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- Preliminary Material
- Main Text
- Part I Introduction
- 1 The Business of Carriage of Goods
- Preliminary Material
- A Cargoes
- Introduction
- Nature and size
- Dry bulk cargoes
- Illustration 1: coal
- Illustration 2: grain
- Illustration 3: iron ore
- Minor bulk cargoes
- Illustration 1: soya beans
- Illustration 2: sugar
- Illustration 3: metals and minerals
- Liquid bulk cargoes
- Illustration 1: crude oil
- Illustration 2: LPG
- Illustration 3: LNG
- Break bulk cargoes
- Containerized cargoes
- Regulation of container shipping
- Transhipment
- B Vessels/Ships
- C Markets
- D Parties
- E Contracts
- F Cargo Claims
- 1 The Business of Carriage of Goods
- Part II Bills of Lading and Other Documents of Carriage
- 2 Shipping Documents Issued Before Shipment
- Preliminary Material
- A Liner Booking Notes
- B Tally Clerk’s Receipts
- C Mate’s Receipts
- Context
- Forms
- Entitlement to bills of lading
- Mate’s receipts and contract
- Not a document of title at common law
- Document of title under the Factors Act
- Not within the Carriage of Goods by Sea Act 1992
- Receipt in good order and condition
- Receipt as to quantity and other issues
- No liability where shipper knows the truth
- Liability in tort
- Mate’s receipts and time charterparties
- Clausing and delay
- Mate’s receipts and voyage charterparties
- Mate’s receipts and seller’s retention of property
- D Cargo Manifests
- 3 Types of Bills of Lading
- Preliminary Material
- A Historical Background
- B Liner Bills of Lading
- Functions
- General characteristics
- Face of Conlinebill 2016
- Information as to cargo
- Declaration of value and freight
- Near clauses, safety, and always afloat
- Surrender of the bills of lading
- Information about the carrier
- Statutory requirements
- Terms generally
- Introductory clauses
- Liability for carriage
- Law and Jurisdiction
- Scope of Carriage
- Loading and Discharging
- Freight, Charges, Costs, Expenses, Duties, Taxes, and Fines
- Lien
- General Average and Salvage
- Both-to-Blame Collision Clause
- Government directions, War, Epidemics, Ice, Strikes, etc
- International Group of P & I Clubs/BIMCO Himalaya Clause for bills of lading and other contracts 2014
- Stowage
- Shipper-Packed Containers, trailers, transportable tanks, flats, and pallets
- Return of Containers
- Additional Clause
- C Straight Bills of Lading
- D Charterparty Bills of Lading
- E Freight Forwarders’ Bills of Lading
- F Through (Combined Transport) Bills of Lading
- G Multimodal Transport Bills of Lading
- Network or uniform liability
- The International Chamber of Commerce (ICC) Uniform Rules (1975)
- Background to the Multimodal Convention
- UNCTAD
- Diplomatic conference
- Convention
- Problems
- Failure
- The UNCTAD/ICC Rules for Multimodal Transport Documents 1992
- Application
- Definitions
- Evidentiary effect
- Responsibilities of the MTO
- The liability of the MTO
- Sea carriage
- Limitation of liability of the MTO
- Remaining provisions
- Multidoc 2016
- 4 Other Documents of Carriage
- Preliminary Material
- A Sea Waybills
- Importance
- Commercial usage
- Advantages of sea waybills
- Functions of a sea waybill
- Sea waybill the same as a straight bill of lading?
