International Commercial Sales: The Sale of Goods on Shipment Terms

International Commercial Sales: The Sale of Goods on Shipment Terms

Author: Andrea Lista

Publisher: Taylor & Francis

Published: 2016-11-18

Total Pages: 561

ISBN-13: 1317662385

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This book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract. Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikely option for the buyer. Traders around the world very frequently choose English law to govern their contracts, with disputes to be resolved through London arbitration or litigation. The basis of that law is to be found in the English Sale of Goods Act 1979, and the book consequently also includes an examination of the fundamental principles of that Act, as well as considering use of the Vienna Convention on the International Sale of Goods. This book will be an invaluable reference point for legal practitioners specialising in the sale of goods, as well as postgraduate students and academic researchers working in sales of goods and the international trade sector.


International Commercial Sales: The Sale of Goods on Shipment Terms

International Commercial Sales: The Sale of Goods on Shipment Terms

Author: Andrea Lista

Publisher: Taylor & Francis

Published: 2016-11-18

Total Pages: 581

ISBN-13: 1317662377

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This book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract. Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikely option for the buyer. Traders around the world very frequently choose English law to govern their contracts, with disputes to be resolved through London arbitration or litigation. The basis of that law is to be found in the English Sale of Goods Act 1979, and the book consequently also includes an examination of the fundamental principles of that Act, as well as considering use of the Vienna Convention on the International Sale of Goods. This book will be an invaluable reference point for legal practitioners specialising in the sale of goods, as well as postgraduate students and academic researchers working in sales of goods and the international trade sector.


The Rotterdam Rules and International Trade Law

The Rotterdam Rules and International Trade Law

Author: Ioanna Magklasi

Publisher: Routledge

Published: 2018-09-03

Total Pages: 243

ISBN-13: 1351629921

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This book offers an original academic study of the Rotterdam Rules. It analyses the salient articles that will have an impact on international sale contracts governed by English law, including the most popularly used international law instruments, terms and standard sale contracts. Looking beyond the legal relationship of carrier-shipper and carrier-receiver, this book examines the important articles of the Rotterdam Rules that affect the ability of the trading protagonists to perform their sale contract.


The Geography of Transport Systems

The Geography of Transport Systems

Author: Jean-Paul Rodrigue

Publisher: Routledge

Published: 2013-07-18

Total Pages: 432

ISBN-13: 1136777326

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Mobility is fundamental to economic and social activities such as commuting, manufacturing, or supplying energy. Each movement has an origin, a potential set of intermediate locations, a destination, and a nature which is linked with geographical attributes. Transport systems composed of infrastructures, modes and terminals are so embedded in the socio-economic life of individuals, institutions and corporations that they are often invisible to the consumer. This is paradoxical as the perceived invisibility of transportation is derived from its efficiency. Understanding how mobility is linked with geography is main the purpose of this book. The third edition of The Geography of Transport Systems has been revised and updated to provide an overview of the spatial aspects of transportation. This text provides greater discussion of security, energy, green logistics, as well as new and updated case studies, a revised content structure, and new figures. Each chapter covers a specific conceptual dimension including networks, modes, terminals, freight transportation, urban transportation and environmental impacts. A final chapter contains core methodologies linked with transport geography such as accessibility, spatial interactions, graph theory and Geographic Information Systems for transportation (GIS-T). This book provides a comprehensive and accessible introduction to the field, with a broad overview of its concepts, methods, and areas of application. The accompanying website for this text contains a useful additional material, including digital maps, PowerPoint slides, databases, and links to further reading and websites. The website can be accessed at: http://people.hofstra.edu/geotrans This text is an essential resource for undergraduates studying transport geography, as well as those interest in economic and urban geography, transport planning and engineering.


Business Law I Essentials

Business Law I Essentials

Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Publisher:

Published: 2019-09-27

Total Pages: 180

ISBN-13: 9781680923025

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A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.


