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Yemelyan Rodionov
Yemelyan Rodionov

Carriage Of Goods By Sea, 7th Edition


Relied upon by generations of students and practitioners alike, this market leading text is renowned for combining a critical, in-depth examination of all aspects of the law relating to the carriage of goods by sea with a highly readable written style, clear analysis of legal principles and a highly practical approach to the subject making it eminently suitable for both undergraduate and postgraduate students.




Carriage of Goods By Sea, 7th Edition



English law enjoys a long-standing predominance in the international shipping market, as it is frequently chosen by the parties to govern their contracts of carriage. A vast amount of goods is carried around the world under contracts of carriage governed by English law. This module offers an in-depth study of the two main forms of contract of carriage, namely charterparties and bills of lading. The aims of the module, in essence, are:


This book is the definitive guide to all aspects of this important part of International Trade Law. Relied upon by generations of students and practitioners alike, this market leading text is renowned for combining a critical, in-depth examination of all aspects of the law relating to the carriage of goods by sea.


Written by a leading expert in the field, Carriage of Goods by Sea is the definitive guide to all aspects of this important part of International Trade Law. Relied upon by generations of students and practitioners alike, this market leading text is renowned for combining a critical, in-depth examination of all aspects of the law relating to the carriage of goods by sea with a highly readable written style, clear analysis of legal principles and a highly practical approach to the subject making it eminently suitable for both undergraduate and postgraduate students.


This text is highly suitable for recommendation to students studying international trade law, maritime and shipping law, and carriage of goods courses. It is also an invaluable source of reference for legal professionals specialising in this area, and shipbroking and cargo firms.


'Misdelivery claims under bills of lading and international conventions for the carriage of goods by sea', published as Chapter 9 in The Carriage of Goods by Sea under the Rotterdam Rules. (2011, Informa)


The lien on cargo is a possessory right that gives the ship owner the possibility to retain cargo until the freight is paid (Baatz, 2008; Baughen, 2009). Being contractual in nature, it is enforceable only against a party belonging to the contract of carriage (Wilson, 2010). When the cargo is owned by the charterer, the ship owner is entitled to lien the goods under the express terms of the charterparty (Baatz, 2008). The situation is different when the cargo is owned by a third party because the possibility of exercising the lien depends on the existence of a lien clause in the bill of lading (Baatz, 2008; Baughen, 2009) or on the incorporation in the bill of lading, issued to a third party, of the charterparty terms (Wilson, 2010). Before looking closer into such a question, it is worth reminding ourselves that there is a difference in nature between the lien in the case of a demise charter and a voyage charterparty lien. The ship owner is not in the position to prevent the delivery of goods and a lien clause has more the nature of an equitable lien (similar to the one in the time charter contracts) because possession belongs to the charterer (Jackson, 2013). On the other side, where the bill of lading does not contain provisions on lien, nor incorporates the lien clause from the charterparty, there are conflicting dicta (Baatz, 2008). They stem from the different interpretation of Clause 18 of the NYPE: "The Owners shall have a lien upon all cargoes, and all sub-freights and/or sub-hire for any amounts due under this Charter Party ..."


Although the lien on sub-freights is not a possessory right, a rule relating to possessory lien is applicable by analogy; namely a person is not entitled to exercise a right lien over his own goods (Treitel & Reynolds, 2005). It is important in the present context to define cases where the bills of lading are issued by the charterer against those issued by the ship owner (Wilson, 2010). When bills of lading are issued by the charterer they are signed on their own behalf or by the master as agent in the name of the charterer, the contract of carriage is between the shipper and the charterer and the legal right to freight is in the charterer (Wilson, 2010). The ship owner will claim a lien over the freight (Singh, 2011). In the alternative case, when the bills of lading issued by the charterer are signed by the master as agent on behalf of the ship owner, the contract of carriage is between the shipper and the ship owner and the bills are ship owner's bills of lading (Wilson, 2010; Singh, 2011). In this latter case the ship owner has an ab initio right over the freight coming from the bill of lading and apparently it is no longer necessary to give notice to the debtor (Treitel & Reynolds, 2005). 041b061a72


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