- General characteristics
- Face of Genwaybill 2016
- Presentation
- Genwaybill 2016 terms
- Rights of suit
- Transfer of rights
- Liabilities
- Right to redirect the goods
- Conclusive evidence
- Hague (and Hague-Visby) Rules
- CMI Rules
- B Ship’s Delivery Orders
- 5 Issue and Transfer of Bills of Lading
- Preliminary Material
- A Issue of Bills of Lading
- Introduction
- Need for a bill of lading
- Preparation of a bill of lading
- Modern practice in the liner trade
- Signature of bills of lading
- Bills of lading in sets
- Attestation clause
- Delivery against one or more of a set
- Competing pledges of originals
- Tender of less than a full set
- Ancillary copies of bills of lading
- B Transfer of Bills of Lading
- 6 The Bill of Lading as a Receipt for the Goods Shipped
- Preliminary Material
- A Statements on the Face of the Bill of Lading
- B Quantity or Weight
- Evidential value
- Defeating statements in the bill of lading
- Conclusive evidence
- Conclusive evidence clauses
- Limits on the master’s authority
- Grant v Norway—limited application
- First statutory response: Bills of Lading Act 1855
- Second statutory response: Carriage of Goods by Sea Act 1992
- Contracting out of responsibility
- ‘Weight and quantity unknown’ etc
- ‘Contents unknown’
- ‘Said to contain (STC)’
- ‘FCL/FCL’ and other container annotations
- C Condition
- D Leading Marks
- E The Master’s Role in Signing the Bills of Lading
- F Claused Bills of Lading and Indemnities
- G Receipt under the Carriage of Goods by Sea Act 1992
- 7 The Bill of Lading as Evidence of the Contract of Carriage
- 8 The Bill of Lading as a Document of Title
- Preliminary Material
- A Common Law Principles
- B Documents of Title under Statute
- C Transfer of Rights and Obligations in Bills of Lading
- D The Carriage of Goods by Sea Act 1992
- Documents covered: bills of lading
- Documents covered: sea waybills and straight bills of lading
- Documents covered: ship’s delivery orders
- ‘Contract of carriage’
- Electronic documentation
- Transfer of Rights
- Charterers and the Act
- Contractual rights extinguished
- Other rights of suit
- Position under sea waybills and ship’s delivery orders
- Holder with possession of the bill of lading
- ‘A person with possession …’
- ‘… identified in the bill … is the consignee’
- ‘A person with possession … by delivery, of any indorsement of the bill’
- ‘Indorsement’
- Pledgee as holder
- ‘A person with possession… as a result of any transaction …’
- Successive buyers and section 5(2)(c)
- Lost cargo under section 5(2)(c)
- ‘Holder in good faith’
- Obligations
- ‘… takes or demands delivery …’
- Security for a claim
- Arbitration agreements and the transfer of rights and liabilities
- Ship’s delivery orders and liabilities
- Liabilities of the original shipper
- Recovery by those not suffering loss
- Representations in bills of lading
- E Spent Bills of Lading
- Meaning
- Letters of indemnity: The Future Express
- Spent bills of lading and misdelivery
- Spent bills and the Carriage of Goods by Sea Act
- ‘… possession of the bill … possession of the goods …’
- ‘… a transaction in pursuance of any contractual … arrangements’
- The Erin Schulte: the test modified
- The Yue You 902
- 9 Third Parties and Bill of Lading Terms
- Preliminary Material
- A Introduction
- B Suit in Contract
- C Implied Contracts
- D The Special Contract
- E Suit in Tort
- F Bailment
- Background
- Carriage by sea as bailment
- Attornment
- Transfer without attornment
- Sub-bailment
- Bailment ‘on terms’
- Bailment on terms after Elder Dempster
- Sub-bailment on terms: The Pioneer Container
- Bailment after The Pioneer Container
- Bailment and the Carriage of Goods by Sea Act 1992
- Duties of the bailee: reasonable care
- Liability for servants and agents
- Duty of the bailee: (re)delivery of the goods
- Duties of the sub-bailee
- Remedies: conversion
- G Himalaya Clauses
- Background
- Drafting of the Himalaya clause
- The Eurymedon
- Criticism
- Approach applied
- Other jurisdictions
- Himalaya clauses and exclusive jurisdiction clauses
- Parties to a Himalaya clause: The Starsin
- Extent of a Himalaya clause
- International Group of P&I Clubs/BIMCO Himalaya Clause 2014
- Covenants not to sue
- International Group/BIMCO clause
- Himalaya clauses and statute
- H The Contracts (Rights of Third Parties) Act 1999
- 10 The Carriers’ Delivery Obligation
- Preliminary Material
- A Background
- B Delivery to the Person Entitled
- C Delivery Against Fraudulent Bills of Lading
- D Delivery and Exclusionary Terms
- E Delivery and Custom
- F Delivery and Straight Bills of Lading
- G Delivery and Sea Waybills
- H Delivery Against Letters of Indemnity
- I Consequences of Failure to Take Delivery
- J Consequences of Misdelivery
- K Delivery under the Rotterdam Rules
- Introduction
- Acceptance of delivery by the consignee
- Acknowledgement of receipt
- Delivery against a negotiable transport document
- Negotiable document not requiring surrender
- Delivery and non-negotiable transport documents
- Delivery and non-negotiable documents requiring surrender
- Goods remaining undelivered
- Carriers’ rights where goods undelivered
- Liability of the carrier
- 11 Signing Bills of Lading, Alterations of Delivery Obligations, and Other Bill of Lading Issues
- 12 Charterparties and their Relationship with Bills of Lading
- Preliminary Material
- A Bills of Lading in the Hands of the Charterer
- B Who is the Carrier?
