Shipping Law 2018 6Th Edition a Practical Cross-Border Insight Into Shipping Law
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Bills of Lading 4 - Cargo Shortage Claims
Claims Guides Bills of Lading 4 - Cargo Shortage Claims The carrier is under an obligation to deliver the full cargo which was loaded. Invariably cargo shortage claims arise from time to time. How are these claims treated under English law? “Figures” is a term used throughout this document to describe the “number packages or pieces, or the quantity, or weight”, of the goods carried. What is the evidence against a) What is the evidential weight of the “weight, measure, quantity, quality, the owners? bill of lading figures towards third condition, contents and value party receivers: conclusive evidence unknown”: Weighing the evidence When shortage claims arise at the or prima facie evidence? discharge port, whether or not the carrier Once it is established that the figures is liable is a question of evidence. Under the Hague Visby Rules, Article are not binding on the carrier, an III Rule 4, the figures on the bill of English court will just weigh evidence lading will be conclusive evidence from both parties as in a normal between the carrier and the third dispute. A useful guide to see how party. (See also the Hamburg Rules, an English court would consider a Article 16(3)(b)). shortage case is illustrated in the MONTANA LLR 402 [1990]. In this b) Can the owners protect themselves case, the judge looked at the evidence with disclaimers such as: “weight, as to how accurate the tally would measure, quantity, quality, have been: no tally man on every hold, condition, contents and sometimes a tally man had to count value unknown?” slings from two holds, some of the English law recognises the disclaimer discharge occurred at night time, the “weight, measure, quantity, quality, stevedores were paid per tonnage condition, contents and value discharged and not time, there was an unknown”. -
Overload Problem
IJBTS International Journal of Business Tourism and Applied Sciences Vol.2 No.2 July-December2014 AN INNOVATION APPROACH FOR IMPROVING PASSENGER VESSELS SAFETY LEVEL: OVERLOAD PROBLEM N. S. F. ABDUL RAHMAN1, H. Z. ROSLI School of Maritime Business and Management, University Malaysia Terengganu, 21030 Kuala Terengganu, Terengganu, Malaysia. ABSTRACT The purpose of this paper is to design the conceptual model concerning an innovation overloaded sensor that can be used to detect and reduce the overload problem of passenger ships. A passenger vessel becomes an important mode of transport to transfer people or goods from one destination to other destination. The passenger vessel service generates high income and profit margin to the ship operators. Thus, most ship operators are operating their vessels with over capacity of passengers for a single voyage. By doing that, the voyage and operating costs of the passenger ship can be reduced respectively. The overload passenger vessels scenario leads to the collision or sink of the vessel and also it causes the possibility of passenger death. To overcome this issue, an innovation technology incorporates the elevator concepts using the load sensor (HCC-High Capacity Compression) and use batching controller to setting the minimum and maximum capacities is recommended to be installed at the entry point of the passenger vessels. The number of passenger ship collisions due to the overloaded problem is expected to be reduced using the proposed sensor. Ultimately, the total number of passenger deaths due to this problem will automatically be reduced. Keywords: Passengers Vessels; Overload Problem; Load Sensor; Maritime Tourism Innovation; High Capacity Compressor (HCC). -
A.A.A. - the American Arbitration Association
