Bills of lading incorporating charterparties
By: Melis Özdel
Publisher: Hart Publishing
Published: 2015
Place of publication: Oxford, United Kingdom
Language: eng
Number of pages: 211
ISBN-13: 9781849466790
Subjects: Bills of lading; Charter-parties
Description: 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
Notes: Includes bibliographical references and index.
Table of contents: title: The law governing the incorporation issue; title: Choosing the charterparty to be incorporated; title: Giving effect to the words of incorporation; title: The operative words of incorporation; title: The consistency test.