road – the CMR
Mandatory application of the CMR
The identity of the contracting parties
The sender
The consignee
The carrier
Successive carriers
The contract documents
Information to be included in the consignment note
Carrier’s duty to check particulars in consignment note
Contractual status of consignment note
Non-compliance with Arts 6–9
Terms of the contract
Contracting out
The primary defences
The secondary defences
Measure of damages
Package limitation
Jurisdiction and time limits
9 Charterparties
Introduction
The types of charter
Voyage charters
Time charters
Hybrids – the ‘trip charter’
The interest conferred by a charterparty
Matters common to both types of charter
Charterers’ orders
Employment, as opposed to navigational, matters
Causation
Relationship with other charter provisions
The bill of lading
Type of cargo to be loaded
Permitted ports
Shipowners’ obligations in getting to the load port
Reasonable dispatch
Statements as to vessel’s position and expected readiness
The cancellation clause
10 Voyage Charterparties – Payment of Freight
What is freight?
Set-off
When and where is it payable?
Special clauses
The ‘deemed earned’ clause
The ‘near’ clause
By whom is it payable?
Remedies for non-payment
The nature of a lien
Exercising a lien
11 Voyage Charters – Laytime and Demurrage
Calculating the available laytime
When is charterer’s duty to load or discharge triggered?
Giving notice of readiness
The termination point of the approach and carrying voyages
‘Wibon’ and ‘time lost’ clauses
Reachable on arrival
Suspending laytime
Laytime definitions and exceptions
Fault of the shipowner
Removal of vessel for shipowner’s purposes
The shipowner’s remedies for delays in loading and discharge – demurrage
Laytime provisions and demurrage
Demurrage and other breaches of charter
Demurrage time bars
12 Time Charters
The shipowner’s right of withdrawal
Late payment
Underpayment – charterers’ rights to make an ’equitable’ set-off
Loss of time under a time charter – ‘off-hire’
Inefficiency of the vessel
Off-hire events
Time deductible following an off-hire event
Other remedies for delay
Redelivery
13 Damages and Frustration
Damages
Tort and contract compared
Contractual measure of damages
Applying the contractual rules on remoteness to cargo claims
Charterparty claims and damages
Frustration
What amounts to frustration?
The effect of breach
The consequences of frustration
PART 2 WET SHIPPING
14 Collisions
Vicarious liability
Tugs and tows
Pilots
Standard of care
Causation
Apportionment of liability
Damages
Statutory liability
Time bar
Jurisdiction
15 Salvage
The sources of salvage law
What property can be salved?
Maritime property
The requirement of danger
What are the geographical limits of salvage?
Who can be a salvor?
Contractual duties
Public duties
Self-interest
What services qualify for salvage?
The general rule of ‘no cure, no pay’
Environmental salvage
The SCOPIC clause
What principles govern the relationship between salvor and salvee?
The parties bound by the signing of a salvage agreement
Setting aside a salvage agreement
The effect of negligence
Termination of the salvage services
Post-termination services
How is any salvage award calculated?
Salved values
Fixing the award
Apportioning the award between salvors
What remedies are available to salvors?
Security for the claim
Time bar
LOF 2011
How do salvage principles apply to wreck?
16 General Average
Extraordinary sacrifices and expenses
Sacrifices
Expenses
Voluntariness
Time of peril
Common safety
Fault
Valuing losses and assessing contributory values
Sacrifices
Expenditure
Contributory values
Rights and remedies of the interests inter se
The York Antwerp Rules 2004
17 Marine Pollution
The CLC
Strict liability
Geographical ambit
Defences
‘Channelling’ of liability
Limitation of liability
Compulsory insurance
Time limits
Jurisdiction
The Fund
The Fund’s liability
Defences available to the Fund
Limitation
Time limits
Subrogation
Jurisdiction
Non-tanker oil spills
The 2001 Bunker Oil Pollution Convention
Hazardous and Noxious Substances (HNS) Pollution
Liability
Geographical ambit
Shipowners’ defences
Limitation
Compulsory liability insurance
Jurisdiction
Time bars
The HNS Fund
The Protocol to the HNS Fund
Pollution from oil rigs
The Environmental Liability Directive 2004/35/EC
Wreck removal
Statutory powers of wreck removal
The 2007 Nairobi International Convention on the removal of wrecks
PART 3 JURISDICTION, CHOICE OF LAW, SECURITY AND LIMITATION
18 Jurisdiction, Arbitration and Applicable Law
Jurisdiction of the English High Court
Jurisdiction under the Judgments Regulation (EU 1215/2012)
Domestic sources of jurisdiction
Subsequent challenge to jurisdiction by the defendant
Articles 29 and 30 of the Judgments Regulation – lis alibi pendens
Section 34 of the Civil Jurisdiction and Judgments Act 1982
Arbitration
Separability of arbitration agreements
Commencement of arbitration
Applicable law
Interim relief
Appeals
Challenges by non-participating parties
Enforcement of domestic awards
Enforcement of foreign awards
Applicable law
Arbitration on LMAA terms
Choice of law in contract
Choice of law in tort
19 Security and Interim Relief
Arrest
Priorities
Effect of a stay on provision of security
The freezing order
The elements of a domestic freezing order
‘Worldwide’ freezing orders
Other interim relief
Security for the defendant’s costs
Inspection of property
Anti-suit injunctions
20 Limitation of Liability
Who can limit?
Which claims are subject to limitation?
Which claims are not subject to limitation?
How can the right to limit be lost?
How is the limitation figure calculated?
Article 6
Article 7
Establishing the Fund
Jurisdiction
Compulsory insurance
Other limitation regimes
Index
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