Maritime Law

Maritime Law

Author: Yvonne Baatz

Publisher: Taylor & Francis

Published: 2020-10-29

Total Pages: 738

ISBN-13: 100020264X

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Now in its fifth edition, this authoritative guide covers all of the core aspects of maritime law in one distinct volume. Maritime Law is written by a team of leading academics and practitioners, each expert in their own field. Together, they provide clear, concise and fully up-to-date coverage of topics ranging from bills of lading to arrest of ships, all written in an accessible and engaging style. As English law is heavily relied on throughout the maritime world, this book is grounded in English law whilst continuing to analyse the key international conventions currently in force. Brand new coverage includes: The impact of the European Union (Withdrawal Agreement) Act 2020 which amends the European Union (Withdrawal) Act 2018. Over one hundred new cases from the English courts, the Court of Justice of the European Union and the International Tribunal for the Law of the Sea. Changes to the Merchant Shipping (Registration of Ships) Regulations 1993, including the Merchant Shipping (Registration of Ships) (Amendment) (EU exit) Regulations 2019. Discussion of the Incoterms 2020 which are available for incorporation into sale contracts from 1 January 2020. Updates on litigation and amendments to the Admiralty Civil Procedure Rules. This book is a comprehensive reference source for students, academics and legal practitioners worldwide, especially those new to maritime law or a particular field therein.


Sale of Goods

Sale of Goods

Author: Michael Bridge

Publisher: OUP Oxford

Published: 2014-01

Total Pages: 0

ISBN-13: 9780199685110

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This is the third edition of the leading authority on English sale of goods law known for its clarity of expression, rigorous scholarship and depth of treatment of problem areas.


C.I.F. and F.O.B. Contracts

C.I.F. and F.O.B. Contracts

Author: Filippo Lorenzon

Publisher: Sweet & Maxwell

Published: 2012

Total Pages: 793

ISBN-13: 042191890X

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La 4e de couverture indique : "Offers Practical advice on C.I.F. and F.O.B. contracts and their most common variants with easy reference to solutions for issues you may be face. Covers the nature of each sales term under both Common law and the new Incoterms ® 2010 Rules, including: property and risk in the goods, the physical shipment, the documentary tender of bills of lading, policies and certificates of insurance, licences and certificates together with payment, remedies for breach and conflict of laws. Includes commentary on all the significant legislative and contractual developments and new decisions of the European Court of Justice, the Supreme Court/House of Lords, the Court of Appeal and the Commercial Court. Covers in full the CIF and FOB Incoterms ® 2010 Rules often incorporated by reference in shipment sales of commodities and manufactured goods. Includes express references to the most common standard form contracts in current use such as the GAFTA (2010 edn), and FOSFA (2008 edn) C.I.F. and F.O.B. forms and the 2009 Institute Cargo Clauses. Includes a detailed analysis of the effects of the Uniform Customs and Practice for Documentary Credits (the UCP 600) on documentary tender and their influence on recent judicial trends."


The Bill of Lading

The Bill of Lading

Author: Frank Stevens

Publisher: Routledge

Published: 2017-12-14

Total Pages: 238

ISBN-13: 1351214209

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The carriage of goods by sea starts off with a contract of carriage, an essentially simple and straightforward contract between two parties, the shipper and the carrier. Very often, however, a bill of lading is issued and a third party appears on the scene: the holder of the bill of lading. The holder was not involved in the making of the contract of carriage, but does have rights, and possibly obligations, against the carrier at destination. The question then is how the third-party holder of the bill acquires those rights and obligations. Analysing the different theories that have been proposed to explain the position of the third party holder, this book makes a distinction between contractual theories and non-contractual theories to explain the holder's position. Contractual theories build on the initial contract of carriage and apply contract law mechanisms while non-contractual theories construe the position of the third-party holder independently. Following the analysis and appraisal of the different theories, this book makes the case that the position of the third-party holder of the bill of lading is not obvious or self-evident; and submits that a statutory approach to the position of the holder of the bill of lading has advantages and would be preferable.


Arbitration Clauses and Third Parties

Arbitration Clauses and Third Parties

Author: Asli Arda

Publisher: Taylor & Francis

Published: 2023-07-18

Total Pages: 323

ISBN-13: 1000899772

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This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties. This book will be directly of interest to lawyers and professionals in arbitration, reinsurance, construction, and shipping, as well as to relevant academic courses.