PART Ⅰ DRY SHIPPING 1
1 THE COMMERCIAL BACKGROUND 3
INTERNATIONAL SALES OF GOODS 3
Payment against documents 3
Transfer of risk on loading 4
THE FOUR FUNCTIONS OF THE BILL OF LADING 5
Receipt 5
Document transferring constructive possession 6
Document of title 7
A potentially transferable carriage contract 8
CONTRACTS OF CARRIAGE 8
The bill of lading 8
The voyage charterparry 9
Contracts for the use of the vessel-time charters 10
MODIFICATIONS TO THE TRADITIONAL CARRIAGE CONTRACT MODEL 10
Use of documents other than the bill of lading 11
Implied contracts 12
Expansion of the contractual service from pure sea carriage 13
Containerisation 14
THE CARGO CLAIM ENQUIRY 15
Does the claimant have title to sue the defendant? 15
If the claimant does have title to sue,can it bring an action against the defendant in the English courts? 16
Has the loss or damage occurred during the period for which the carrier was responsible for the goods? 17
If loss is established during the relevant period,what is the defendant's responsibility for it? 17
If the defendant is responsible for the loss,how will damages be assessed? 17
2 TITLE TO SUE 18
EXPRESS CONTRACTS ON LOADING 18
The voyage charterparty 19
The bill of lading 21
Sea waybills 23
Straight bills 24
Electronic documentation 25
IMPLIED CONTRACTS ON LOADING 27
Shipowner's bill or charterer's bill? 30
Identity of carrier clauses 32
Shipowner's position when a charterer's bill is issued 34
THIRD-PARTY RIGHTS UNDER THE INITIAL CARRIAGE CONTRACT AT COMMON LAW AND IN EQUITY 35
Agency 36
The Contracts(Rights of Third Parties)Act 1999 37
Trust 38
Suit by the shipper 38
Assignment 39
Implied contract 39
STATUTORY TRANSFER-THE BILLS OF LADING ACT 1855 AND THE CARRIAGE OF GOODS BY SEA ACT 1992 40
The 'old' regime-the Bills of Lading Act 1855 40
The 'new' regime-the Carriage of Goods by Sea Act 1992 41
Claimants outside the Carriage of Goods by Sea Act 1992 49
NON-CONTRACTUAL ACTIONS 50
Bailment 50
Negligence 54
Other torts 63
3 PROVING LOSS OR DAMAGE IN TRANSIT 66
THE EVIDENTIAL HIERARCHY OF BILL OF LADING STATEMENTS 68
BILL OF LADING STATEMENTS AND CONTRACTUAL ACTIONS AGAINST THE CARRIER 69
The common law position 69
Statutory modifications under the Hague and Hague-Visby Rules 73
TORT ACTIONS AGAINST THE CARRIER 77
Vicarious liability and Grant v Norway 78
ACTIONS AGAINST THE PERSON WHO ACTUALLY SIGNED THE BILL OF LADING 79
4 THE TERMS OF THE BILL OF LADING CONTRACT 81
COMMON LAW LIABILITY OF SEA CARRIERS 81
Exceptions clauses and implied obligations 82
EXPRESS TERMS 84
The effect of general incorporation clauses 84
Construing a charter clause in a bill of lading context 85
Construing exceptions clauses 86
IMPLIED TERMS 88
Seaworthiness 88
The obligation to take reasonable care of the cargo 97
The obligation to proceed on the contract voyage without deviating 98
5 STATUTORY TERMS OF THE BILL OF LADING CONTRACT 103
THE HAGUE AND HAGUE-VISBY RULES 103
THE AMBIT OF THE RULES 103
Mandatory application 104
Voluntary incorporation 111
Contracting out 112
Third-party reliance on the Rules 118
THE CONTENT OF THE RULES 119
The carrier's duties under Art Ⅲ 119
The carrier's defences under Art Ⅳ 124
The one-year time limit-Art Ⅲ(6)and(6)bis 130
The package limitation 134
Containers 135
Loss of the right to limit 139
Shipper's liability under the Rules 140
6 THE FUTURE? THE HAMBURG RULES AND THE ROTTERDAM RULES 143
THE HAMBURG RULES 143
Ambit of operation 144
Who is liable? 144
Period of responsibility 145
Basis of liability 146
Deck cargo 147
Package limitation 147
Time bar 148
Bar on contracting out 148
Jurisdiction 148
Evidential status of shipping documents 149
THE ROTTERDAM RULES 150
