- •Table of Cases
 - •Table of Statutes
 - •Table of Statutory Instruments
 - •Table of European Legislations
 - •Table of Statutes and Other Instruments
 - •Table of Abbreviations
 - •Preface
 - •Introduction
 - •Overview
 - •1 Standard Trade Terms
 - •Introduction
 - •Ex works
 - •CIF contracts
 - •CIF contracts under INCOTERMS 2010
 - •C&F contracts
 - •C&F and INCOTERMS
 - •FOB contracts
 - •Variants of an FOB contract
 - •FAS contracts
 - •Conclusion
 - •Further reading
 - •2 The Vienna Convention on the International Sale of Goods 1980
 - •Introduction
 - •The Vienna Convention
 - •Conclusion: Recent international initiatives
 - •Further reading
 - •Overview
 - •Introduction
 - •Policy considerations, e-commerce and international regulatory measures
 - •Electronic data interchange (EDI) and interchange agreements
 - •UNCITRAL model law on e-commerce
 - •Other international initiatives – the International Chamber of Commerce
 - •The EU directive on e-commerce
 - •The United Nations Convention on the use of electronic communications in international contracts
 - •Conclusion
 - •Further reading
 - •Introduction
 - •Electronic signatures and UNCITRAL
 - •The EU directive on electronic signatures and the UK legislation: Electronic Communications Act 2000 and the Electronic Signatures Regulation 2002
 - •Electronic medium and computer misuse
 - •Conclusion: a bright future for e-commerce?
 - •Further reading
 - •Overview
 - •Introduction
 - •Types of charterparties
 - •Common law implied obligations in a voyage charterparty
 - •Common law immunities
 - •Usual express terms
 - •Conclusion
 - •Further reading
 - •6 Bills of Lading
 - •Introduction
 - •Nature of a bill of lading
 - •Rights and liabilities of consignee/endorsee
 - •The Carriage of Goods by Sea Act 1992
 - •Bills of lading and fraud
 - •Electronic data interchange (EDI) and the Carriage of Goods by Sea Act 1992
 - •Conclusion
 - •Further reading
 - •7 Bills of Lading and Common Law
 - •Introduction
 - •Implied obligations on the part of the shipowner
 - •Implied obligations on the part of the shipper
 - •Common law exceptions
 - •Contractual exceptions
 - •Other terms in bills of lading
 - •Conclusion
 - •Further reading
 - •Introduction
 - •Limitation of liability
 - •Scope of application
 - •Contracting out
 - •The future
 - •Further reading
 - •9 The Hamburg Rules and the Rotterdam Rules
 - •Introduction
 - •The Hamburg Rules
 - •Scope of application
 - •The Rotterdam Rules (The UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea)
 - •Conclusion
 - •Further reading
 - •10 International Carriage of Goods by Air
 - •Introduction
 - •The Warsaw system
 - •Approach to interpretation of the Warsaw Convention in the English courts
 - •Scope of application of the Warsaw Convention (unamended and amended versions)
 - •Contracting out
 - •Documentary responsibilities
 - •Air waybill and negotiability
 - •Electronic data interchange (EDI) and the Warsaw regime
 - •Carrier liability
 - •Proceedings
 - •The Montreal Convention
 - •Further reading
 - •11 International Carriage of Goods by Rail
 - •Introduction
 - •Interpretation of the CIM
 - •Scope of application
 - •Documentary responsibilities
 - •Electronic data interchange (EDI) and the CIM rules
 - •Contracting out
 - •Proceedings
 - •Conclusion
 - •Further reading
 - •12 International Carriage of Goods by Road
 - •Introduction
 - •Interpretation of the CMR by the English courts
 - •Scope of application
 - •Contracting out
 - •Documentary responsibilities
 - •Electronic data interchange (EDI) and the CMR
 - •Proceedings
 - •CMR – the future
 - •Further reading
 - •13 International Multimodal Transport
 - •Introduction
 - •Freight forwarder – agent or principal?
