Download Maritime Letters of Indemnity by Felipe Arizon, David Semark PDF

By Felipe Arizon, David Semark

This detailed new identify presents professional, hands-on suggestion as to the legislation and perform of the maritime letter of indemnity. Detailing the range of implications which can come up from each one kind of letter, the authors carry this crucial and litigious topic to the fore in an effort to decreasing the economic and felony dangers fascinated with this middle sector of delivery and overseas trade.

As the one textual content presently out there protecting maritime letters of indemnity in such aspect, this e-book could be an quintessential advisor for maritime legal professionals, execs and lecturers alike, in addition to shipowners, charterers, commodity investors and alternate finance pros.

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Extra resources for Maritime Letters of Indemnity

Sample text

For transferability of the bill of lading to work, all the 7. Hogarth Shipping Co. Ltd v Blythe Greene Jourdain & Co. Ltd [1917] 2 KBD 534. 8. For an application of this principle to charterparty disputes, see p. 33, The Artic Trader [1996] 2 Lloyd’s Rep 449. It is suggested by the editors of Carver on Bills of Lading, Treitel G H, Reynolds F MB, Carver on Bills of Lading, 3rd Edition, (London: Sweet and Maxwell, 2011) at 50: “It is, however, possible to imagine situations in which a shipper (no less than a consignee or indorsee of the bill) might seek to rely on an estoppel without having to take inconsistent positions of the kind just described”, that in very exceptional cases, the shipper may benefit from the common law estoppel by representation, provided the shipper has performed his part of the contract and the falsity of the representation as to the shipment of the cargo made on the bill is due solely to the conduct of the carrier or his agents.

25. The charterparty provided, inter alia, at clause 8: “The Captain . . The charterers or their agents are authorised whenever required to sign bills of lading on the Master’s behalf in accordance with the Mate‘s receipt. But charterers are to accept all consequences that might result from charterers and/or their agents signing bills of lading not adhering to the remarks in the Mate’s receipt”. 26. Scally and others v Southern Health and Social Services Board (HL) [1992] 1 AC 294. 27. Rudolf A Oetker v IFA Internationale Frachagentur AG (The ‘Almak’) [1985] 1 Lloyd’s Rep 557, see at p.

See at p. 109. 16. See GAFTA 100 forms on CIF terms version 2003 and 2006, appendices pp. 223–234. 17. The Sormovskiy [1994] 2 Lloyd’s Rep 266. 18. Glebe Island Terminals Pty v Continental Seagram Pty (The Antwerpen) [1994] 1 Lloyd’s Rep 213. 19. The Jag Ravi [2012] 1 Lloyd’s Rep. 637. 21 as the previous charter concluded between the parties, clause 67 of which had provided: “In case the original Bills of Lading not be available upon vessel’s arrival discharge port, Owners/Master agree to discharging/release cargo against presentation of Charterers Letter of Indemnity in Owners P&I Club wording signed by Charterers only.

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