Appendix 7

A

Actual total loss

marine insurance 420

Ad hoc arbitration 592–2 Air, carriage of goods

see International carriage of goods by air

Air waybills

bills of lading, distinguished from 317 negotiability 317

Alternative dispute resolution (ADR) see also Arbitration; Mediation expert determination 610 ombudsman schemes 610

American Arbitration Association 590 Ancillary jurisdiction 501

co-defendants 501–4 counterclaims 505 third parties 504–5

Animals

Hamburg Rules and 273

Arbitration 482, 585

see also Arbitration agreements; Arbitration awards

advantages 589

ad hoc arbitration 591–2 applicable substantive law 595–7 carriage of goods by rail 349 carriage of goods by road 370–1 challenging awards 598–602

point of law 598–602 serious irregularity 602 substantive jurisdiction 602

characteristics 585–90 CMR 370–1

English law, under 592–604 applicable substantive law 595–7 stay of court proceedings 597–8

foreign arbitral awards 604–7 Hamburg Rules 295–6 institutional arbitration 590–1

international commercial contracts ad hoc arbitration 591–2 institutional arbitration 590–1

legislation 592–5

Warsaw Convention 329–31

Arbitration Act 1996 586 mandatory provisions 594–5 severability 595

Arbitration agreements

confidentiality of proceedings 587–8 freedom to choose arbitrator 587 freedom to choose institutional

arbitration 587 separability 587

Arbitration awards 590 challenging awards 598–604 finality of award 589 foreign awards 604–7

Arrival contracts 30

CIF contracts, distinguished from 30

Asset recovery 645–50 Assignment

clauses prohibiting 475 marine insurance 415

Avoidance 82–3

B

Back-to-back credits 455 Bailment 183–4, 375, 378–9

Baltic and International Maritime Council 154 BIFA standard trading conditions

applicability 381 applicable law 383 background 381 consignors’ liabilities 383

freight forwarders’ liabilities 382

freight forwarders’ responsibilities 381–2 freight forwarders’ rights 382–3 jurisdiction 383

time limits 383

C

C&F contracts 34

INCOTERMS and 34–5

Carriage of Goods by Sea Act 1971 167–70 Carriage of Goods by Sea Act 1992

contractual rights 181

electronic data interchange 189–95 imposition of liabilities 185 property passing 181

rights of suit 181 transfer of rights 181–5

freight 292

general average 292 Hamburg Rules 292–4 indemnity from shippers 294 liability amounts 293

liability limits 292–3, 303, 304, 319–20, 324 limitation period 294

loss of liability limits 293, 303, 321–3 Rotterdam Rules 299

Centre for Effective Dispute Resolution 611, 619

Carriers’ immunities

act of authorities and quarantine 236 act of God 235

act of war, public enemies, and riots 235–6 act or omission of shipper 236

catch-all exceptions 238 defective packaging 237 fire 234–5

latent defects 237 lock outs 236 negligence 232–4 perils of the sea 235

saving life or property 237 strikes 236 unseaworthiness 232

wastage and inherent vice 237

Carriers’ responsibilities and liabilities carriage by air 318–24

carriage by rail 343–5

carrier liability 277–89, 318–19, 362 carriers’ exceptions 289

carriers’ rights 292, 299 CIM Rules 343–5

contracting out 291–2, 314–15, 343, 356–7 definition of carrier 274, 299

documentary responsibilities 275–7, 302, 315–17, 340–2, 357–9

loss or damage 360 payment of interest 321

period of responsibility 274–5, 319, 360 provision of roadworthy vehicles 360 Rotterdam Rules 299, 300–2

Carriers’ rights

calculation of liability 293, 303 carriage by rail 345–6

carriage by road 364–5 CIM Rules 345–6 demurrage 292

Chamber of Shipping 154 Charterparties 154

bills of lading 163

categories of charterparty 155–6 common law 154–5

common law immunities 161

common law implied obligations 156–61 English contract law 154

types

demise charterparties 156 time charterparties 155–6

voyage charterparties 155, 156–61 usual express terms 161–3

Choice of forum arbitration 295–6 carriage by air 325–9 carriage by rail 349 CIM Rules 349 Hamburg Rules 295–6

judicial proceedings 295 Rotterdam Rules 304 Warsaw Convention 325–9

Choice of law 528

see also Proper law of contract; Rome I

Regulation consumer contracts 553–6

contracts for the carriage of passengers 556–7

contractual obligations 528 employment contracts 557–60 English public policy 548–52

