Third Parties' Rights and Liabilities under Bills of Lading

The bill of lading is a crucial document in international trade, and this book provides a comprehensive and comparative analysis of its legal framework. It covers English, US, and EU law and discusses contemporary issues such as conflict of laws, arbitration, jurisdiction, and adjudication. It is an essential text for maritime lawyers and anyone involved in the research and practice of international trade.

Format: Hardback
Length: 500 pages
Publication date: 01 January 2021
Publisher: Taylor & Francis Ltd

As transportation velocity surges and global trade intensifies, the intricacies of contracts for the conveyance of goods and the accompanying relationships grow increasingly intricate. This timely publication assembles insightful contributions from experts across the globe, exploring both the theoretical underpinnings of the bill of lading and its practical application in contemporary practice. Given the heightened involvement of third parties, this text also delves into the challenging realm of third party rights and liabilities under various jurisdictions. Spanning English, US, and EU law, this comprehensive work serves as a valuable comparative and authoritative resource for maritime lawyers worldwide.

Throughout the text, the authors examine a range of contemporary issues and debates, including:

Conflict of laws: The authors delve into the complexities of applying different legal systems to maritime contracts, particularly in cases where multiple jurisdictions are involved.

Clauses on arbitration, jurisdiction, and adjudication: They explore the inclusion of arbitration clauses and jurisdictional provisions in bills of lading, as well as the mechanisms for resolving disputes in international trade.

The incorporation of charterparty terms into bills of lading: The authors examine how charterparty terms are incorporated into bills of lading and the implications for carriers, shippers, and other parties involved in the transportation process.

Carriers' liability for the inclusion of misleading statements in cargo documents: They analyze the legal responsibilities of carriers when false or misleading information is included in cargo documents, such as shipping manifests or bills of lading.

Delivery without presentation of a transport document: The authors examine the legal implications of delivering goods without the proper transport document, including the potential risks and liabilities for carriers and shippers.

Security interests in goods under transport: They explore the legal mechanisms for securing and protecting the interests of parties involved in the transportation of goods, including the use of security agreements and other legal instruments.

The law applicable to multimodal carriage: The authors examine the legal framework governing multimodal transportation, where goods are transported using multiple modes of transportation, such as sea, land, and air.

This is an indispensable text for all individuals engaged in the research and practice of international trade and the carriage of goods by sea. It offers a comprehensive and up-to-date understanding of the legal complexities and challenges associated with this field, enabling practitioners to navigate the intricate terrain of global trade with confidence and expertise.

Dimension: 246 x 174 (mm)
ISBN-13: 9780415745802