A.A.A. - The American Arbitration Association. Corporate Headquarters, E-mail: [email protected]. International Center for Dispute Resolution, E-mail: mailto:[email protected] Website: http://www.adr.org/ A.A.A. - The Association of Average Adjusters - HQS "Wellington", Temple Stairs, Victoria Embankment, London WC2R 2PN. Abandonment [Fr.: " délaissement "] [Span.: " abandono "] [Ital.: " abbandono "] [Gr.: "Abandonnierung "; "Aufgabe eines Rechtsanspruches "] - Abandonment is the giving up by the insured of the proprietary rights in insured property to the underwriter in consideration for payment of a constructive total loss (infra ) or an actual total loss (infra ). See Marine Insurance Act, 1906 (U.K.) sects. 61-63; see also Notice of abandonment (infra ). See Tetley, Int'l M. & A. L. , 2003 at p.612. Abandonment (" abandon ") is also the ancient principle of a shipowner having responsibility only up to the value of the ship and freight (infra ) (but calculated after the collision (infra )). The principle was found in the 1924 Shipowners' Limitation Convention and is still found in the U.S. Shipowners' Limitation of Liability Act , 1851, 46 U.S. Code App. 183. See Tetley, Int'l. C. of L. , 1994 at pp. 510-511, 517-518; Tetley, M.L.C. , 2 Ed., 1998 at pp. 109-110; Tetley, Int'l. M & A. L. , 2003 at pp. 20-21. "Abus de droit" - [Span.: " abuso de derecho "] [Ital.: " abuso di diritto "] [Gr.: "Rechtsmißbrauch "]- A civil law principle of abuse of right due to a flagrant act of a creditor or the possessor of a thing. See Tetley, Int'l. C. of L. , 1994 at p. -
How to Win at Marine Cargo Claims: an English Perspective the Hague, Hague-Bisby and Hamburg Rules
HOW TO WIN AT MARINE CARGO CLAIMS: AN ENGLISH PERSPECTIVE THE HAGUE, HAGUE-BISBY AND HAMBURG RULES Simon David Jones, English Solicitor Cozen O’Connor Tower 42, Level 27 25 Old Broad Street London, UK +44 (0) 20 7864 2000 [email protected] Atlanta Charlotte Cherry Hill Chicago Dallas Las Vegas* Los Angeles New York Newark Philadelphia San Diego San Francisco Seattle West Conshohocken Washington, DC Wilmington *Affiliated with the Law Offices of J. Goldberg & D. Grossman The views expressed herein are those of the author and do not necessarily represent the views or opinions of any current or former client of Cozen O'Connor. These materials are not intended to provide legal advice. Readers should not act or rely on this material without seeking specific legal advice on matters which concern them. Copyright (c) 2001 Cozen O'Connor ALL RIGHTS RESERVED 1 HOW TO WIN AT MARINE CARGO CLAIMS : AN ENGLISH PERSPECTIVE THE HAGUE, HAGUE-VISBY AND HAMBURG RULES Background At English common law the parties to a contract of affreightment covered by a Bill of Lading or similar document had complete freedom to negotiate their own terms as had the parties to a charterparty. Abuse of the carriers’ stronger bargaining position during the 19th century led to extremely onerous terms being placed in Bills of Lading. The first attempt to redress the balance between the interests of ship and cargo came from the United States in the form of the Harter Act of 1893. It soon became clear to the major marine trading countries that a single Convention binding all contracting parties was preferable to a system of similar but not identical Acts. -
Admiralty and Maritime Law
BUSINESS TRANSACTIONS AND DISPUTES Admiralty and Maritime Law DELOS E. FLINT, JR., AND PATRICK O'KEEFE I. Introduction The year 1996 was marked by the lawyers, representing competing industry interests, getting together under the aegis of the Maritime Law Association and putting forth a proposed revision of COGSA, the Carriage of Goods by Sea Act. The draft proposal is currently before Congress and is expected to be taken up sometime during 1997. A brief synopsis of the proposed amendments to COGSA is indicated here. Ultimately the changes are designed to bring American law more in line with those of our major trading partners. Also, during the past year, one Supreme Court case caused ripples in the legal community and several other significant Circuit Court decisions are presented. II. Proposed Amendments to COGSA The United States enacted the Carriage of Goods by Sea Act in 1936.' The statute embodied a 1924 international convention known as the Hague Rules.2 This convention, in turn, was modeled on a 1910 Canadian statute called the Water Carriage of Goods Act.' The Canadian law was itself modeled on the Harter Act passed by Congress in 1893.4 The Hague Rules were modified in 1968 by the Visby Protocol such that the Hague-Visby Rules are now in force in most of Western Europe, Japan, Hong Kong, Singapore, Australia and Canada.' In 1978 the United Nations Commission on International Trade Law completed revisions Delos E. Flint, Jr., of the law firm of Rice Fowler in New Orleans, Louisiana, is chair of the Admiralty and Maritime Law Committee. -
