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Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by s...
This book demystifies the effectiveness of good faith in international commercial arbitration law. In the growing universe of international commercial arbitration, it is more pressing than ever to discuss the role of good faith and challenge residual conservative skepticism regarding its usefulness. The book employs principles, standards and concepts which are normatively ingrained in good faith. These include the principle of pacta sunt servanda, the estoppel doctrine, the transnational standard of cooperation and fair dealing among merchants. It also discusses the pertinence of good faith to corrective justice, proportionality, prohibition of discrimination and unconscionability, internati...
This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume II: Shipping Law provides a detailed understanding of the historical development of shipping law looking at concepts, sources, and international organisations relating to shipping law; nationality, registration and ownership of ships; ship sale and shipping...
With efforts for further substantive liberalization of trade showing little signs of success, focus has shifted to the rationalization and simplification of procedural regulations in international trade. The Agreement on the Trade Facilitation in Goods came into force in 2017, and proposals for similar agreements for trade in services and foreign investment have been submitted and are under discussion. This book discusses both existing and proposed provisions on trade facilitation within the World Trade Organisation (WTO). It covers relevant General Agreement on Tariffs and Trade (GATT) provisions and jurisprudence, the negotiating history of the Trade Facilitation Agreement in Goods, provisions of the WTO Trade Facilitation Agreement and their relevance for developing countries’ concerns, with special emphasis on India, and the prospects for a global digital trade facilitation platform. The book also discusses the desirability for trade facilitation agreements for services and investment and the possibility of success of the proposals submitted in this regard in the WTO.
Probably the core characteristic of a bill of lading is that the original bill of lading must be presented at the port of destination for a consignee to be entitled to delivery of the goods and for the carrier to get a good discharge of its delivery obligation by delivering the goods to said consignee. This notion is accepted virtually worldwide, but the more precise content of the "presentation rule" differs from jurisdiction to jurisdiction. Furthermore, and of importance, the legal basis establishing the "presentation rule" differs. With the technological advances in maritime transport as well as in communications technology and the emergence of more complicated trading patterns, a system...
The main focus of this book is the impact of maritime fraud on contracts for sale and carriage, documentary credits and marine insurance. It covers all varieties of maritime fraud, from the most serious downwards, describing the methods employed and the risks to traders and carriers. At the serious end of the spectrum, pirates capture an entire ship, often murdering the entire crew, in order to sell the cargo (to which of course they have no title), later to use the “innocent” ship to pose as innocent traders. Less serious (but perhaps of greater interest to lawyers) are misdescriptions of cargo in, or backdating of, bills of lading, and other deceptions, usually practised on purchasers and banks.
After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.
This handbook, edited by Zeller and Andersen, is an indispensable contribution to the field of transnational commercial law. With an introduction by Sir Roy Goode, this book presents perspectives on legal issues of international sales transactions as perceived by world leading experts, exposing pragmatic and modern aspects of everything from drafting, to uniform laws, to dispute resolution. The book divides itself between fundamental knowledge of transnational commercial law (e.g. chapters on forum shopping, CISG, Cape Town Convention, etc.) and current and topical developments (e.g. chapters on blockchain, smart contracts, metaverse, digital assets, etc.). International or transnational tra...
This text provides a complete assessment of the use of electronic documents in the international sale of goods carried by sea, analysing practical and legal barriers to the law relative to paperless trade.