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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Bills of Lading Incorporating Charterparties

ISBN13: 9781849466790
Published: December 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00
Paperback edition not yet published, ISBN13 9781509913770

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Vessels very frequently serve under a long chain of charterparties and sub-charterparties. When this is the case, the legal issues are more convoluted than they might at first seem. Incorporation clauses are commonplace in bills of lading used in the tramp trade due to the desire to make this web of contracts back-to-back.

The extent to which the terms of the referred charterparty can be carried across the bill of lading has, over the centuries, been hotly disputed in many jurisdictions. Entirely dedicated to the topic of the incorporation of charterparty terms into bills of lading, this book discusses and analyses the legal and practical issues surrounding this topic under English and US law.

Through discussions on the incorporation of a wide range of different charterparty terms, the book combines the peculiar and sophisticated rules of incorporation with the legal and practical issues concerning shipping, international trade, arbitration and conflict of laws and jurisdiction.

Shipping, Transport and Maritime Law
1. The Law Governing the Incorporation Issue
2. Choosing the Charterparty to be Incorporated
3. Giving Effect to the Words of Incorporation
4. The Operative Words of Incorporation
5. The Consistency Test