 - •Fiata negotiable multimodal bill of lading
 - •Conclusion
 - •Further reading
 - •Overview
 - •14 Marine Insurance
 - •Introduction
 - •Scope and nature of marine insurance contracts
 - •Principles of marine insurance law
 - •Warranties on the part of the insured – implied and express
 - •Deviation
 - •Liability of insurer
 - •Institute cargo clauses (A), (B) and (C)
 - •Conclusion
 - •Further reading
 - •15 Letters of Credit
 - •Introduction
 - •Open account
 - •Bills of exchange
 - •Documentary bill
 - •Letters of credit
 - •Performance bonds/guarantees and standby letters of credit
 - •Other means of minimising risk of non-payment
 - •Conclusion
 - •Further reading
 - •Overview
 - •16 Civil Jurisdiction
 - •Introduction
 - •Submission by appearance
 - •Ordinary contracts
 - •Tort claims
 - •Ancillary jurisdiction
 - •Jurisdiction clauses
 - •Simultaneous actions
 - •Interim relief
 - •Conclusion
 - •Further reading
 - •17 Choice of Law
 - •Introduction
 - •The proper law – express choice
 - •The proper law – implied choice
 - •The proper law – closest connection
 - •Particular issues
 - •English public policy and overriding mandatory rules
 - •Certain particular types of contract
 - •Torts and restitutionary obligations
 - •Conclusion
 - •Further reading
 - •18 Foreign Judgments
 - •Introduction
 - •European judgments
 - •External judgments
 - •Conclusion
 - •Further reading
 - •19 Arbitration
 - •Introduction
 - •Characteristics
 - •Arbitration in international commercial contracts
 - •Arbitration under English law
 - •Foreign arbitral awards
 - •Conclusion
 - •Further reading
 - •Introduction
 - •International developments
 - •Developments in England
 - •Features and associated issues
 - •Mediation online
 - •The EU Directive on mediation in civil and commercial matters
 - •Conclusion
 - •Further reading
 - •Overview
 - •21 Fighting Corruption in International Business
 - •Introduction
 - •The OECD Convention
 - •The OECD and the UK Bribery Act 2010
 - •The UNCAC
 - •Business codes of conduct
 - •Conclusion
 - •Further reading
 - •Appendix 7
 - •Index
 
Table of Abbreviations
AAA  | 
	American Arbitration Association  | 
ACDC  | 
	Australian Commercial Disputes Centre  | 
ACICA  | 
	Australian Centre for International Commercial Arbitration  | 
ADR  | 
	alternative dispute resolution  | 
ADR Rules  | 
	ICC ADR Rules, ICC Publication 809  | 
Amended version  | 
	Warsaw Convention as amended by the Hague Protocol 1955  | 
BA  | 
	Bribery Act 2010  | 
BALTIME  | 
	Baltic and International Maritime Conference Uniform Time Charter  | 
BEA  | 
	Bills of Exchange Act 1882  | 
BIFA  | 
	British International Freight Association  | 
BIMCO  | 
	Baltic and International Maritime Council  | 
C&F  | 
	cost and freight  | 
CBI  | 
	Confederation of British Industries  | 
CEDR  | 
	Centre for Dispute Resolution  | 
CEFIC  | 
	Conseil Européen des Fédérations l’Industrie Chimique  | 
CIF  | 
	cost, insurance, freight  | 
cif & c&t  | 
	cost, insurance, freight and commission and interest  | 
cif & e  | 
	cost, insurance, freight and exchange  | 
cif & c  | 
	cost, insurance, freight and commission  | 
CIM Rules  | 
	Uniform Rules Concerning the Contract for the International Carriage of  | 
  | 
	Goods by Rail  | 
CIP  | 
	carriage and insurance paid to  | 
CISG  | 
	Convention on International Sales of Goods 1980  | 
CMA  | 
	Computer Misuse Act 1990  | 
CMI  | 
	Comité Maritime International  | 
CMI Rules  | 
	CMI Rules for Electronic Bills of Lading 1990  | 
CMR  | 
	Convention on the International Carriage of Goods by Road 1956  | 
COD  | 
	cash on delivery  | 
COE Convention  | 
	Council of Europe Convention on Cybercrime 2003  | 
Conciliation Law  | 
	Model Law on International Commercial Conciliation 2003  | 
Conditions  | 
	Standard Trading Conditions 2005(a)  | 
Convention  | 
	New York Convention on the Recognition and Enforcement of Foreign  | 