- C Incorporation of Charterparty Terms
- Background
- Problems of identification
- Principles of interpretation
- Words used
- Description
- Manipulation
- Consistency
- Bill of lading clauses: ‘freight and all other conditions as per charter’
- ‘Exceptions [including negligence clause]’ and other wording
- ‘All terms [whatsoever], conditions, clauses and exemptions’
- Ancillary clauses: arbitration clauses
- Arbitration clauses expressly incorporated
- Ancillary clauses: exclusive jurisdiction clauses
- The Channel Ranger
- Choice of law clauses
- The Dolphina
- Modern approaches to incorporation
- Synthesis
- D Bills of Lading Transferred to a Third Party
- 13 Paperless Bills of Lading
- 2 Shipping Documents Issued Before Shipment
- Part III International and Domestic Regulation
- 14 Domestic Legislation on Cargo Liability
- 15 The Rise of International Regulation
- Preliminary Material
- A Hague Rules
- The International Law Association (ILA)
- The Comité Maritime International (CMI)
- Incentive for change
- The Imperial Shipping Committee
- ILA Maritime Law Committee (1921)
- ICC and CMI
- The Brussels diplomatic conferences
- The Brussels Convention
- Implementation in the UK
- Other common law countries
- Implementation in the USA
- Civil law countries
- Problems with the Hague Rules
- B Visby Protocol
- C The SDR Protocol
- 16 The Hamburg Rules
- Preliminary Material
- A Background
- B The Hamburg Conference
- C The Hamburg Rules
- Introduction
- Applicable voyages
- Period of application
- Contracting and performing carriers
- Documents covered by the Rules
- Deck cargo
- Issue of a bill of lading
- Carrier liability
- Common understanding
- Fire
- Liability for delay
- Animals
- Multimodal carriage
- Limitation of liability
- Time bar
- Jurisdiction
- Arbitration
- Assessment
- 17 Hybrid Carriage Regimes and the Rotterdam Rules
- 18 The Legal Effect and Interpretation of the Hague and Hague-Visby Rules
- Preliminary Material
- A The Legal Effect of the Hague Rules
- B The Legal Effect of the Hague-Visby Rules
- C Contractual Freedom
- D Interpretation of the Hague and Hague-Visby Rules
- 19 The Scope and Application of the Hague and Hague-Visby Rules
- Preliminary Material
- A Operational Coverage
- B Period of Coverage
- C Carriers
- D Vessels
- E Documents
- F Charterparties and the Rules
- G Cargoes Excluded
- Cargoes under the Rules
- ‘… goods, wares, merchandise, and articles of every kind …’
- Live animals
- Deck cargoes at common law
- Deck cargo and containers
- Deck cargo under the Rules
- Liberty to carry on deck
- ‘Unless the shipper objects’
- The Carriage of Goods by Sea Act and animals / deck cargo
- Deck cargo and charterparties
- Effect of breach by the carrier
- The Chanda
- The Chanda overruled
- Shipper’s consent to on deck carriage
- H Shipment of Particular Goods
- I Additional Responsibilities
- J No Derogation from the Rules
- K Paramount Clauses
- Background
- Form of clause: simple wording
- Entry into force of the Hague-Visby Rules
- General paramount clause
- References to national statute
- Legislative amendments
- Proper law
- Composite clauses
- The Happy Ranger
- The MSC Amsterdam
- Verbal manipulation: The Saxon Star
- Strict approach to manipulation unnecessary
- Effect of incorporation
- Partial incorporation
- Loss or damage
- Seaworthiness
- Due care
- Time bars
- Exceptions
- Nautical fault
- Deviation
- Limitation of liability
- Dangerous cargoes
- 20 The Scope and Application of the Rotterdam Rules
- Preliminary Material
- A Interpretation
- B General Scope of Application
- C Carriers and Other Parties
- D Period of Coverage
- E Transport Documents
- F Volume Contracts
- G Special Cargoes
- H Rights of Control
- Background
- Exercise of the right of control
- Identity of the controlling party
- Exception for non-negotiable transport documents
- Exception for negotiable transport documents