criminal law and 550 ‘innocent’ illegality 550

express choice 531–4 implied choice 534–7 insurance contracts 561–4 mandatory rules

overriding interests 548–52

688 |

proper law 531–45

closest connection 537–45 express choice 531–4 implied choice 534–7

restitutionary obligations 567–8 Rome I Regulation 528

Rome II Regulation 567–8 torts 565–7

types of contract 553–64

Choice of law clauses 60 CIF contracts

arrival contracts, distinguished from 30 bill of lading 15–17, 425

buyers’ duties 27–9, 32–3 import licences 27

naming port of destination 27 payment against documents 26 taking delivery 27

buyers’ remedies defective goods 29–30

failure to deliver goods 28–9

failure to tender valid documents 28–9 late shipment 29

late tender 29

right of rejection 27–8 choice of destination 27

duality of obligations of seller 11 duty to procure and prepare 15 generally 7–8

import licences 27 INCOTERMS

buyers’ obligations 32–3 sellers’ obligations 31–2

insurance

amount of cover 17–18 policy 18–19

type of cover 17–18 invoices 15

judicial definition 8–10 licences 19–22

marine insurance contracts 402, 404, 425 payment against documents 26

passing of property 23–5 passing of risk 25–6 remedies 22–3, 27–9 sale of documents

duality of obligations of seller 11–12 judicial support 11

INDEX

sellers’ duties 12–15, 31–2 ‘as soon as possible’ 14 breach 13

description of goods 12–13 notice of appropriation 14 packaging 13

port of shipment 14 time of shipment 12

sellers’ remedies action for price 22

damages for non-acceptance 22 right of losing lien 22–3

taking delivery 27

tender of documents 20–1 transfer of risk 25–6 variants of a CIF contract 30

CIM Rules 337

see also International carriage of goods by rail

carriers’ responsibilities and liabilities 343–5

carriers’ rights 345–6 choice of forum 349 combined transport 339

consignees’ responsibilities and rights 347–8

consignment notes 340–1 consignors’ responsibilities and rights

346–7 contracting out 343

documentary responsibilities 340–2 electronic data interchange 342 evidential value of consignment

notes 341 interpretation 338

judicial proceedings 348–9 modification of contracts 348 scope 338–9

status of carrier 339 time limitation 349

Civil jurisdiction

ancillary jurisdiction 501–5 co-defendants 501–4 counterclaims 505

third parties 504–5 Brussels I Regulation 484–7

consumer contracts 510, 513–17 defendant’s domicile 487–91

offences 642–5

preventative measures 651–3 whistleblowers 646

Council of Europe

computer misuse 136–141 cybercrime convention 136–7 procedural aspects of cybercrime

investigation 141–7

Council of Europe Cybercrime Convention 136–7, 190

aiding and abetting 140 categories of offence 137 child pornography 140 computer-related forgery 139 computer-related fraud 139 confidentiality 137–9 copyright 140

corporate liability 140–1 integrity 137–9 Internet, use of 140

investigation of computer misuse 146–7 penalities 141

Cybercrime

see Computer misuse

D

Damages

see also Remedies defective goods 29–30

failure to deliver goods 28–9

failure to tender valid documents 28–9

Hamburg Rules 290 justifications for 203–4 liberty to deviate clauses 204 marine insurance and 417–18 Rotterdam Rules 301 seaworthiness of vessel 204

shipowners’ implied obligations 203–6

Discrimination

choice of law 559, 560 employment contracts 518 UNCITRAL Model Law on Electronic

Signatures 124

Dispute resolution 481

see also Arbitration; Mediation

Brussels I Regulation 484–7 European judgments 570–7 external judgments 577–83 jurisdiction 487–91 ordinary contracts 492–8

submission by appearance 491–2

Documents of title

bills of lading as 173–4

Documentary bills 436–7

Documentary credit transactions 439–42 Documents

see also Tender of documents linkage of 450–1

tender 20–1, 26

Double insurance 413–15 Due dispatch 203

Dangerous goods 185, 207, 392

Hague-Visby Rules 248 Hamburg Rules 294

obligation not to ship 161, 207 obligation to inform shipowner 206 Rotterdam Rules 301

senders’ responsibilities and rights 365 shippers’ duties and immunities 248–50 voyage charterparties 161