Chapter One-general provisions 151
Chapter Two-scope of application 154
Chapter Three-electronic communication 155
Chapter Four-obligations of the carrier 155
Chapter Five-liability of the carrier for loss,damage,or delay 156
Chapter Seven-obligations of the shipper 161
Chapter Eight-transport documents and electronic transport records 163
Chapter Nine-delivery of the goods 167
Chapter Ten-rights of the controlling party 169
Chapter Eleven-transfer of rights 171
Chapter Twelve-limits of liability 173
Chapter Thirteen-time for suit 173
Chapter Fourteen-jurisdiction 174
Chapter Fifteen-arbitration 175
Chapter Sixteen-validity of contractual terms 176
Chapter Seventeen-matters not covered by this Convention 177
Chapter Eighteen-final clauses 178
7 COMBINED TRANSPORT 179
UNIMODAL SEA CARRIAGE 179
'Received for shipment' bills of lading 179
Trans-shipment-'through' bills of lading 180
'COMBPNED' OR 'MULTIMODAL' TRANSPORT 181
Document of title? 181
Competing conventions 183
'Network' and 'uniform' solutions 183
The 1980 Multimodal Convention 184
8 CARRIAGE BY ROAD-CMR 186
MANDATORY APPLICATION OF THE CMR 186
THE IDENTITY OF THE CONTRACTING PARTIES 188
The sender 188
The consignee 188
The carrier 188
Successive carriers 189
THE CONTRACT DOCUMENTS 190
Information to be included in the consignment note 190
Carrier's duty to check particulars in consignment note 191
Contractual status of consignment note 191
Non-compliance with Arts 6-9 191
TERMS OF THE CONTRACT 192
Contracting out 192
The primary defences 194
The secondary defences 195
MEASURE OF DAMAGES 197
Package limitation 197
JURISDICTION AND TIME LIMITS 198
9 CHARTERPARTIES 200
INTRODUCTION 200
THE TYPES OF CHARTER 200
Voyage charters 200
Time charters 201
Hybrids-the 'trip charter' 202
The interest conferred by a charterparty 202
Matters common to both types of charter 202
CHARTERERS' ORDERS 203
Employment,as opposed to navigational,matters 204
Causation 205
Relationship with other charter provisions 205
The bill of lading 206
Type of cargo to be loaded 215
Permitted ports 215
SHIPOWNERS' OBLIGATIONS IN GETTING TO THE LOAD PORT 221
Reasonable dispatch 221
Statements as to vessel's position and expected readiness 221
The cancellation clause 223
10 VOYAGE CHARTERPARTIES-PAYMENT OF FREIGHT 225
WHAT IS FREIGHT? 225
Set-off 225
WHEN AND WHERE IS IT PAYABLE? 226
SPECIAL CLAUSES 227
The 'deemed earned' clause 228
The 'near' clause 228
BY WHOM IS IT PAYABLE? 229
REMEDIES FOR NON-PAYMENT 232
The nature of a lien 232
Exercising a lien 233
11 VOYAGE CHARTERS-LAYTIME AND DEMURRAGE 236
CALCULATING THE AVAILABLE LAYTIME 237
WHEN IS CHARTERER'S DUTY TO LOAD OR DISCHARGE TRIGGERED? 238
Giving notice of readiness 239
The termination point of the approach and carrying voyages 241
'Wibon' and 'time lost' clauses 244
Reachable on arrival 244
SUSPENDING LAYTIME-LAYTIME EXCEPTIONS 246
Construing exceptions clauses 246
Port charter exceptions while waiting for berth 248
Fault of the shipowner 248
THE SHIPOWNER'S REMEDIES FOR DELAYS IN LOADING AND DISCHARGE-DEMURRAGE 249
Laytime exceptions and demurrage 251
Demurrage and other breaches of charter 252
12 TIME CHARTERS 254
THE SHIPOWNER'S RIGHT OF WHHDRAWAL 254
Late payment 255
Underpayment-charterers' rights to make an 'equitable' set-off 256
LOSS OF TIME UNDER A TIME CHARTER-'OFF-HIRE' 258
Inefficiency of the vessel 258
Off-hire events 259
Time deductible following an off-hire event 260
Other remedies for delay 262
REDELIVERY 263
13 DAMAGES AND FRUSTRATION 265
DAMAGES 265
Tort and contract compared 265
Contractual measure of damages 266
Applying the contractual rules on remoteness to cargo claims 266
Charterparty claims and damages 270
