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Bills of Lading Incorporating Charterparties

By (author) Melis OEzdel
Format: Hardback
Publisher: Bloomsbury Publishing PLC, Oxford, United Kingdom
Imprint: Hart Publishing
Published: 29th Jan 2015
Dimensions: w 156mm h 234mm d 16mm
Weight: 526g
ISBN-10: 1849466793
ISBN-13: 9781849466790
Barcode No: 9781849466790
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Synopsis
Vessels very frequently serve under a long chain of charterparties and sub-charterparties. When this is the case, the legal issues are more convoluted than they might at first seem. Incorporation clauses are commonplace in bills of lading used in the tramp trade due to the desire to make this web of contracts back-to-back. The extent to which the terms of the charterparty referred to can be carried across to the bill of lading has, over the centuries, been hotly disputed in many jurisdictions. Entirely dedicated to the topic of the incorporation of charterparty terms into bills of lading, this book discusses and analyses the legal and practical issues surrounding this topic under English and US law. Through discussions on the incorporation of a wide range of different charterparty terms, the book combines the peculiar and sophisticated rules of incorporation with the legal and practical issues concerning shipping, international trade, arbitration and conflict of laws and jurisdiction.

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The author's effort to extract the principles from court decisions of both the English and the US jurisdictions and compare them is commendable -- Dr Aleka Mandaraka Sheppard, Chartered Arbitrator and Mediatorn London Shipping Law Centre * The Journal of International Maritime Law *