- Exception for negotiable electronic transport documents
- Execution of instructions by the carrier
- Deemed delivery
- Variations to the contract of carriage
- Additional information
- Variation
- I Transfer of Rights
- J Validity of Terms
- K Final Provisions
- Part IV The Responsibilities of the Shipper
- 21 The Shipper’s Common Law Obligations
- Preliminary Material
- A Obligations at Common Law
- B Dangerous Cargoes
- Cargo description
- Statutory regulation
- IMDG Code
- Safety regulations
- Misdeclared cargo
- Details required from the shipper
- Dangerous goods clauses: charterparties
- Dangerous goods clauses: bills of lading
- Common law
- Williams v The East India Company
- Brass v Maitland
- Crompton J’s view initially followed
- The majority view in ascendance
- The majority view confirmed
- Physically dangerous cargo
- Danger in the surrounding circumstances
- Legally dangerous goods
- Knowledge of the shipowner
- The Athanasia Comninos & Georges Chr Lemos
- Excessive risks
- Effect of a breach
- C The Obligation to Nominate a Safe Port
- Commercial background
- Ogden v Graham
- The core safe port obligation
- Implied obligation in charterparties
- The Reborn
- Named or nominated ports or berths
- Safe ports and bills of lading
- Safe berths
- Express voyage charterparty clauses
- Express time charterparty clauses
- Promise not absolute
- Due diligence standard
- Entry through to departure
- Continuing safety
- Timing of the undertaking
- Renomination on port becoming unsafe
- Refusal of nomination
- Waiver of refusal
- Novus actus interveniens
- Unsafety factors: physical risks
- Unsafety factors: political risks
- Port security and piracy
- Effect of temporary obstacles and delays
- Good navigation and competent seamanship
- Abnormal risks
- The Iran-Iraq cases
- The Ocean Victory
- The Ocean Victory in the Supreme Court
- ‘always lie safely afloat’
- Remedies
- 22 Shipper’s Obligations and Immunities under the Hague, Hague-Visby, and Rotterdam Rules
- Preliminary Material
- A Shipper’s Guarantee of Particulars
- B Notice of Loss or Damage
- C Shipment of Dangerous Cargoes
- Article IV, rule 6
- Scope of the provision
- Obligation absolute
- Article IV, rule 6 and the common law
- ‘inflammable, explosive or dangerous nature’
- The Giannis NK
- Whether dangerous if ‘legally’ dangerous
- Article IV, rule 6 and the carriers’ due diligence
- Article IV, rule 6, and the carriers’ due care obligation
- Article IV, rule 6 and article IV, rule 3
- Article IV, rule 6 and the Bills of Lading Act 1855
- D Obligations under the Rotterdam Rules
- 23 Freight
- Preliminary Material
- A The Basic Obligation
- B Freight at Common Law
- C Calculation of Freight
- D Deductions from Freight
- E Advance Freight
- F Lump Sum Freight
- G Pro Rata Freight
- H Back Freight
- I Payment of Freight
- Bill of lading freight
- Charterparty freight
- Freight ‘as per charterparty’
- ‘Freight prepaid’ bills of lading
- ‘Freight prepaid’ under the Rotterdam Rules
- Payment to the shipowner
- Payment to the charterer
- Payment to the master
- Payment to the purchaser of a ship
- Payment to an assignee
- Payment to the mortgagee of a ship
- 21 The Shipper’s Common Law Obligations
- Part V The Obligations of the Carrier
- 24 Seaworthiness and Care for Cargo
- Preliminary Material
- A Historical Background
- B The Common Law Implied Obligation
- C Meaning of Seaworthiness
- Overview
- Structural fitness: loading stage
- Structural fitness: commencement of the voyage
- Equipment
- Cargoworthiness
- Bad stowage
- Manning
- Relevant documentation
- Navigational matters
- Technical equipment on board
- Navigational charts and passage planning
- The CMA CGM Libra
- The ISM Code
- Other regulations and MARPOL
- MARPOL Annex VI
- D Nature of the Obligation
- E Burden of Proof and Causation
- F Effect of Unseaworthiness
- G Express Seaworthiness Clauses
