This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 11th International Colloquium, held at Swansea Law School in September 2015. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding international sale and carriage contracts.
The book is set out in three parts:
- Part I offers a detailed and critical analysis on emerging issues and unresolved questions in international sales and the carriage contracts affected to facilitate such sales.
- Part II critically and thoroughly analyses the legal issues that often arise in the context of security over goods, letters of credit and similar documents.
- Part III is dedicated to a critical and up-to-date discussion on matters concerning cargo insurance in this context.
With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in international trade and carriage of goods.
Table of Contents
Part 1: Contemporary Issues in International Sale Contracts
1. What Is A Reasonable Contract of Carriage for CIF/CIP purposes? – Section 32(2) of the Sale of Goods Act 1979
2. Slow Steaming Clauses and International Sale Contracts: A Successful Marriage?
[Dr Theodora Nikaki]
3. Laytime and Demurrage in CIF and FOB Contracts
[Professor Simon Baughen]
Part 2: Carriage and Sales
4. "Who’s Doing What and for Whom?" Recent Developments on Delegated Contractual Performance
[Simon Rainey QC]
5. Consignees’ Rights under the Rotterdam Rules
[Professor Michael F. Sturley]
6. Consignees' Rights in European Legal Systems
7. Discrepant Declarations about Containerised Goods "… in the middle of a chain reaction"
[Professor Olivier Cachard]
8. Letter of Indemnity against Delivery without Bill of Lading
[Professor Richard Williams]
9. The Rising Tide of Paperless Trade: Analyzing the Legal Implications
[Dr Miriam A. Goldby]Part 3: Payment and Security
Part 3: Payment and Security
10. Economic Sanctions and Letters of Credit in International Transactions
[Damian Honey and Michael Buffham]
11. Islamic Letters of Credit – Square Peg in a Round Hole
[Professor Jason Chuah]
12. Do I Want My Documents back? A Documentary Credit Dilemma
13. Lending on Waybills and Other Documents- Banker’s Dream or Financier’s Nightmare
[Professor Andrew Tettenborn] Part 4: Contemporary issues in Cargo Insurance
Part 4: Contemporary issues in Cargo Insurance
14. Cargo Insurance and open Covers
[Peter MacDonald Eggers QC]
15. The ICC Transit Clause- Developments and Faultlines
[Sara Cockrill QC]
16. Insuring Cargoes in the New Era- Impact of the Insurance Act 2015 on Standard cargo Clauses/Wordings
[Professor B. Soyer]
Barış Soyer is Professor of Commercial and Maritime Law, and Director of the Institute of International Shipping and Trade Law at Swansea University.
Andrew Tettenborn is Professor of Commercial Law at the Institute of International Shipping and Trade Law at Swansea University.
'Mr Rainey’s analysis...is masterly.
...it would be difficult to find a clearer picture of a notoriously complex part of the Rotterdam Rules than the one painted by Professor Sturley.
...these pages will provide guidance and perspective both to practising and academic lawyers bent on an orderly analysis of this complex area of business.'
Charles Debattista, Journal of International Maritime Law