Ship Arrests in Practice 1 FOREWORD
SHIP ARRESTS IN PRACTICE ELEVENTH EDITION 2018 A COMPREHENSIVE GUIDE TO SHIP ARREST & RELEASE PROCEDURES IN 93 JURISDICTIONS WRITTEN BY MEMBERS OF THE SHIPARRESTED.COM NETWORK Ship Arrests in Practice 1 FOREWORD Welcome to the eleventh edition of Ship Arrests in Practice. When first designing this publication, I never imagined it would come this far. It is a pleasure to announce that we now have 93 jurisdictions (six more than in the previous edition) examined under the questionnaire I drafted years ago. For more than a decade now, this publication has been circulated to many industry players. It is a very welcome guide for parties willing to arrest or release a ship worldwide: suppliers, owners, insurers, P&I Clubs, law firms, and banks are some of our day to day readers. Thanks are due to all of the members contributing to this year’s publication and my special thanks goes to the members of the Editorial Committee who, as busy as we all are, have taken the time to review the publication to make it the first-rate source that it is. The law is stated as of 15th of January 2018. Felipe Arizon Editorial Committee of the Shiparrested.com network: Richard Faint, Kelly Yap, Francisco Venetucci, George Chalos, Marc de Man, Abraham Stern, and Dr. Felipe Arizon N.B.: The information contained in this book is for general purposes, providing a brief overview of the requirements to arrest or release ships in the said jurisdictions. It does not contain any legal or professional advice. For a detailed synopsis, please contact the members’ law firm. -
The Revised Hague Rules on Bills of Lading
Digital Commons @ Georgia Law Scholarly Works Faculty Scholarship 3-1-1977 The Revised Hague Rules on Bills of Lading Gabriel M. Wilner University of Georgia School of Law Repository Citation Gabriel M. Wilner, The Revised Hague Rules on Bills of Lading (1977), Available at: https://digitalcommons.law.uga.edu/fac_artchop/557 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Commons @ Georgia Law. It has been accepted for inclusion in Scholarly Works by an authorized administrator of Digital Commons @ Georgia Law. Please share how you have benefited from this access For more information, please contact [email protected]. In what oinounfs fe a prafMMd ntm CenvMlleii fo rapfcM* fh« "Hcniw llufu/' fh« Unftod Noriem Commlsrien en Infer- notfonol iowr (UNCnRAL) hen Indudmd on AHMm (32) av- ffhoriifng porflM fo a confracf for fho corrfogo of goods fo pravldo for orJUiraflon of dlipirfos arising fhorofrom. Sfofos whicli bocomo porffos to fho Convonfion would bo roqirirod to ffiv9 9tf9Ct to such a confrocf• Tho proposod Convonflon glifos fho pUumfw much fho somo opfions wifh rupoci to olfhor fho /vdMal or fho wrblfrol forum. Thoso opfions os to locolo fond to favor fho dofonding parfy iisiially fho carWor. On fho ofhor hand, ilrfMo 33 abo pormlfs fho parffos to agroo on a localo offor a dbpirfo hcM orison, an arrongomonf which would probtaOf roflocf fho Inforosfs of fho pMnflff fiwuuiijr mo cm^go oirmrj* in aaainon, nio vomronnon pro- vltfos HMf fno good folfh purciMVor of a Biif of IcKfing issuod pursuanf to a confracf of carnago would nof oo hound h|f an arhlfraflon «groonionf hofwoon fho original parflos to fho confracf, unloss If appoarod In fho hill of lading Ifsolf. -
Admiralty's in Extremis Doctrine: What Can Be Learned from the Restatement (Third) of Torts Approach? Craig H
