International Trade Law by Carr, Indira -- Read -- Imperial Library of Trantor

Index

Cover Half Title Title Page Copyright Page Outline Contents Table of Contents Table of Cases Table of Statutes Table of Statutory Instruments Table of European Legislations Table of Statutes and Other Instruments Table of Abbreviations Preface Introduction Part I International Sales of Goods

Overview 1 Standard Trade Terms

Introduction Ex works CIF contracts CIF contracts under INCOTERMS 2010 C&F contracts C&F and INCOTERMS FOB contracts Variants of an FOB contract FAS contracts Conclusion Further reading

2 The Vienna Convention on the International Sale of Goods 1980

Introduction The Vienna Convention Conclusion: Recent international initiatives Further reading

Part II Regulating the Electronic Commerce Environment

Overview 3 Electronic Commerce – Legal Issues and Harmonisation

Introduction Policy considerations, e-commerce and international regulatory measures Electronic data interchange (EDI) and interchange agreements UNCITRAL model law on e-commerce Other international initiatives – the International Chamber of Commerce The EU directive on e-commerce The United Nations Convention on the use of electronic communications in international contracts Conclusion Further reading

4 The Electronic Transaction and Security Issues

Introduction Electronic signatures and UNCITRAL The EU directive on electronic signatures and the UK legislation: Electronic Communications Act 2000 and the Electronic Signatures Regulation 2002 Electronic medium and computer misuse Conclusion: a bright future for e-commerce? Further reading

Part III Transportation of Cargo

Overview 5 Transportation of Goods by Sea – Charterparties

Introduction Types of charterparties Common law implied obligations in a voyage charterparty Common law immunities Usual express terms Conclusion Further reading

6 Bills of Lading

Introduction Nature of a bill of lading Rights and liabilities of consignee/endorsee The Carriage of Goods by Sea Act 1992 Bills of lading and fraud Electronic data interchange (EDI) and the Carriage of Goods by Sea Act 1992 Conclusion Further reading

7 Bills of Lading and Common Law

Introduction Implied obligations on the part of the shipowner Implied obligations on the part of the shipper Shipowner's immunities Common law exceptions Contractual exceptions Other terms in bills of lading Conclusion Further reading

8 Carriage of Goods by Sea: Bills of Lading and the Carriage of Goods by Sea Act 1971

Introduction Interpretation of The Hague-Visby Rules in the English Courts Carrier's responsibilities and liabilities Carrier's immunities Limitation of liability Shipper's duties and immunities Scope of application Contracting out The future Further reading

9 The Hamburg Rules and the Rotterdam Rules

Introduction The Hamburg Rules Scope of application The Rotterdam Rules (The UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea) Conclusion Further reading

10 International Carriage of Goods by Air

Introduction The Warsaw system Approach to interpretation of the Warsaw Convention in the English courts Scope of application of the Warsaw Convention (unamended and amended versions) Contracting out Documentary responsibilities Air waybill and negotiability Electronic data interchange (EDI) and the Warsaw regime Carrier liability Consignor's responsibilities and rights Consignee's responsibilities and rights Proceedings The Montreal Convention Further reading

11 International Carriage of Goods by Rail

Introduction Interpretation of the CIM Scope of application Documentary responsibilities Electronic data interchange (EDI) and the CIM rules Contracting out Carrier's responsibilities and liabilities Carrier's rights Consignor's responsibilities and rights Consignee's responsibilities and rights Proceedings Conclusion Further reading

12 International Carriage of Goods by Road

Introduction Interpretation of the CMR by the English courts Scope of application Contracting out Documentary responsibilities Electronic data interchange (EDI) and the CMR Carrier's liabilities and rights Sender's responsibilities and rights Consignee's rights and responsibilities Proceedings CMR – the future Further reading

13 International Multimodal Transport

Introduction Freight forwarder – agent or principal? Unification efforts by the industry Fiata negotiable multimodal bill of lading Conclusion Further reading

Part IV Financing and Insurance

Overview 14 Marine Insurance

Introduction Scope and nature of marine insurance contracts Principles of marine insurance law Warranties on the part of the insured – implied and express Deviation Liability of insurer Institute cargo clauses (A), (B) and (C) Conclusion Further readin

15 Letters of Credit

Introduction Open account Bills of exchange Documentary bill Letters of credit Performance bonds/guarantees and standby letters of credit Other means of minimising risk of non-payment Conclusion Further reading

Part V Dispute Resolution

Overview 16 Civil Jurisdiction

Introduction The defendant's domicile Submission by appearance Ordinary contracts Tort claims Ancillary jurisdiction Jurisdiction clauses Simultaneous actions Interim relief Conclusion Further reading

17 Choice of Law

Introduction The proper law – express choice The proper law – implied choice The proper law – closest connection Particular issues English public policy and overriding mandatory rules Certain particular types of contract Torts and restitutionary obligations Conclusion Further reading

18 Foreign Judgments

Introduction European judgments External judgments Conclusion Further reading

19 Arbitration

Introduction Characteristics Arbitration in international commercial contracts Arbitration under English law Foreign arbitral awards Conclusion Further reading

20 Mediation (Conciliation): An Alternative Form of Dispute Resolution

Introduction International developments Developments in England Features and associated issues Mediation online The EU Directive on mediation in civil and commercial matters Conclusion Further reading

Part VI Corruption

Overview 21 Fighting Corruption in International Business

Introduction Defining corruption The OECD Convention The OECD and the UK Bribery Act 2010 The UNCAC Business codes of conduct Conclusion Further reading

Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 6 Appendix 7 Index

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