Shipping

Rotterdam Rules II

Carrier to deliver Goods Unless otherwise agreed in the contract of carriage, the shipper must deliver the goods ready for carriage. In any event, the shipper must deliver the goods in such condition that they will withstand the intended carriage, including their loading, handling, stowing, lashing and securing, and unloading, and that they will not cause harm to persons or property.… Read the rest

Rotterdam Rules I

The Rotterdam Rules Scope The Rotterdam Rules were prepared by the UN Commission on International Trade Law UNICITRAL. It was adopted by the Legal Committee of the General Assembly of the United Nations in 2008. They allow for electronic documentation and multimodal carriage involving sea carriage.… Read the rest

Overview

Carriage of Goods by Sea The contract of carriage may be a contract for the transport of the goods by sea,air or land or a combination. Multi–modal transport refers to combined methods of transport. Most modes of transport are governed by international Conventions.… Read the rest

Other Carriage Contracts

Sea Waybill Traditionally, the contract of carriage contemplated a bit of lading being issued. In modern times, other documents have emerged which replicate some of the bill of lading’s functions. The sea waybill is in the nature of a non-negotiable bill of lading. … Read the rest

Limitations

International Conventions The carriage of goods by sea is `commonly governed by the Hague-Visby rules. The Hague-Visby rules and their more modern substitutes, the Hamburg and Rotterdam Rules emerged in the context of the carriers’ power to dictate the terms and conditions of carriage. … Read the rest

Hamburg Rules

Hamburg Rules Scope The Hague and Hague Visby Rules date back, in their most recent revision to the late 1960s. They are somewhat outdated in the context of modern transportation methods, in particular, multimodal carriage. More modern rules are likely to replace the rules, subject to the ratification by a sufficient number of States in due course.… Read the rest

Hague-Visby Rules

Hague Visby Application of Rules The Hague Visby Rules represent the minimum mandatory contractual obligations on the part of the carrier. The rules cap liability and define the terms of the permissible defences. Attempts to contract beyond the terms of the rules by purporting to contract for less than the minimum duties or more than the “maximum” defences, are void and have no effect.… Read the rest

Duties

Duties of the Carrier The obligations of the carrier are governed by the contract and the Hague-Visby or more modern rules, depending on the Convention which governs the carriage. The shipper must make space on the designated vessel available.… Read the rest

Claims & Liability

Common Law Carriers Historically a carrier might be a “common carrier”. The liability of a common carrier at common law is absolute, subject only to limited defences; an act of the enemy, an act of God, inherent vice of the goods and fault of the consignor.… Read the rest

Charters

Charter of Whole Ship Where the whole or substantial part of the vessel is used, as may be the case with bulk cargo, there may be a charterparty. This is in effect a lease or contract for the hire of the ship.… Read the rest