- H Exempting Clauses and Seaworthiness
- I Care for Cargo
- 25 Deviation
- Preliminary Material
- A Meaning
- B Justifiable Deviations
- C Liberty Clauses
- D Effect of Unjustifiable Deviation
- 26 Reasonable Despatch
- 27 The Carrier’s Obligations under the Hague, Hague-Visby, and Rotterdam Rules
- Preliminary Material
- A Issue of Bills of Lading
- Article III, rule 3
- ‘Carrier … master … agent’
- ‘Demand’
- ‘Showing among other things …’
- Leading marks
- ‘Number … quantity … weight’
- ‘Apparent order and condition’
- The Tai Prize
- Reservations
- ‘Said to weigh’
- Reservations and article III, rule 8
- Evidentiary value
- Qualified statements
- Issue of a shipped bill of lading
- B Seaworthiness
- Article III, rule 1
- Origins
- Common law undertaking not applicable
- Extent of the seaworthiness obligation
- Duration of the obligation
- Meaning of ‘due diligence’
- Obligation non-delegable
- Reform
- Carrier responsible only when it controls the vessel
- The Happy Ranger
- No responsibility for other interests
- Latent defects
- The Fjord Wind
- Later defects
- Proof of unseaworthiness
- Claimant’s prima facie case
- Carrier’s response
- Displacement of the carrier’s defence
- Carrier’s further defence
- Overriding effect of article III, rule 1
- C Due Care
- Care of cargo
- Origins
- Relationship with Article III, rule 1
- The proviso
- ‘Properly and carefully’
- Albacora
- Further development
- Volcafe
- ‘Load, handle …’
- FIOS clauses
- Voyage charterparty clauses
- Time charterparty clauses
- ‘… discharge the goods delivered’
- Non-delegable duty
- Proof: The Glendarroch view
- Proof: bailment reasoning
- Reaction
- D Deviation
- E Rotterdam Rules
- Background
- The duty to issue a transport document
- Contract particulars: background
- Contract particulars: traditional requirements
- Qualifying information
- Contract particulars: apparent order and condition
- Contract particulars: further information
- Contract particulars: ancillary information
- Signature
- Deficiencies in the contract particulars
- Evidentiary effect
- The duty to carry and deliver
- ‘… Properly and carefully …’
- FIOS etc
- Seaworthiness
- Liability for loss
- Proof of loss
- Vicarious liability
- Liability of maritime performing parties
- Joint and several liability
- Deviation
- 24 Seaworthiness and Care for Cargo
- Part VI The Rights and Immunities of the Carrier
- 28 Exceptions from Liability under the Hague, Hague-Visby, and Rotterdam Rules
- Preliminary Material
- A Exceptions under the Hague and Hague-Visby Rules
- Background to the Hague and Hague-Visby exceptions
- Article IV, rule 2
- ‘Carrier’
- ‘Ship’
- ‘Loss or damage’
- ‘Act, neglect, or default … in the navigation or in the management of the ship’
- Persons covered
- The Tasman Pioneer
- ‘Navigation … of the ship’
- ‘… Management of the ship’
- Gosse Millerd
- Negligent stowage
- Safety of the vessel
- Barratry
- ‘Fire, unless caused by the actual fault or privity of the carrier’
- Fire and due diligence
- Onus
- Merchant Shipping Act
- ‘Perils, dangers, and accidents of the sea’
- Scope of the peril
- Perils of the sea: successful cases
- Perils of the sea: unsuccessful cases
- Cases arising under the Rules
- Differences of approach
- ‘Act of God’
- Damage must be unforeseen
- ‘Act of war’
- ‘Act of public enemies’
- ‘Arrest or restraint of princes …
- Imminent threat
- Known risks
- Unknown risks
- ‘Quarantine restrictions’
- ‘Act or omission of the shipper or owner of the goods …
- ‘Strikes or lockouts or stoppage or restraint of labour …’
- ‘… or lockouts or stoppage or restraint of labour …’
- No limits on persons
- ‘Riots and civil commotions’
- Civil commotions
- ‘Saving or attempting to save life at sea’
- ‘Wastage
- ‘Insufficiency of packing’
- ‘Insufficiency or inadequacy of marks’
- ‘Latent defects not discoverable by due diligence’
- Difficulty of proof
