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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 charterparty referred to can be
carried across to 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.
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 charterparty referred to can be
carried across to 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.
The title 'Commercial Maritime Law' is a misnomer. There is a
patchwork of different commercial maritime laws around the world.
However, the title is a true reflection of what many legal scholars
and practitioners in the field have long desired: a common
framework of commercial maritime law. This book unravels the
complexities of bridging the gap between common law and civil law
and will discuss whether the title will remain a misnomer despite
the countless attempts at harmonisation. Internationally renowned
legal scholars and practitioners discuss herein the areas in which
the common law and civil law are divided; the impact of these
differences on the drafting and ratification of international
conventions; the search for a common framework; and the procedural
aspects of the common law and civil law divide embedded within
commercial maritime law.
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