  | 
	Arbitral Awards  | 
COTIF  | 
	Convention Internationale sur le Transport de Marchandises par chemin  | 
  | 
	de fer  | 
CPT  | 
	carriage paid to  | 
DAF  | 
	delivered at frontier  | 
DDP  | 
	delivered duty paid  | 
DDU  | 
	delivered duty unpaid  | 
DEQ  | 
	delivered ex quay  | 
lxxviii | TABLE OF ABBREVIATIONS
DES  | 
	delivered ex ship  | 
DTI  | 
	Department of Trade and Industry  | 
EC Model Law  | 
	UNCITRAL Model Law on Electronic Commerce 1996  | 
ECE  | 
	United Nations Economic Commission for Europe  | 
ECHR  | 
	European Convention on Human Rights 1950  | 
E-commerce  | 
	electronic commerce  | 
E-Commerce Directive  | 
	Directive 2000/31/EC on Certain Legal Aspects of Information Society  | 
  | 
	Services in Particular Electronic Commerce in the Internal Market  | 
EC Convention  | 
	United National Convention on the Use of Electronic Communications  | 
  | 
	in International Contracts  | 
EDI  | 
	electronic data interchange  | 
EDIFACT  | 
	United Nations Electronic Data Interchange for Administration, Com-  | 
  | 
	merce and Transport  | 
ES Directive  | 
	Directive 1999/93/EC on a Community Framework for Electronic  | 
  | 
	Signatures  | 
ES Model Law  | 
	UNCITRAL Model Law on Electronic Signatures 2001  | 
eUCP  | 
	Electronic Transmission Supplement Uniform Customs and Practices for  | 
  | 
	Documents Credits  | 
Factoring Convention  | 
	UNIDROIT Convention on International Factoring 1988  | 
FAS  | 
	free alongside ship  | 
FATF  | 
	Financial Action Task Force  | 
FCA  | 
	free carrier  | 
FCPA  | 
	Foreign Corrupt Practices Act  | 
FERTICON  | 
	Chamber of Shipping Fertilisers Charter  | 
FIATA  | 
	International Federation of Freight Forwarders Associations  | 
FIATA Bill  | 
	FIATA Negotiable Multimodal Transport Bill of Lading  | 
FOB  | 
	free on board  | 
FOBs  | 
	FOB stowed  | 
FOBST  | 
	FOB stowed and trimmed  | 
FOBT  | 
	FOB trimmed  | 
FOR  | 
	free on rail  | 
FOSFA  | 
	Federation of Oils, Seeds and Fats Associations  | 
FOT  | 
	free on truck  | 
GAFTA  | 
	Grain and Feed Association  | 
GAMA  | 
	Global Arbitration and Mediation Association  | 
GATT  | 
	General Agreement on Tariffs and Trade  | 
Guide  | 
	Guide to Enactment of the UNCITRAL Model Law on Electronic  | 
  | 
	Commerce  | 
GUIDEC  | 
	General Usage for International Digitally Ensured Commerce  | 
Hague Rules  | 
	Brussels International Convention for the Unification of Certain Rules  | 
  | 
	Relating to Bills of Lading, Brussels, 1924  | 
Hague-Visby Rules  | 
	Brussels Protocol revising the Hague Rules in 1968  | 
Hamburg Rules  | 
	Convention on the International Carriage of Goods by Sea, Hamburg,  | 
  | 
	1978  | 
ICAO  | 
	International Civil Aviation Organization ICC International Chamber of  | 
  | 
	Commerce  | 
ICSID  | 
	International Centre for Settlement of Investment Disputes  | 
IETF  | 
	Internet Engineering Task Force  | 
IFF 1984  | 
	Institute of Freight Forwarders Conditions 1984  | 
TABLE OF ABBREVIATIONS | lxxix
ILA  | 
	International Law Association  | 
INCOTERMS  | 
	International Rules for the Interpretation of Trade Terms  | 
Instrument  | 
	Preliminary Draft Instrument on the Carriage of Goods by Sea  | 
INTERTANKO  | 
	International Association of Independent Tanker Owners  | 
ISBP  | 
	International Standard Banking Practice  | 
ISO  | 
	International Standards Organisation  | 
ISP 98  | 
	International Standby Practices 1998  | 
ISPs  | 
	Internet Service Providers  | 
IT  | 
	information technology  | 
LCIA  | 
	London Court of International Arbitration  | 
Legislative Provisions  | 
	UNCITRAL Model Law on International Commercial Conciliation 2002  | 
LJ  | 
	Law Journal  | 
LR  | 
	Law Review  | 
MIA  | 
	Marine Insurance Act 1906  | 
Montreal Convention  | 
	Montreal Convention 1999  | 
Montreal4  | 
	Montreal Additional Protocol No 4, 1995  | 
MT Convention  | 