- Overlap with the duty to exercise due diligence
- ‘Any other cause …’
- Pilferage and theft
- B Exceptions under the Rotterdam Rules
- C Servants and Agents
- 29 Limitation of Liability
- Preliminary Material
- A Background to Limitation
- B Package Limitation: the Hague Rules
- C Package Limitation: the Hague-Visby Rules
- CMI Stockholm Conference 1963
- Declaration of value
- ‘In any event …’
- ‘Loss or damage to or in connection with the goods’
- Limitation amounts: Poincaré francs
- Limitation amounts: SDRs
- Weight limitation
- The amount recoverable
- Containerization
- The Maersk Tangier
- Misconduct
- The alter ego?
- ‘Damage’
- Burden of proof
- Mental element
- Higher but not lower limits
- Misstatements by the shipper
- Limitation and third parties
- Third parties and breaking limitation
- D Package Limitation: the Rotterdam Rules
- E Global Limitation
- F The Convention on Limitation of Liability for Maritime Claims 1976/1996 (LLMC)
- Background
- Implementation in the UK
- Structures to which limitation applies
- ‘Used in navigation’
- Special provisions
- Cargo claims
- Persons entitled to limit: owners
- Charterers
- Qua owner
- Salvors
- Others
- Claims for which limitation is available
- Claims: loss of life, personal injury
- Claims: loss of or damage to property
- ‘… direct connection with the operation of the ship’
- Loss resulting from delay
- Other loss
- Raising, removal, destruction, or rendering harmless of a ship
- Removal, destruction, or the rendering harmless of cargo
- Persons other than the person liable
- Claims: not limited to damages or contract
- Counterclaims
- Claims excepted from limitation
- Claims for salvage
- Oil pollution damage
- Claims by way of indemnity
- Nuclear damage and international conventions or national legislation
- Nuclear damage and shipowners
- Claims by servants of the shipowner or salvor
- Right to limit liability
- Causative act or omission
- The test
- The MSC Rosa M
- The Realice
- Successful cases
- Limitation fund
- General limits
- LLMC 1996 limits
- Revision of limitation amounts
- 2015 limits
- Aggregation of claims
- The APL Sydney
- Limitation actions
- Constitution of a fund
- Limitation: no limitation fund
- Limitation: date of the fund
- Constitution of the fund
- Mechanism for constituting the fund
- Distribution of the fund
- Bars to other actions
- The ICL Vikraman
- English practice
- Special cases of limitation
- Governing law and procedure
- G Conflicts Between Jurisdictions
- 30 Limitation Periods
- Preliminary Material
- A Background
- B Domestic Law Provisions
- C Under the Hague Rules
- D Under the Hague-Visby Rules
- Article III, rule 6
- ‘All liability whatsoever in respect of the goods’
- Contract and tort
- Connection to contractual goods
- The Marinor
- The Stena Pacifica
- ‘Unless suit is brought’ and litigation
- ‘Unless suit is brought’ and arbitration
- ‘Within one year of their delivery or the date when [the goods] should have been delivered’
- Commencement of the period
- The Sonia
- Misdelivery (‘wrong delivery’) claims
- Carrier’s fault as a defence
- Other time bars and the Hague and Hague-Visby time bar
- Extension of time
- Time bar for indemnity claims
- E Under the Rotterdam Rules
- 31 Liens
- Preliminary Material
- A Types of Lien
- B Liens at Common Law
- C Express Contractual Liens Over Cargo: Bills of Lading
- D Express Contractual Liens Over Cargo: Charterparties
- E Liens Over Sub-freights
- F Cesser Clauses
- 28 Exceptions from Liability under the Hague, Hague-Visby, and Rotterdam Rules
- Part VII Charterparties
- 32 Voyage Charterparties
- Preliminary Material
- A Historical Background
- B Charterparty Formation and Construction
- C Standard Form Voyage Charterparties
- D The Preliminary Voyage
- The loading port
- Charterer’s right to nominate
- Timing of nomination
- Ports in geographical range and rotation
