- •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
FURTHER READING |
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contained in the record preserved by such other means’. Provisions in respect of jurisdiction where cargo claims are involved are no different from the Warsaw regime.
The liability limits are also dealt with sensitively. Although the liability limits for cargo purposes were no different from the Warsaw regime, set at 17 SDRs per kilogram, using the Art 24 provision in the Montreal Convention, which enables periodic review at five-year intervals, the limits have recently been increased to 19 SDRs per kilogram. The flexibility introduced by Art 24 introduces a degree of realism into the instrument.
The Montreal Convention will apply to carriage by air where the place of departure and place of destination are situated in two contracting states. So, carriage by air from the UK to Switzerland (both contracting states) will be subject to the Montreal Convention, but a carriage from a contracting to a non-contracting state (e.g., from the UK to Ethiopia) will not attract its application. However, according to Art 1(2), a carriage within a single contracting state (a round trip originating in a contracting state) with an agreed stopping place in another state, even if it is a non-contracting state, will come within the ambit of the Montreal Convention.
The Montreal Convention has so far received well over 80 ratifications, and there is no doubt that, over time, it will come to replace the Warsaw regime in its entirety. Nevertheless, decisions under the Warsaw regime will continue to play a role in the future in aiding the interpretation of those provisions of the Montreal Convention that are similar, if not identical, to those found in the Warsaw system.
Further reading
Batra, ‘Modernization of the Warsaw system – Montreal 1999’ (2000) 65 Journal of Air Law and Commerce 429.
Buff, ‘Reforming the liability provisions of the Warsaw Convention: does the IATA Intercarrier Agreement eliminate the need to amend the Convention?’ (1997) 20 Fordham International LJ 1768.
Christy, ‘Changes in international air cargo: Montreal Protocol No 4 attains force of law’ (1999) 5 ILSA Journal of International and Comparative Law 531.
Caplan, ‘The modernisation of the Warsaw Convention: the threat from ICAO’ (1997) 5(9) International Insurance LR 267.
Clarke and Yates, Contracts of Carriage by Land and Air, 2008, Informa.
Giemullaw, Schmid, Muller-Rostn, Dettling-Ott & Margo (eds) Montreal Convention, 2006, Wolters Kluwer (looseleaf).
Grant, ‘The Unfair Terms in Consumer Contracts Regulations and the IATA General Conditions of Carriage – a United Kingdom consumer’s perspective’ [1998] JBL 123.
Jones, ‘The US ratifi es Montreal Protocol No 4: a commentary’, available at www.forwarderlaw
.com.
Mankiewicz, The Liability Regime of the International Air Carrier, 1981, Kluwer.
Mauritz, ‘Current legal developments: the ICAO International Conference on Air Law, Montreal, May 1999’ [1999] Air and Space Law 153.
Mendelsohn and Lieux, ‘The Warsaw Convention Article 28: the doctrine of forum non conveniens and the foreign plaintiff’ (2003) 68 Journal of Air Law and Commerce 75.
Miller, Liability in International Air Transport, 1977, Kluwer. Palmer, On Bailment, 2009, Sweet & Maxwell.
Rueda, ‘The Warsaw Convention and electronic ticketing’ (2002) 67 Journal of Air Law and Commerce 401.
Shawcross and Beaumont, Air Law, loose leaf (3 vols) 1977, Lexis Nexis Butterworths. Whalen, ‘The new Warsaw Convention: the Montreal Convention’ [2000] Air and Space Law 17.