
- •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

Overview
Corrupt practices in the form of bribes and kickbacks (part of an income paid to a person having influence over the size and/or payment of the income by some illegal arrangement) are common phenomena in the world of international business. Such practices result in market distortions and increase the financial costs of doing business, thus undermining business performance. Businesses engaging in corrupt practices also expose themselves to reputational risks that seriously undermine their attractiveness as a business partner.
Realising the harmful effects of corruption, both in economic and social terms, regional and international organisations, such as the Organisation for Economic Cooperation and Development (OECD) and the United Nations (UN), among others, have adopted anti-corruption conventions both in the business and wider context. Chapter 21 examines the conventions drafted by the OECD and the UN with a view to seeing how far these conventions can play a role in reducing corruption and considers the mechanisms that the private sector can adopt to improve their business integrity. A brief account is also provided of the United Kingdom (UK) Bribery Act 2010 and, in particular, focuses on its novel provision in section 7 aimed at promoting integrity in the business sector.
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