Chapter 1 The outline of the transaction

The problems of international sales

The outline of the transaction

The sale contract and the parties

Forms of overseas sale contracts

The contract of carriage

Carriage by sea

Carriage by air and land

Combined transport

The insurance of goods in transit

Payment arrangements

Chapter 2 The carriage of goods by sea

Carriage in a general ship

The bill of lading and the contract of carriage

The bill of lading as a receipt

Statement of quantity

Statement of condition

Statement of leading marks

The bill of lading as a document of title

The Carriage of Goods by Sea Act 1992

Other documents

Mate's receipt

Sea way-bill

Delivery orders

Modern communication methods

The carrier's responsibilities under a bill of lading

Seaworthiness

Deviation

Delay

Care of the cargo

Discharge of cargo

Limitation of liability

Variation of liability

Limitation of action

Third parties and the contract

The shipper's responsibilities

Freight

Dangerous goods

General average

Charterparties

Voyage charterparties

Time charterparties

Bills of lading and charterparties

The Hamburg Rules

Limitations

Bills of lading

Chapter 3 Sales contracts based on sea carriage

Fob contracts

The goods

The port of loading

The nomination of the ship

Delivery

Loading

The passing of property

Risk

Buyer or seller as shipper

Freight and bills of lading

Administrative duties and payments

Payment

Fas contracts

Cif contracts

Cif and fob

Cif and variations

A sale of documents?

Shipment

Appropriation

The documents in cif contracts

The tender of the documents

The passing of property

Risk

Payment

Arrival (Ex-ship) contracts

Free delivered

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

The international conventions

Carriage by air

The Warsaw Convention 1929

The Warsaw Convention 1955

Non-convention carriage rules

IATA conditions

Sale contracts based on carriage by air

Carriage by land: road

The CMR Convention 1956

Sale contracts based on road carriage

Carriage by land: rail

The CIM Convention 1970

Sale contracts based on rail carriage

Free on rail (FOR)

Free on truck (FOT)

Chapter 5 Combined transport

General

The problems of combined transport

Combined transport regulation

Sale contracts based on combined transport

Chapter 6 Insurance in the international sale transaction

The insurance of goods in transit

The insurable interest

Assignment of interest and policy

Disclosure of material facts

Representations

Warranties

The description of the goods

Types of policy

Loss and proximate cause

Types of loss

Actual total loss

Constructive total loss

Partial loss

Special contractual arrangements

The period of cover

The risks covered

Subrogation and double insurance

Underinsurance

Insurance by ECGD

Comprehensive short term guarantees

Assignment and direct guarantees

Chapter 7 Payment in international sales

Bills of exchange

Direct payment

Collection

Documentary credits

General

Types of documentary credits

The relationship of the parties

The opening of the credit

The tender of documents

Establishment of a credit as payment

Expiry

Assignment and transfer of credits

Chapter 8 Disputes in international transactions

The conflict of laws

The problem of conflict

The proper law of the contract

The parties' choice of law

Inferring the proper law

Foreign illegality

Proceedings and jurisdiction

Defendants outside the jurisdiction

The 'Mareva' injunction

European rules on jurisdiction

Sovereign immunity

The Protection of Trading Interests Act 1980

Arbitration

Arbitration and litigation

The appointment of arbitrators

Arbitration agreements

Arbitrators' powers

English arbitration and appeals

Exclusion of appeal

Appeals from arbitration

ICC Court of Arbitration

Enforcement of foreign judgments and awards

Judgments

Arbitration awards

Chapter 9 European Community law and international sales

Disputes

The Rome Convention

Jurisdiction and enforcement of judgments within the EC

Regulation of the courts' jurisdiction

The free movement of goods

Documentation for Community Transit

Community Transit

EC preferential tariff treatment

Appendices

1 Specimen form of bill of lading

2 Carriage of Goods by Sea Act 1992

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

4 The Hamburg Rules

5 The Warsaw Conventions

6 UNCTAD/ICC Rules for multimodal transport documents

7 Sale of Goods Act 1979

8 The Institute Cargo Clauses

9 ICC Uniform Customs and Practice for Documentary Credits

Index