Incorporation of Arbitration Clauses under a Charterparty and a Bill of Lading: English and Chinese Law Perspectives

In commercial maritime law, "the contract of affreightment" and "marine insurance" may be the most important and difficult subjects. As far as the contract of affreightment is concerned, the difficulites derive from the existence of two entirely different forms of contracts, a charterparty and a bill of lading. In order to explore commercial maritime law, one key question is to research the interrelationship between the charterparty and the bill of lading. The object of this thesis is to examine the interrelationship between a charterparty and a bill of lading under the contract of affreightment, particularly, the incorporation of the arbitration clause under the charterparty and the bill of lading, because the charterparty is linked with the bill through incorporation clauses

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Can the parties to an international sale contract on CIF Incoterms varied in the oil and gas industry achieve the objective of linking the passing of ownership in the petroleum products that are sold from England to South Africa to the passing of risk in those petroleum products by indicating such intention in their contract of sale?

This dissertation aims to focus on whether the parties to an international sale contract on CIF Incoterms varied in the oil and gas industry, specifically the petroleum sector, achieve the objective of linking the passing of ownership in the petroleum products1 sold from England to South Africa, to the passing of risk in those petroleum products by indicating such intention in their contract of sale

The nature and importance of the bank's security under the commercial letter of credit, and the central concepts of pledge lien and hypothec

Abstract available : p.[1]-[3

Managing the Risks of Switch Bills of Lading

This article examines the legal and commercial ramifications of issuing switch bills of lading, explores the legal risks involved in this practice, and explores how these risks may best be managed and mitigated. It analyses the circumstances in which the issue of a switch bill of lading may constitute a novation or a variation of the original contract of carriage and discusses who is entitled to request a switch and who must authorize or consent to it. It also explores title to sue and liability questions, as well as the mandatory applicability of international transport Conventions to switch bills of lading. It highlights the various commercial and legal risks of consenting to the issue of switch bills of lading and proposes ways in which these risks could be minimized, including through the adoption of electronic alternatives to bills of lading

Systems approach to documentary maritime fraud

Wring the last decade documentary maritime fraud has caused considerable financial loss. The internationality of the crime and the difficulties experienced in the investigation and prosecution of offenders has caused serious concern both nationally and internationally. The aim of this research was to examine the system of international trade in terms of flow between institutions, and to develop a model of the system to identify areas of system failures in terms of actual or potential frauds. A database consisting of 101 fraud cases was compiled. Detailed examination of the cases identified features common to different classes of fraud. Systems approach was used to investigate the system with particular reference to Bills of Lading and method of payment under documentary credits. Conceptual mcdels of the three main contractual sub-systems i. e. carriage, insurance and payment, and of the total system were developed. The latter was used in conjunction with the database to pin-point the weak links both within the system and its imiediate envirormLent. Using a rwlti-disciplinary international Panel of Experts the Delphi technique, appropriately modified, was employed to test the hypothesised weak links, determine feasibility of implementing the recoamndations and seek information to assist in introducing measures to combat fraud. The analysis supports the hypothesised weak links identified in the environment and reccmuendations to strengthen them. Factors creating an environment for fraud are identified, along with reasons for not reporting the crime. Information required to combat fraud is identified. Prior to payment under documentary credits banks should carry out factual checks. The Bill of Lading is not a weak link but the people handling the document are unaware of its importance. Establishmnt of a Conmrcial Crim Research Unit specialising in international trade is recamrended, as is the development of an educational prograrmTo to increase conmercial awareness