Warsaw Convention 324

Data protection 100, 102, 132 Defective goods 29 Defendant’s domicile

see Civil jurisdiction

Demise charterparties 156 Deviation

conditions of contract 203–6 Hague-Visby Rules 229–31, 237

E

EC Model Law

see UNCITRAL Model Law on Electronic

Commerce

EC Regulation on the Law Applicable to Contractual Obligations

see Rome I Regulation

Electronic bills of lading

BOLERO project 111, 166, 189, 194–5 CMI Rules 192–5

SEADOCS 192

terms and conditions 193

Electronic commerce 100, 147–8 see also UNCITRAL Model Law on

Electronic Commerce

electronic data interchange (EDI) 103–4 economic factors 103

electronic signatures 103, 108, 111, 118

EU Directive on E-Commerce 97, 112–15 contractual matters 114

Free Movement of Services 113–14 implementation 115

liability of third party service providers 114–15

transparency provisions 113–14 European Initiative on Electronic

Commerce 103

Framework for Electronic Commerce (US) 102–3

harmonisation of laws 97

International Chamber of Commerce 112 Internet 100, 102

issues for policy makers EU 103

international policy 102–3 policy considerations 101

regulatory aspects of Internet 101–3 self-regulation 102

‘unproductive activities’ 101

UN Convention on the Use of Electronic Communications in Electronic Contracts 115

functional equivalence 117

relationship to other instruments 117–18 scope 116

time and place of dispatch and receipt 117 UNCITRAL Model Law on Electronic

Commerce 97, 104

Electronic Communications Act 2000 132 Electronic data interchange 103–4

advantages of electronic documents 189 carriage by air 317–18

carriage by rail 342 carriage by road 359

Carriage of Goods by Sea Act 1992 189–95 CIM Rules 342

CMR 359

Warsaw Convention and 317–18

Electronic signatures 103, 108, 111, 118 applicability of Model Law 125–6 cross-border recognition 129–30 Electronic Communications Act 132 Electronic Signatures Regulation 131

EU Directive on Electronic Signatures 130 functional equivalence 124 harmonisation 123

interpretation of Model Law 125

Model Law on Electronic Signatures 122–30 nature 126–7

nature of electronic signatures 126–7 non-discrimination 124

party autonomy 124

reliability of electronic signatures 126–7 responsibility of parties 127–9 technology neutrality 124

UNCITRAL 122–3

Electronic Signatures Regulation 2000 131 Electronic transactions

see also Electronic signatures computer misuse 132–47

Electronic Communications Act 2002 132 security aspects 121

Employment contracts choice of law 557–60 civil jurisdiction 517–19 discrimination 518

English Law

arbitration under 592–604 applicable substantive law 595–7 stay of court proceedings 597–8

developments in mediation 614–15

EU Directive on E-Commerce 97 contractual matters 114 definition of e-commerce 112 free movement of services 113 implementation 115

third party liability 114–15 transparency provisions 112–13

European judgments

Brussels I Regulation 570 enforceability abroad 571–2 enforcement of judgments 570–7 grounds for refusal of recognition and

enforcement 573 public policy proviso 574

recognition of judgments 570–7

European law

EU Directive on E-Commerce 97 112–15 principles of contract law 92–3

Evidence admissibility 146

handling of electronic evidence 146

Ex works

carriage of goods 7 collection of goods 6 INCOTERMS 7

insurance cover 7 letters of credit 432–3

licences (export and import) 7 packing goods for export 6, 7 sales contracts 6

Exclusions (common law) act of God 208

act of queen’s enemies 208 inherent vice 208

Exclusions (English law) 208–9 arrest of restraint of princes 209 fire 210

hostilities and riots 209 latent defects 210 perils of the sea 209 strikes 209–10

Export insurance policies 474 Export licences

FOB contracts 42–3

Express terms charterparties and

applicable law clauses 163 arbitration clauses 163 bills of lading 163 cancellation clauses 161 demurrage clauses 162–3

exemption from liability clauses 163 expected ready to load clauses 161–2 introductory clauses 161 jurisdiction clauses 163 laydays/laytime 162

seaworthiness 163 specific cargo 162

voyage charterparties 161–3

Express warranties marine insurance 417

F

FAS contracts (free alongside ship) buyers’ duties 46–7

costs 46

delivery of goods 45 description of goods 45 INCOTERMS 45, 45–6, 46–7 insurance 46

