- •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 |