FRUSTRATION 272
What amounts to frustration? 272
The effect of breach 274
The consequences of frustration 274
PART Ⅱ WET SHIPPING 277
14 COLLISIONS 279
VICARIOUS LIABILITY 279
Tugs and tows 280
Pilots 281
STANDARD OF CARE 281
CAUSATION 284
APPORTIONMENT OF LIABILITY 285
DAMAGES 287
STATUTORY LIABILITY 289
TIME BAR 290
JURISDICTION 290
15 SALVAGE 292
THE SOURCES OF SALVAGE LAW 292
WHAT PROPERTY CAN BE SALVED? 294
Maritime property 294
The requirement of danger 296
WHAT ARE THE GEOGRAPHICAL LIMITS OF SALVAGE? 298
WHO CAN BE A SALVOR? 298
Contractual duties 299
Public duties 300
Self-interest 301
WHAT SERVICES QUALIFY FOR SALVAGE? 302
The general rule of 'no cure,no pay' 302
Oil pollution 304
The SCOPIC clause 307
WHAT PRINCIPLES GOVERN THE RELATIONSHIP BETWEEN SALVOR AND SALVEE? 308
The parties bound by the signing of a salvage agreement 309
Setting aside a salvage agreement 310
The effect of negligence 311
Termination of the salvage services 313
Post-termination services 315
HOW IS ANY SALVAGE AWARD CALCULATED? 315
Salved values 315
Fixing the award 319
Apportioning the award between salvors 320
WHAT REMEDIES ARE AVAILABLE TO SALVORS? 321
Security for the claim 321
Time bar 322
HOW DO SALVAGE PRINCIPLES APPLY TO WRECK? 322
Statutory powers of wreck removal 323
THE 2007 NAIROBI INTERNATIONAL CONVENTION ON THE REMOVAL OF WRECKS 323
16 GENERAL AVERAGE 325
EXTRAORDINARY SACRIFICES AND EXPENSES 326
Sacrifices 326
Expenses 328
VOLUNTARINESS 332
TIME OF PERIL 332
COMMON SAFETY 333
FAULT 333
VALUING LOSSES AND ASSESSING CONTRIBUTORY VALUES 334
Sacrifices 334
Expenditure 335
Contributory values 335
RIGHTS AND REMEDIES OF THE INTERESTS INTER SE 336
THE YORK ANTWERP RULES 2004 337
17 MARINE POLLUTION 339
THE CLC 339
Strict liability 340
Geographical ambit 342
Defences 342
'Channelling' of liability 343
Limitation of liability 343
Compulsory insurance 344
Time limits 345
Jurisdiction 345
THE FUND 345
The Fund's liability 346
Defences available to the Fund 346
Limitation 347
Time limits 347
Subrogation 347
Jurisdiction 348
NON-TANKER OIL SPILLS 348
The 2001 Bunker Oil Pollution Convention 348
HAZARDOUS AND NOXIOUS SUBSTANCES(HNS)POLLUTION 349
Liability 350
Geographical ambit 350
Shipowners' defences 351
Limitation 351
Compulsory liability insurance 352
Jurisdiction 352
Time bars 352
The HNS Fund 353
The Protocol to the HNS Fund 353
PART Ⅲ JURISDICTION,CHOICE OF LAW,SECURITY AND LIMITATION 355
18 JURISDICTION AND APPLICABLE LAW 357
JURISDICTION OF THE ENGLISH HIGH COURT 357
Jurisdiction under the Judgments Regulation(EC 44/2001) 358
Domestic sources of jurisdiction 369
SUBSEQUENT CHALLENGE TO JURISDICTION BY THE DEFENDANT 385
Articles 27 and 28 of the Judgments Regulation-lis alibi pendens 386
Stays and arbitration proceedings 398
Section 34 of the Civil Jurisdiction and Judgments Act 1982 398
APPLICABLE LAW 399
Contract 399
Tort 404
19 SECURITY AND INTERIM RELIEF 407
ARREST 407
Priorities 409
Effect of a stay on provision of security 410
THE FREEZING ORDER 412
The elements of a domestic freezing order 413
'Worldwide' freezing orders 416
OTHER INTERIM RELIEF 418
Security for the defendant's costs 418
Inspection of property 418
Anti-suit injunctions 419
20 LIMITATION OF LIABILITY 422
WHO CAN LIMIT? 422
WHICH CLAIMS ARE SUBJECT TO LIMITATION? 423
WHICH CLAIMS ARE NOT SUBJECT TO LIMITATION? 424
HOW CAN THE RIGHT TO LIMIT BE LOST? 425
HOW IS THE LIMITATION FIGURE CALCULATED? 426
Fund A-claims arising out of death and personal injury 426
Fund B-all other claims 427
The 1996 Protocols 427
Fund A-claims arising out of death and personal injury 428
Fund B-all other claims 428
JURISDICTION 428
OTHER LIMITATION REGIMES 430
Index 431