- Entitlement to change the nomination
- The Antiparos
- The voyage to the loading port
- Laycan spread
- ‘Now in port’ and similar statements
- Expected ready
- The Monroe v Ryan obligation
- The lay/can
- The Baleares
- Cancellation at common law
- Discharging and the ‘near clause’
- Circumstances in which the clause can be invoked
- Permanent and temporary obstacles
- ‘Always afloat’
- E The Loading Operation
- Division of responsibility
- Charterer’s obligations
- Charterers’ duties in relation to the arrived ship
- Provision of cargo
- Reasonable time to load
- Exception clauses
- Strike clauses and alternative cargoes
- Provision of cargo
- ‘Full and complete cargo’
- Mutuality of obligations
- Shipowner’s option on loading
- Failure to provide cargo
- Universal Cargo Carriers
- Anticipatory breach
- F The Carrying Voyage
- G The Discharging Operation
- 33 Laytime and Demurrage
- Preliminary Material
- A Background
- B Commencement of Laytime
- C The Arrived Ship
- D Charterparty Provisions Shifting the Risk of Delay
- Background
- Clauses designed for specific congested ports
- Berth ‘reachable on arrival’
- ‘Arrival’
- Physical obstruction and congestion
- Congestion alone
- Bad weather
- Possibility of double recovery rejected
- ‘Time lost waiting for a berth to count as laytime’
- Earlier cases
- The Darrah
- ‘Time to count whether in berth or not’ (WIBON)
- Congestion, but not other causes
- The Alpha Glory
- ‘Time to count whether in port or not’ (WIPON)
- E Readiness to Load or Discharge
- Background
- Form of the notice
- Place of notice
- Timing of notice
- Tender of notice before commencement of the laytime
- Invalid notices
- Waiver on discharge: The Happy Day
- Waiver on arrival: The Northgate
- Notice of readiness summarized
- Actual readiness to load
- Physical position
- Overstowed cargo
- Contaminated holds
- The Nikmary
- Condition of the vessel
- Readiness of cargo loading gear
- Legal readiness
- Free pratique and notice of readiness
- The Eagle Valencia
- Free pratique and COVID-19
- Quarantine
- BIMCO Infectious or Contagious Diseases Clause for Voyage Charter Parties
- The ISPS Code
- Readiness and the ISPS Code
- BIMCO ISPS/MTSA Clause for Voyage Charterparties
- Other ISPS clauses
- F Calculation of Laytime
- G Suspension of Laytime
- H Demurrage
- I Damages for Detention
- J Despatch Money
- 34 Time Charterparties
- Preliminary Material
- A Historical Background
- B Standard Form Time Charterparties
- C Undertakings as to the Vessel
- Classification of terms
- Name
- Substitution
- Timing and place of substitution
- Oil majors vetting clauses
- Nationality
- Class on the register
- Class: continuing obligation
- Vessel speed
- ‘In good weather conditions’
- ‘All weather’ warranty
- Legal effect of speed statements
- Continuing speed obligation
- Better performance
- Burden of proof
- Off-hire
- Bunkers
- Cost of bunkering in time charterparties
- Bunker estimates
- Bunker quality
- Sulphur content of bunkers
- Cargo capacity
- Nature of the obligation
- Vessel capacity
- Accuracy of description
- D Delivery
- E Period of Hire
- Standard duration clauses
- Voyage planning and performance
- Clauses for a simple period and ‘about’
- No additional margin or allowance
- Minimum and maximum period
- ‘More or less’
- The Peonia
- ‘Without guarantee’
- Option to renew
- The ‘final terminal date’
- Final voyage orders: ‘legitimate orders’
- Final voyage orders: ‘illegitimate orders’
- F Payment for Hire
- G Right to Withdraw for Non-Payment of Hire
- Background
- Requirements for exercise of right of withdrawal
- Withdrawal for earlier non-payment
- Notice of withdrawal
- Anti-technicality clauses
- Timing of notice
- Form of notice
- Withholding performance
- Waiver of right to withdraw
- Acceptance of part of the hire due
- Grace periods
- Bars to exercise of the right of withdrawal
- Previous late payments
- Equitable relief