invoices 45 licences 46

notice to buyer 46 preparation of documents 45

proof of delivery 46 risk 46

sellers’ duties 45–6

FIATA bills 383–4 applicability of terms 384

consignors responsibilities 385 freight forwarders’ responsibilities and

liabilities 384–5 freight forwarders’ rights 385 time limits 385

United Nations Convention on International Multimodal Transport of Goods 386–8

Fire

bills of lading 210 Hague-Visby Rules 234–5 Hamburg Rules 290

FOB contracts (free on board) 35–7 additional services 44

buyers’ duties 40–2 buyers’ remedies 42 delivery 39

INCOTERMS 45–6, 46–7 licences 42–3

notifying buyer of shipment 39 passing of property 43

passing of risk 44

payment of handling and transportation costs 37

payment of price 41 secure shipping space 40 sellers’ duties 37–40 sellers’ remedies 40 shipment of goods 37

variants of an FOB contract 44

Foreign judgments

see also European judgments

Administration of Justice Act 1920 577 Civil Jurisdiction and Judgments Act

1982 578 common law 577

corporation as respondent 580–1 enforcement regimes 577–83 enforcement in the UK 577 European judgments 570–7

Foreign Judgment (Reciprocal Enforcement) Act 1933 577

indirect jurisdiction over non-resident 579, 581

personal judgment 579

arbitration 329–31 carriers’ liability 318–24

documentary responsibilities–17 electronic data interchange 317–18 Guaralajara Convention 1963 311 Guatamala Protocol 1973 311 interpretation of the Warsaw

Convention 312 judicial proceedings 325–9 legal instruments 309–12

Montreal Additional Protocol No. 4 311, 317, 323

Montreal Additional Protocols Nos. 1–3 311 Montreal Convention 331–5

scope of the Warsaw Convention 312–14 Warsaw Convention 1929 310–17

International carriage of goods by rail 337–50

application of CIM 338–9 combined transport 339 status of carrier 339

carriers’ responsibilities and liabilities documentary formalities 345 liability amount 344–5

liability for loss, damage, and delay 343–4

period of responsibility 343–4 carriers’ rights 345–6

consignees’ responsibilities and rights charges 347–8

delivery 347–8

modification of contracts 348 consignors’ responsibilities and rights

choice of route and transit 347 customs documents 346 loading operations 346 modification of contracts 347 packaging of goods 346 payment of charges 346–7

contracting out 343 documentary responsibilities

consignment notes 340–1 evidential value 341–2 examination and verification 342

electronic data interchange 342 interpretation of CIM 338 proceedings

against whom 348 by whom 348

choice of forum 349 time limitation 349

International carriage of goods by road 352

carriers’ liability and rights availability of limitation 364 carriers’ rights 364–5

‘cash on delivery’ 362 liability amount 362–3

liability for loss, damage, and delay 360–2

loss of limitation of liability 364 period of responsibility 360 roadworthy vehicles 360

consignees’ rights and responsibilities freight and supplementary charges 367 modification of contracts 367

contracting out 356–7

Convention on the International Carriage of Goods by Road (CMR) 352

documentary responsibilities 357–9 electronic data exchange 359 future of CMR 372

interpretation of CMR by English courts 352–3

proceedings 367–71 against whom 368 arbitration 370–1 by whom 367 jurisdiction 368–70

time limitation 371–2 scope of application of CMR

combined transport 354–6 senders’ responsibilities

choice of route 366 customs formalities 366 dangerous goods 365

modification of contracts 366 packaging 365–6

International Centre for Settlement of Investment Disputes (ICSID) 591

International Chamber of Commerce (ICC) 97

electronic commerce 112 institutional arbitration 585 letters of credit 476 multimodal transport 375

International commercial contracts arbitration 590–2

698 |

open accounts 432–3

opening letters of credit 458–60 performance bonds 470–1 standby letters of credit 471–3 strict compliance 447–50 tender of documents 461–3 types of letters of credit

anticipatory credits 458 back-to-back credits 455–6 confirmed credit 455 green clause credits 458

irrevocable unconfirmed credit 453–5

red clause credits 458 revocable credit 451 revolving credits 458 transferable credits 456–7

variation 460 waivers 460

Lex mercatoria 481, 585–97 Liability

availability of limitation 239–42, 364 calculation of liability 243–5, 362–3 carrier liability 277–89, 362

CMR 362

common law immunities 161 Hague-Visby Rules 138–47 Hamburg Rules 277–89 limitation of liability 238–47 loss of limitation 245, 364

lost of damaged goods 161, 238–9 Rotterdam Rules 302

time limitation 245–7

Licences 19–20

see also Export licences; Import licences failure to obtain 20

FOB contracts 46 responsibility 20

Lien

bills of lading 214

London Court of International Arbitration 586

Losses

see also Marine insurance actual total loss 420 constructive total loss 420–1 marine insurance 420–1 partial loss 421

total loss 420

INDEX

M

MAR policy 424 Marine insurance

see also Marine insurance contracts;

