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 They are somewhat outdated in the context of modern transportation methods, in particular, multimodal carriage.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. The Hamburg Rules […]
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. A contract of carriage is one by which the carrier undertakes to carry goods […]
Transfer of Rights to Buyer at Common Law Under both the common CIF and FOB type contracts for the sale and carriage of goods, the contract of carriage is usually entered by the seller. However, the property in the goods usually passes to the buyer at or before delivery, so that the buyer is the party who will suffer loss […]
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 […]
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. Until the beginning of the 20th century, carriers could impose almost any terms they wanted, thereby […]
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. The charterer pays freight to the shipowner as the consideration. The charterer must discharge the vessel within a […]
Defences for Carrier A number of potential defences are open to the carrier. The burden of proving that the loss, damage or delay is due to one of the grounds of defence provided for, lies on the carrier. If the carrier can show that it did not cause the loss or damage, such as where it was inevitable, then he […]