- Effect of exercise of right to withdraw
- H The Off-hire Clause
- Background
- Burden on the charterer
- Off-hire events
- ‘… deficiency and/or default and/or strike of officers or crew …’
- ‘damages to hull’
- ‘breakdown … of machinery or equipment’
- ‘grounding’
- ‘detention by the arrest of the Vessel’
- ‘unless … caused by events for which the Charterers, their servants, agents or subcontractors are responsible’
- ‘capture/seizure, or detention or threatened detention by any authority’
- Port security detention
- ‘detention by average accidents’
- ‘Piracy’
- The Eleni P
- Other ‘similar causes’
- ‘Other similar causes whatsoever’
- Off-hire clause independent of breach
- Types of clause outlined
- Period clauses and deprivation of use
- The Berge Sund
- Net loss and deprivation of use
- The Athena
- Cancellation
- Effect of the operation of the off-hire clause
- I Deductions from Hire
- J Employment and Agency Clause
- Background
- Employment of the vessel
- Navigational matters
- The Ramon de Larrinaga
- Voyage orders as employment
- Master’s reasonable duty
- Master’s duty and potential peril
- Employment orders and piracy
- Indemnities for employment orders
- Scope of the express indemnity
- The Kos
- Implied indemnity for employment orders
- Causation
- Vicarious liability
- Agency
- Indemnity for issuing and signing bills of lading
- Inconsistencies with the charterparty
- Indemnity where clean bills of lading signed
- K Liability for Loss or Damage to Cargo
- L The Inter-Club New York Produce Exchange Agreement
- Background
- Origins
- The P&I Clubs
- Legal character
- The scheme of the Agreement
- Cargo claims
- Legal costs
- Carriage documents
- Material amendments
- Properly settled claims
- Choice of forum and incorporation
- Time bar
- The apportionment mechanism
- Unseaworthiness claims
- Loading and stowage claims
- Shortage claims
- Security
- Governing law
- M Redelivery of the Vessel
- 35 Frustration
- Preliminary Material
- A Background
- B Frustration and Contracts of Carriage of Goods by Sea
- C Types of Frustration
- D Factors
- E Burden of Proof
- F Effect of Frustration
- 36 Damages
- Preliminary Material
- A Principles of Contract Damages
- B Principles of Damages in Tort and Bailment
- C Damages for Not Presenting Bills of Lading
- D Damages under International Conventions
- E Damages for Failure to Load Cargo
- F Damages for Failure to Carry Cargo
- G Damages for Delay
- H Damages for Non-delivery of Cargo
- I Deadfreight
- J Damages under a Time Charterparty
- Damages and legitimate last voyage orders
- Damages and illegitimate last voyage orders
- The Gregos
- Early redelivery (underlap) and damages
- The Golden Victory
- The minority view
- Early repudiation but no available market
- Effect of a failure to give notice of early redelivery
- Late redelivery (overlap) and damages
- Late redelivery and recovery of additional losses
- Late redelivery following loss of a fixture
- 32 Voyage Charterparties
- Part I Introduction
- Further Material
- Appendix I Standard Forms
- Appendix II Signatories to Conventions
- International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading [Hague Rules]Brussels, 25 August 1924: [In force 2 June 1931]
- Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading [Visby Protocol]Brussels, 23 February 1968: [In force 23 June 1977]
- Protocol of 1979 to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924, as amended by the Protocol of 1968[SDR Protocol]Brussels, 21 December 1979: [In force 14 February 1984]
- Application of the Hague-Visby Rules by domestic law
- United Nations Convention on the Carriage of Goods by Sea[Hamburg Rules]Hamburg, 31 March 1978: [In force 1 November 1992]
- United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea[Rotterdam Rules]Rotterdam, 23 September 2009: [Not in force]
- Index
- [100.25.42.211]
- 100.25.42.211