Marine insurance law institute cargo clauses 421–5 liability of insurer

actual total loss 420 constructive total loss 420–1 proximate causation 418–19 partial loss 421

total loss 420

types of losses 419–21 principles of

assignment 415

double insurance 413–14 insurable interest 412–13 subrogation 413–14 uberrimae fidei 407–12 utmost good faith 407–12

Marine Insurance Act 1906 402 Marine insurance contracts

nature of contracts 402–3 obtaining cover 403–4 payment of premiums 405 scope 402–3

types of losses 419–21 types of policy

floating policies 407 open cover 407 time policies 405

unvalued policies 406 valued policies 406 voyage policies 405

Marine insurance law assignment 415 deviation 417–18 disclosure 408–10 double insurance 414 express warranties 417

implied warranties 416–17 insurable interest 412–13 liability of insurers 418 proximate causation 418–19 subrogation 413–14

types of losses 419–21 uberrimae fidei 407–12 utmost good faith 407–12 warranties 416–17

O

Obligations of shipowner deviation 203–206

due dispatch 203 negligence 206 seaworthiness 198–202

Obligations of shipper 206–7 common law exceptions 208 contractual exceptions 208 freight 212

lien 214

responsibility for loading 211 Rotterdam Rules 302 shipowners’ immunities 207–8

OECD Convention on Corruption bribery 634–5

enforcement 636

liability of legal persons 635 money laundering 637 sanctions 635

Open accounts 432–3 Ordinary contracts 492–8

see also Choice of law closest connection 537–45

criminal prohibitions 549–50 express choice 531–4 implied choice 534–7 overriding interests 551–2 place of performance 543–4 public policy (UK) 548–52

Rome I Regulation referring to 548 severance 534

Proximate causation 418–19 Public policy

choice of law and 548–52

Q

Quarantine

carriers’ exceptions 209, 236

Hague-Visby Rules 258, 313

R

Rail, carriage of goods

see International carriage of goods by rail

700 |

Receipts

bills of lading as 167

Red clause credits 458

Regulation of Investigatory Power Act 134–5

Remedies

action for price 22 buyers’ remedies

CIF contracts 27–30 FOB contracts 42

damages 22, 28–30 defective goods 29–30 failure to deliver goods 28–9

failure to tender valid documents 28–9 if seller unpaid 22

late shipment 29 late tender 29

right of rejection 27–8 right of resale 23 sellers’ remedies

CIF contracts 22–3 FOB contracts 40

stopping goods in transit 23 Vienna Convention 82–9

Restitution

Vienna Convention 82–4

Restitutionary obligations

Rome II Regulation 567–8

Restraint of princes contractual exceptions 209

Revocable credits 451–3 Rights

Bills of Lading Act 1855 177–8 goods shipped in bulk 178–9 implied contracts 179

intention to transfer property 178 parties to a bill of lading 177 right to sue 178–9

special contracts 179 tort liability 180

Risk

factoring 474–6 forfeiting 476

insurance contracts 561–4 insurance for non-payment 474 letter of credit 432–73

of non-payment 473–6 property passing and 25 shipment 25–6

INDEX

Road, carriage of goods

see International carriage of goods by road

Rome I Regulation

see also Choice of law; Proper law of contract

carriage of passenger 556–7 closest connection 537–45 conflict rules 530 consumer contracts 553–6 contractual obligations 528

criminal prohibition 549–50

deferring to national public policy (UK) 548–9

employment contracts 557–60 exclusions 529–30

existence of a contract 545–6 express choice 531–4 formalities 546

implied choice 534–7 performance 547 scope 529

validity of a contract 545

Rome II Regulation

restitutionary obligations 567–8 torts 565–7

Rotterdam Rules 296

carriers’ responsibilities, liabilities, and rights 299–302

choice of forum 304 contracting out 303 delivery 305

documentary responsibilities 302 innovative provisions 305–6 liability limits

calculation of liability 303 loss of liability limits 303 time limitation 304

obligations of shipper 302 rights of control 305 scope 297–9

shippers’ liabilities 302 transfer of rights 305–6

S

Safe ports

voyage charterparites 156–60

SEADOCS scheme 192–5 Search and seizure 142–4

breach of contract 202

cargoworthiness, distinguished from 191–2 definition 191

establishing seaworthiness under common law 201

implied warranties 416–17 shipowners’ obligations 198–202

Sellers’ duties

Vienna Convention 76–7

Sender’ responsibilities and rights

see also Consignors’ responsibilities and rights

carriage by road 365–6 dangerous goods 365 packing 365

customs formalities 366 modification of contract 366

Settlement agreements 620–1 Shipowners

see Charterparties

Shippers’ duties and immunities accuracy of particulars 294 dangerous goods 248–50, 294 delivery for loading 247 Hague-Visby Rules 250–1 Hamburg Rules 294–5 shippers’ guarantees 247–8