University of Washington School of Law UW Law Digital Commons Articles Faculty Publications 2012 Admiralty's In Extremis Doctrine: What Can Be Learned from the Restatement (Third) of Torts Approach? Craig H. Allen University of Washington School of Law Follow this and additional works at: https://digitalcommons.law.uw.edu/faculty-articles Part of the Admiralty Commons, and the Torts Commons Recommended Citation Craig H. Allen, Admiralty's In Extremis Doctrine: What Can Be Learned from the Restatement (Third) of Torts Approach?, 43 J. Mar. L. & Com. 155 (2012), https://digitalcommons.law.uw.edu/faculty-articles/80 This Article is brought to you for free and open access by the Faculty Publications at UW Law Digital Commons. It has been accepted for inclusion in Articles by an authorized administrator of UW Law Digital Commons. For more information, please contact [email protected]. Journal of Maritime Law & Commerce, Vol. 43, No. 2, April, 2012 Admiralty's In Extremis Doctrine: What Can be Learned from the Restatement (Third) of Torts Approach? Craig H. Allen* I INTRODUCTION The in extremis doctrine has been part of maritime collision law in the U.S. for more than one hundred and sixty years. One would expect that a century and a half would provide ample time for mariners and admiralty practitioners and judges to master the doctrine. Alas, some of the profes- sional nautical commentary and even an occasional collision case suggest that the doctrine is often misunderstood or misapplied. A fair number of admiralty writers fail to understand that the in extremis doctrine is not a sin- gle "in extremis rule," but rather several rules, all of which are related to the existence of a somewhat poorly defined "in extremis situation." Some prac- titioners and mariners also appear to believe the in extremis "rule" has been fully codified into the present Collision Regulations (either in Rule 2(b) or 17(b) or perhaps both) obviating recourse to the general maritime law cases. -
Maritime Carrier's Liability for Loss of Or Damage to Goods Under The
Maritime Carrier's Liability for Loss of or Damage to Goods under the Hague Rules, Visby Rules and the Hamburg Rules, compared with his Liability as an Operator under the Relevant Rules of the International Multimodal Transport Convention. A Thesis Submitted for the Degree of Doctor of Philosophy by Hani M.S. Abdulrahim The School of Law, Faculty of Law and Financial Studies, University of Glasgow February 1994 © Hani M.S. Abdulrahim, 1994 ProQuest Number: 11007904 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11007904 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 “ILhl m i GLASGOW C>p I UNIVERr'T library ii To My mother, brothers, sisters and in memory of my father. Acknowledgements I wish with considerable enthusiasm to acknowledge and express my deepest grateful thanks and gratitude to Dr. W. Balekjian and Mr Alan Gamble for their invaluable guidance and encouragement in supervising this thesis. They have given unsparingly of their time to it. It gives me great pleasure to acknowledge the helpfulness of the Glasgow University library staff, and also my deep gratitude to Mrs Cara Wilson who kindly typed this work. -
United States Court of Appeals for the Sixth Circuit ______
Case: 06-1199 Document: 00611023020 Filed: 05/08/2008 Page: 1 RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 08a0175a.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ ROYAL INSURANCE COMPANY OF AMERICA; FORD X MOTOR COMPANY, - Plaintiffs-Appellants, - - No. 06-1199 - v. > , - ORIENT OVERSEAS CONTAINER LINE LTD., - Defendant-Appellee, - - v. - - - M/V “CANMAR PRIDE,” CP SHIPS (UK) LTD., CPS - NO. 3 LTD., and CPS NO. 5 LTD., - Third-Party Defendants-Appellees. - N Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 03-72574—Denise Page Hood, District Judge. Argued: January 23, 2007 Decided and Filed: May 8, 2008 Before: BOGGS, Chief Judge; MERRITT and MOORE, Circuit Judges. _________________ COUNSEL ARGUED: James F. Sweeney, NICOLETTI, HORING, CAMPISE & SWEENY, New York, New York, for Appellants. Thomas L. Tisdale, TISDALE & LENNON, Southport, Connecticut, Philip