《The Law of International Trade》

Chapter 1The outline of the transaction1

The problems of international sales1

The outline of the transaction3

The sale contract and the parties3

Forms of overseas sale contracts4

The contract of carriage7

Carriage by sea7

Carriage by air and land8

Combined transport8

The insurance of goods in transit9

Payment arrangements10

Chapter 2The carriage of goods by sea12

Carriage in a general ship12

The bill of lading and the contract of carriage13

The bill of lading as a receipt15

Statement of quantity16

Statement of condition16

Statement of leading marks18

The bill of lading as a document of title19

The Carriage of Goods by Sea Act 199220

Other documents22

Mate's receipt22

Sea way-bill22

Delivery orders23

Modern communication methods24

The carrier's responsibilities under a bill of lading25

Seaworthiness25

Deviation27

Delay29

Care of the cargo30

Discharge of cargo34

Limitation of liability34

Variation of liability35

Limitation of action36

Third parties and the contract36

The shipper's responsibilities37

Freight37

Dangerous goods37

General average38

Charterparties39

Voyage charterparties40

Time charterparties40

Bills of lading and charterparties41

The Hamburg Rules42

Limitations43

Bills of lading44

Chapter 3Sales contracts based on sea carriage45

Fob contracts45

The goods48

The port of loading48

The nomination of the ship49

Delivery50

Loading51

The passing of property52

Risk55

Buyer or seller as shipper56

Freight and bills of lading56

Administrative duties and payments57

Payment58

Fas contracts58

Cif contracts58

Cif and fob58

Cif and variations61

A sale of documents?63

Shipment65

Appropriation67

The documents in cif contracts70

The tender of the documents81

The passing of property82

Risk87

Payment88

Arrival (Ex-ship) contracts88

Free delivered90

Chapter 4Carriage by air and land and sale contracts based thereon91

The international conventions91

Carriage by air92

The Warsaw Convention 192993

The Warsaw Convention 195598

Non-convention carriage rules99

IATA conditions99

Sale contracts based on carriage by air99

Carriage by land: road100

The CMR Convention 1956100

Sale contracts based on road carriage104

Carriage by land: rail104

The CIM Convention 1970104

Sale contracts based on rail carriage105

Free on rail (FOR)105

Free on truck (FOT)105

Chapter 5Combined transport106

General106

The problems of combined transport108

Combined transport regulation114

Sale contracts based on combined transport116

Chapter 6Insurance in the international sale transaction118

The insurance of goods in transit118

The insurable interest119

Assignment of interest and policy121

Disclosure of material facts123

Representations127

Warranties127

The description of the goods129

Types of policy131

Loss and proximate cause134

Types of loss136

Actual total loss136

Constructive total loss137

Partial loss139

Special contractual arrangements141

The period of cover142

The risks covered143

Subrogation and double insurance144

Underinsurance145

Insurance by ECGD146

Comprehensive short term guarantees147

Assignment and direct guarantees149

Chapter 7Payment in international sales150

Bills of exchange150

Direct payment151

Collection152

Documentary credits154

General154

Types of documentary credits156

The relationship of the parties159

The opening of the credit160

The tender of documents163

Establishment of a credit as payment169

Expiry170

Assignment and transfer of credits170

Chapter 8Disputes in international transactions173

The conflict of laws173

The problem of conflict173

The proper law of the contract174

The parties' choice of law174

Inferring the proper law177

Foreign illegality178

Proceedings and jurisdiction180

Defendants outside the jurisdiction180

The 'Mareva' injunction181

European rules on jurisdiction182

Sovereign immunity182

The Protection of Trading Interests Act 1980183

Arbitration183

Arbitration and litigation183

The appointment of arbitrators184

Arbitration agreements185

Arbitrators' powers185

English arbitration and appeals186

Exclusion of appeal186

Appeals from arbitration187

ICC Court of Arbitration188

Enforcement of foreign judgments and awards189

Judgments189

Arbitration awards189

Chapter 9European Community law and international sales190

Disputes190

The Rome Convention190

Jurisdiction and enforcement of judgments within the EC191

Regulation of the courts' jurisdiction193

The free movement of goods194

Documentation for Community Transit194

Community Transit195

EC preferential tariff treatment196

Appendices199

1Specimen form of bill of lading199

2 Carriage of Goods by Sea Act 1992202

3 Carriage of Goods by Sea Act 1971 and the Hague-Visby Rules208

4 The Hamburg Rules219

5 The Warsaw Conventions237

6 UNCTAD/ICC Rules for multimodal transport documents248

7 Sale of Goods Act 1979255

8 The Institute Cargo Clauses260

9 ICC Uniform Customs and Practice for Documentary Credits270

Index285