#billoflading
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Articles and case comments
- ForewordIn our regular “Unification of Maritime Law” section, we publish the Sovpetrobill / KE-17 standard-form bill of lading, which was brought into force by Letter No. 48 of the USSR Ministry of the Maritime Fleet of March 22, 1988 (hereinafter, “Minmorflot,” or “MMF”). The Sovpetrobill bill of lading…
- Containerisation: How Legal Regulation Lags Behind PracticeIn late March, the Maritime Law Association held a scholarly seminar for its members on the regulation of container carriage by sea. The presentation was delivered by Mustafa Yilmaz, a specialist from the University of Liverpool (PhD in Maritime Law). He was a research fellow at the Centre for Maritime Law at the National University of Singapore, worked at the Ankara University, and taught as a visiting lecturer at the University of Hertfordshire. Mustafa Yilmaz is also the author of the first Turkish monograph on autonomous shipping.
- Jurisdiction Clause in a Bill of Lading. Conflict of Jurisdictions in Private International Law. Experience of Russia and SpainThe essay examines jurisdictional clauses in bills of lading in the context of Russian and Spanish legislation. It analyses the impact of such clauses on legal proceedings and the correlation between contractual autonomy and exclusive jurisdiction. A comparison of legal systems reveals problems with the unification of norms, reflecting the relevance of the topic for the development of international maritime law and the activities of the Russian Maritime Law Association.
- The Bill of Lading Jurisdiction Clause. A cross channel conflictThis article examines the establishment of those legal principles that have historically evolved in this area under French civil law. The article also traces the development of the practice of the French courts, which is gradually moving away from the limitations contained in previous decisions concerning the validity of jurisdictional clauses.
- Liability Exclusion Clause: All Risks and Liability for the Deck Cargo are on the ShipperCase No. A05-3827/2021 (PJSC “Rosgosstrakh” v JSC “Northern River Shipping”)
- Allocation of Liability for Delivery of Damaged Cargo under Bills of Lading Drafted by the ShipperAllocation of Liability for Delivery of Damaged Cargo under Bills of Lading Drafted by the Shipper The carriage of goods by sea is a complex process that involves many persons from maritime agents, stevedores, and freight forwarders to insurance companies to banks. However, the main legal relations…
- Indebtedness That Was Not Collected due to the Public Policy of the Russian FederationCase No. А40-127542/2020 (JSC “Belomortrans” v LLC “Neva-Charter”)
- Apparent or not Apparent: Order and Condition of the Goods’Noble Chartering Inc v Priminds Shipping Hong Kong Co Ltd (“Tai Prize”) [2021] EWCA Civ 87 (28 January 2021)
- The Case of Ransom to Pirates, General Average and Incorporation of the Terms of the Charter into the Bill of LadingHerculito Maritime Ltd. and others v Gunvor International BV and others (m/v “Polar”), [2020] EWHC 3318 (Comm)
- Demurrage for Container Shipping?Resolution of the 13th Commercial Court of Appeal dated January 18, 2021 No. 13AP-33576/2020 in case No. A56-11369/2020 (LLC Mortrans v LLC Detotex)
- Sea Master Shipping Inc v Arab Bank (Switzerland) Ltd & Yousef Freiha & Sons SA[2020] EWHC 2030 (Comm) High Court of England and Wales Facts: Sea Master (shipowners) and Agribusiness (voyage charterers, shippers) entered into a a voyage charter on a Norgrain 89 form to carry maize and soybeans from Argentina to Morocco and Lebanon. Yousef Freiha was the consignee in the bills…