	United Nations Convention on International Multimodal Transport of  | 
  | 
	Goods 1980  | 
Multimodal Convention  | 
	United Nations Multimodal Convention 1980  | 
NAI  | 
	Nederland Arbitrage Instituut  | 
New York Convention  | 
	New York Convention on the Recognition and Enforcement of Foreign  | 
  | 
	Arbitral Awards 1958  | 
NORGRAIN 89  | 
	North American grain charterparty issued by the Association of Shipbro-  | 
  | 
	kers and Agents (USA) Inc  | 
NYPE  | 
	New York Produce Exchange  | 
ODETTE  | 
	Organisation for Data Exchange by Teletransmission in Europe  | 
OECD  | 
	Organisation for Economic Co-operation and Development  | 
OREVOY  | 
	Baltic and International Maritime Conference standard ore charterparty  | 
OTIF  | 
	Inter-governmental Organisation for International Carriage by Rail  | 
Ottawa Convention  | 
	UNIDROIT Convention on International Factoring  | 
PACE  | 
	Police and Criminal Evidence Act 1984  | 
PGP  | 
	Pretty Good Privacy  | 
PIN  | 
	Personal Identification Numbers  | 
ppi  | 
	policy proof of interest  | 
R89(9)  | 
	Recommendation 89(9) on computer related crime  | 
R95(13)  | 
	Recommendation 95(13) on computer related crime  | 
RCCEB  | 
	Rules of Conduct to Combat Extortion and Bribery  | 
Receivables Convention  | 
	UN Convention on the Assignment of Receivables in International Trade  | 
  | 
	2001  | 
Regulation  | 
	EC Regulation 44/2001 on Jurisdiction and the Recognition and  | 
  | 
	Enforcement of Judgments in Civil and Commercial Matters  | 
RIP  | 
	Regulation of Investigatory Powers Act 2000  | 
Rome Convention  | 
	EC Convention on the Law Applicable to Contractual Obligations  | 
ro-ro  | 
	roll on, roll off  | 
Rotterdam Rules  | 
	UN Convention on Contracts for the International Carriage of Goods  | 
  | 
	Wholly or Partly by Sea  | 
SDR  | 
	Special Drawing Right  | 
SEC  | 
	Securities and Exchange Commission  | 
SFO  | 
	British Serious Fraud Office  | 
lxxx | TABLE OF ABBREVIATIONS
SG policy  | 
	Ships and goods policy  | 
SITPRO  | 
	Simplification of International Trade Procedures  | 
SPs  | 
	States Parties  | 
SSL  | 
	Secure Sockets Layer  | 
Standby Convention  | 
	United Nations Convention on Independent Guarantees and Standby  | 
  | 
	Letters of Credit 1995  | 
TANKERVOY 87  | 
	Tanker voyage charterparty 1987  | 
TI  | 
	Transparency International  | 
UCP  | 
	Uniform Customs and Practice for Documentary Credits 500  | 
UCP 600  | 
	Uniform Customs and Practice for Documentary Credits 600  | 
ULFIS  | 
	Uniform Law on the Formation of International Sales  | 
ULIS  | 
	Uniform Law on International Sales  | 
UN  | 
	United Nations  | 
UN/EDIFACT  | 
	United Nations Electronic Data Interchange for Administration, Com-  | 
  | 
	merce and Transport  | 
Unamended version  | 
	Warsaw Convention 1929  | 
UNCID  | 
	Uniform Rules of Conduct for Interchange of Trade Data by Teletrans-  | 
  | 
	mission 1987  | 
UNCITRAL  | 
	United Nations Commission on International Trade Law  | 
UNCITRAL convention  | 
	UN Convention on International Bills of Exchange and International  | 
  | 
	Promissory Notes 1988  | 
UNCITRAL Rules  | 
	UNCITRAL Conciliation Rules 1980  | 
UNCTAD  | 
	United Nations Conference on Trade and Development  | 
UNCTAD/ICC Rules  | 
	Rules for Multimodal Transport Documents 1992  | 
UNECE  | 
	United Nations Economic Commission for Europe  | 
UNESCO  | 
	United Nations Educational, Scientific and Cultural Organization  | 
UNIDROIT  | 
	International Institute for the Unification of Private Law  | 
UNIDROIT Principles  | 
	UNIDROIT Principles for International Commercial Contracts  | 
UNODC  | 
	United Nations Office on Drugs and Crime  | 
URC  | 
	ICC’s Uniform Rules for Collections  | 
URDG  | 
	Uniform Rules for Demand Guarantees  | 
Vienna Convention  | 
	Convention on International Sales of Goods 1980  | 
WIPO  | 
	World Intellectual Property Organisation  | 
WTO  | 
	World Trade Organization  | 