Simultaneous actions see Civil jurisdiction

Standard trade terms 3 abbreviations 6

C&F contracts 34 INCOTERMS 34–5

CIF contracts 7–30 INCOTERMS 30–3

ex works 6–7

FAS contracts 44–5 FOB contracts 35–44

INCOTERMS 45–47 INCOTERMS 2000 48 INCOTERMS 2010 47–8, 49

Standby letters of credit 471–2 Stay of court proceedings

arbitration 597–8

Strict compliance 447–50 Strikes

contractual exceptions 208, 209–10 Hague-Visby Rules 236

Subrogation

marine insurance 413–14

T

Technical surveillance 142–4 Technological advances

Framework for Electronic Commerce (US) 102–3

Internet 101–3 regulatory measures 101 security issues 121–2 self-regulation 102

Tender of documents 20–21 place of tender 22

time for tender of documents 21

Time charterparties 155–6 Torts

claims 498–501

Rome II Regulation 565–7

Total loss

marine insurance 420

Trade terms

see Standard trade terms

Transfer of rights 181–4 Transferable credits 456–7

U

UNCAC

abuse of public office 644 asset recovery 645–50 bribery 642, 643 embezzlement 642

illicit enrichment 644 implementation 650–1 intention 643 investigations 645 money laundering 643 obstruction of justice 643 offences 642

proceeds of crime 643 trading in influence 644

UN Convention on the Use of Electronic Communications in Electronic Contracts 115–118

functional equivalence 117

relationship to other instruments 117–18 scope 116

time and place of dispatch and receipt 117

background 104–6 carriage of goods 110–12 evidential issues 108

formation of contract 108–10 harmonisation 104–6 principles 105–6 requirements of form 107–8 scope 106

validity of contracts 108–9

UNCITRAL Model Law on Electronic Signatures 122–30

applicability 125–6

cross-border recognition 129–30 functional equivalence 124 harmonisation 123 interpretation 125

nature of electronic signature 126–7 non-discrimination 124

party autonomy 124

reliability of electronic signature 126–7 responsibilities of parties 127–9 technology neutrality 124

Uniform Law on International Sales (ULIS) 60

Uniform Law on the Formation of International Sales (ULFIS) 60

United Kingdom interpretation of CMR 352–3

interpretation of Hague-Visby Rules 218–20 interpretation of Warsaw Convention 312 ratification of the Vienna Convention 61–2

United Nations Commission on International Trade Law (UNCITRAL) 60

Hamburg Rules 269

Model Law on Electronic Commerce 97, 104 Model Law on International Commercial

Arbitration 592, 620–1

United Nations Convention on the Use of Electronic Communications in International Contracts 97, 115

functional equivalence 117

relationship to other instruments 117–18 scope 116–17

time and place of dispatch 117 time and place of receipt 117

United Nations Conference on Trade and Development (UNCTAD) 268

FIATA bills 386–8 utmost good faith 407–12

V

Vienna Convention 60 application

auction sales 67 consumer transactions 67 lex mercatoria 66 made-to-order goods 67 place of business 65

private international law 62 buyers’ obligations 77–80 choice of law clauses 69–70 contract formation 73–6 criticisms of 60–3

damages 88–9 exclusion issues 68–9 exemptions 89

fundamental breach 82–4 interest on arrears 86–7

International Institute for the Unification of Private Law (UNIDROIT) 60, 89–92

interpretation 71–3 legal uncertainties 63 party autonomy 69–70 passing of risk 80–2

principles of European contract law 92–3 remedies 82–9

restitution 82–4 scope 64–8

sellers’ obligations 76–7 specific performance 84–6 structures and features 63 trade usage 71

UK ratification 61–3

Voyage charterparties 155 implied obligations

dangerous goods 161 safe ports 156–61

W

Waivers

letters of credit 460

Warranties

marine insurance 415–17