Shipping and Commercial Case Law (2a. Ed.).
Author: Albert Badia
Publisher:
Published: 2013
Total Pages: 289
ISBN-13: 9781512945157
DOWNLOAD EBOOK →Author: Albert Badia
Publisher:
Published: 2013
Total Pages: 289
ISBN-13: 9781512945157
DOWNLOAD EBOOK →Author: Albert Badia
Publisher: MARGE BOOKS
Published: 2021-03
Total Pages: 290
ISBN-13: 8415340842
DOWNLOAD EBOOK →250 leading cases of the High Courts of England and the European Court of Justice. This book contains summaries of 250 cases related to international trade and carriage of goods by sea. Each case is presented with an abstract of the factual background and the key findings of the court. All the cases relate to disputes decided by the High Courts of England or by the European Court of Justice, the knowledge of which is a must for any practitioner in this area. The issues referred to in the cases relate to contracts of carriage on bills of lading, waybills and charterparties, as well as to international trade instruments like sale contracts, letters of credit, performance bonds, indemnities and agency. There is also wide reference to ship arrests, limitation of liability, injunctions, choice of law, arbitration and jurisdiction. Full consideration is given to the Hague-Visby Rules, the Carriage of Goods by Sea Act, the Sale of Goods Act, Incoterms and UCP for Documentary Credits. Albert Badia is a practicing solicitor in England and Wales. He has acted as Counsel in many disputes and has been appointed as arbitrator in commercial matters.
Author: Albert Badia Giménez
Publisher: Marge Books
Published: 2003
Total Pages: 192
ISBN-13: 9788486684211
DOWNLOAD EBOOK →Author: Anthony Rogers
Publisher: Routledge
Published: 2019-10-23
Total Pages: 958
ISBN-13: 0429594887
DOWNLOAD EBOOK →Cases and Materials on the Carriage of Goods by Sea, fifth edition, offers tailored coverage of the most commonly taught topics on Carriage of Goods by Sea courses. Combining a collection of legislative materials, commentaries, scholarly articles, standard forms and up-to-date English case law, it covers the major areas of chartering and bills of lading as well as matters such as exclusion and limitation of liability. Significant innovations for this edition include: coverage of blockchain technology and smart contracts in shipping coverage of autonomous shipping recent developments on the construction of commercial shipping contracts recent developments on the transfer of rights and liabilities in the contract of carriage tables and diagrams for ease of reading discussion of some of the most important decisions by the senior courts of England and Wales, with the most up to date case law included references to academic and professional literature for further reading and research industry standard form clauses reference to important foreign cases emphasis on how it is that shipping law operates and is applied in commercial practice A clear, student-friendly text design with a strong emphasis on research and problem solving. This up-to-date collection of materials relating to the carriage of goods by sea will be of value to students of law, researchers and legal practitioners.
Author: Simon Baughen
Publisher: Routledge
Published: 2012-07-26
Total Pages: 676
ISBN-13: 1136329269
DOWNLOAD EBOOK →Shipping Law covers the whole spectrum of English shipping law and is the only student text to address both wet and dry shipping law matters. It takes a structured and integrated approach to the highly specialised rules of shipping, which are placed in their commercial context and related to the general principles of English contract and tort law. This fifth edition offers a brand new section on arbitration, as well as detailed consideration of recent developments in law from the LOF 2011 and the 2010 Protocol to the HNS Convention. With in-depth commentary and analysis on recent important judical decisions of the Supreme Court in The Cendor Mopu, and of the Court of Appeal in The Eternity, The Wadi Sudr, The Kos, and The Eagle Valencia, this textbook presents fully-to-date and well-balanced coverage of key cases and is an essential reference source for both students and those in practice.
Author: Eva Litina
Publisher: Kluwer Law International B.V.
Published: 2020-12-10
Total Pages: 172
ISBN-13: 9403530316
DOWNLOAD EBOOK →Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.
Author: M. A. Clarke
Publisher: Oxford University Press
Published: 2017
Total Pages: 1221
ISBN-13: 0199692084
DOWNLOAD EBOOK →Commercial Law: Text, Cases, and Materials provides students with an extensive and valuable range of extracts from key cases and writings in this most dynamic field of law. The authors' expert commentary and questions enliven each topic while emphasizing the practical application of the law in its business context. Len Sealy and Richard Hooley have been joined by four renowned experts in the field for the preparation of this edition. The authors have captured the essence of this fascinating topic at a time of significant legislative, regulatory, and political change.
Author: Zena Prodromou
Publisher: Kluwer Law International B.V.
Published: 2020-08-12
Total Pages: 313
ISBN-13: 9403520019
DOWNLOAD EBOOK →In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.