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Vol 21 No 11 Nov/Dec 2016

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Third Parties' Rights and Liabilities under Bills of Lading

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Edited by: Filippo Lorenzon

ISBN13: 9780415745802
To be Published: September 2017
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £220.00



As transport speed increases and global trade intensifies, contracts for the carriage of goods and attendant relationships are becoming ever more complex. This timely publication brings together expert contributions from around the globe, looking both at the theoretical background of the bill of lading as well as its application in practice today. With third party involvement at an all-time high, this text also discusses the difficult question of third party rights and liabilities under a number of different jurisdictions. Covering English, US and EU law, this work provides a comparative and authoritative source of information for maritime lawyers worldwide.

Throughout the course of the text, the authors examine a number of contemporary issues and debates including:

  • Conflict of laws
  • Clauses on arbitration, jurisdiction and adjudication
  • The incorporation of charterparty terms into bills of lading
  • Carriers' liability for the inclusion of misleading statements in cargo documents
  • Delivery without presentation of a transport document
  • Security interests in goods under transport
  • The law applicable to multimodal carriage
This is an essential text for all those involved in the research and practice of international trade and the carriage of goods by sea.

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Subjects:
Shipping, Transport and Maritime Law
Contents:
Part 1: Setting the scene
1. Third parties, bills of lading and the conflict of laws Professor Yvonne Baatz
2. Third parties and the UK Contracts (Rights of Third Parties) Act 1999 Dr Ozlem Gurses
3. Third Party Claims Handling in the USA - NVOCCs and Himalaya clauses Mr Mike Butterworth
4. Clauses on arbitration, jurisdiction and adjudication by internal bodies of associations when rights are transferred to third parties Dr Kristina Siig

Part 2: Bills of lading, their functions and third parties
5. Standard Charter Bank v Dorchester [2013] EWHC 808 (Comm): Bills of Lading and third parties rights, the Trade Perspective Dr Andrea Lista
6. Possessor of bill of lading not being holder Professor Paul Todd
7. Incorporation of charterparty terms into bills of lading held by third parties Professor Martin Davies
8. Carriers' liability towards third parties for misleading statements in cargo documents Professor Trond Solvang
9. Delivery without presentation of a transport document Anders Møllmann

Part 3: Bills of lading: quirks and quagmires
10. Third parties’ liabilities in bill of lading contracts Filippo Lorenzon
11. SIML: Claims for freight etc on the receiver Professor emeritus Erling Selvig
12. SIML: Security interests in goods under transport Professor Erik Røsæg
13. Third parties, bills of lading and the law applicable to multimodal carriage Ellen Eftestøl-Wilhelmsson
14. Third parties rights and multimodal transport documents Dr Simone Lamont-Black