G. Meyer, Farmington Hills, Michigan, for Appellees. ON BRIEF: James F. Sweeney, NICOLETTI, HORING, CAMPISE & SWEENY, New York, New York, for Appellants. Thomas L. Tisdale, TISDALE & LENNON, Southport, Connecticut, Philip G. Meyer, Farmington Hills, Michigan, for Appellees. ______________________ AMENDED OPINION ______________________ KAREN NELSON MOORE, Circuit Judge. Plaintiffs-Appellants Ford Motor Co. (“Ford”) and its cargo insurer, Royal Insurance Co. of America (“Royal”) (collectively, “Appellants”), brought this action against Defendant-Appellee Orient Overseas Container Line Ltd. (“OOCL,” or 1 Case: 06-1199 Document: 00611023020 Filed: 05/08/2008 Page: 2 No. 06-1199 Royal Ins. Co. of America, et al. v. Orient Overseas Page 2 Container Line Limited, et al. “Appellee”), an ocean carrier, for damages arising from the loss of cargo during a transatlantic voyage. -
English Court Says Hague Rules “Unit” Does Not Include Bulk Cargo
English Court Says Hague Rules “Unit” Does Not Include Bulk Cargo By: Michael J. Ryan, Esq., Of Counsel, Hill Betts & Nash, New York On October 14, 2016, Judge Sir Jeremy Cooke (sitting as a Judge of the High Court) rendered his decision on the issue of whether the term “unit,” as contained in The Hague Rules of 1924, included bulk cargo. The Honorable Sir Jeremy Cooke held that it did not. Vinnlustodin HF v. Sea Tank Shipping AS (The Aqasia) [2016] EWHC 2514 (Comm); [2016] Lloyd’s Rep. Plus 75). The case involved a claim for damage to a cargo of fish oil carried onboard a tanker vessel pursuant to a charter party on the “London Form” (an older tanker voyage charter form which has been replaced in common usage by Intertankvoy 76). The “London Form” provided, in Clause 26, “The Owners in all matters arising under this Contract shall also be entitled to the like privileges and rights and immunities as are contained in Sections 2 and 5 of the Carriage of Goods by Sea Act 1924 and in Article IV of the Schedule thereto…” Article IV, R.5 of the Hague Rules provides “...Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with goods in an amount exceeding £100 per package or unit, or the equivalent of that sum in other currency, unless the nature and value of such goods have been declared by the shipper and inserted in the bill of lading….” {NY196763.5 } 1 The Charter Party provided for the carriage of some 2,000 tons of fish oil in bulk (5% more or less in charterer’s option) from Iceland to Norway. -
Undelivered Goods Under the Law of Carriage of Goods by Sea
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Lund University Publications - Student Papers FACULTY OF LAW Lund University Jenny Olsson Undelivered Goods Under the Law of Carriage of Goods by Sea JASM01 Master Thesis Maritime Law 30 higher education credits Supervisor: Abhinayan Basu Bal Term: Spring 2013 Undelivered Goods Under the Law of Carriage of Goods by Sea Contents Summary ....................................................................................................... 4 Acknowledgement ........................................................................................ 6 Abbreviations ................................................................................................ 7 1. Introduction .............................................................................................. 8 1.1 Background .......................................................................................... 8 1.2 Scope and Purpose ............................................................................. 11 1.3 Methodology and materials ................................................................ 14 1.4 Scheme of the thesis ........................................................................... 15 2. Delivery of goods .................................................................................... 16 2.1 Delivery of goods under a B/L ........................................................... 16 2.2 “Clean” or “claused” B/L ..................................................................