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Chapter 1 The outline of the transaction1

The problems of intemational sales1

The outline of the transaction3

The sale contract and the parties3

Forms of overseas sale contracts4

The contract of carriage7

Carriage by sea7

Carriage by air and land8

Combined transport9

The insurance of goods in transit9

Payment arrangements10

Chapter 2 The carriage of goods by sea13

Carriage in a general ship13

The bill of lading and the contract of carriage15

The bill of lading as a receipt16

Statement of quantity17

Statement of condition18

Statement of leading marks20

The bill of lading as a document of title21

An electronic bill of lading23

The Carriage of Goods by Sea Act 199225

Other documents26

Mate’s receipt26

Sea way-bill27

Delivery orders27

The carrier’ s responsibilities under a bill of lading29

Seaworthiness29

Deviation32

Delay34

Care of the cargo34

Discharge of cargo38

Limitation of liability39

Variation of liability41

Limitation of action41

Third parties and the contract41

The shipper’s responsibilities43

Freight43

Dangerous goods43

General average44

Charterparties46

Voyage charterparties46

Time charterparties47

Bills of lading and charterparties47

The Hamburg Rules48

Limitations50

Bills of lading50

Chapter 3 Sale contracts based on sea carriage51

FoB contracts52

The goods54

The port of loading55

The nomination of the ship56

Delivery57

Loading58

The passing of property59

Risk62

Buyer or seller as shipper62

Freight and bills of lading63

Administrative duties and payments63

Payment64

FAS contracts64

CIf contracts65

CIf and FoB65

CIf and variations67

A sale of documents？70

Shipment72

Appropriation74

The documents in CIF contracts77

The tender of the documents89

The passing of property90

Risk95

Payment96

Arrival （ex-ship） contracts97

Free delivered98

Chapter 4 Carriage by air and land and sale contracts based thereon101

The intemational conventions101

Carriage by air102

The Warsaw Convention 1929103

The Warsaw Convention 1955108

Non-convention carriage rules109

IATA conditions110

The Montreal Convention 1999110

Sale contracts based on carriage by air110

Carriage by land：road111

The CMR Convention 1956111

Sale contracts based on road carriage115

Carriage by land： rail115

The CIM Convention 1970115

Sale contracts based on rail carriage116

Free on rail （FOR）116

Free on truck （FOT）117

Chapter 5 Combined transport119

General119

The problems of combined transport121

Documents121

Liability124

Combined transport and established contracts125

The problems of containers127

Combined transport and documentary credits128

Combined transport regulation128

Documents129

Carrier’s liability129

Limitation of liability129

Liability of consignor130

Limitation of action130

Sale contracts based on combined transport130

Chapter 6 Insurance in the international sale transaction133

The insurance of goods in transit133

The insurable interest134

Assignment of interest and policy136

Disclosure of material facts138

Representations143

Warranties144

The description of the goods145

Types of policy148

Loss and proximate cause151

Types of loss153

Actual total loss153

Constructive total loss154

Partial loss156

Special contractual arrangements159

The period of cover160

The risks covered160

Subrogation and double insurance162

Underinsurance163

Insurance by the ECGD163

Comprehensive short term guarantees165

Assignment and direct guarantees166

Chapter 7 Payment in international sales169

Bills of exchange169

Direct payment170

Collection171

Documentary credits173

General173

Types of documentary credits175

The relationship of the parties178

The opening of the credit179

The tender of documents183

Electronic documents188

Establishment of a credit as payment189

Expiry191

Assignment and transfer of credits191

Chapter 8 Disputes in international transactions195

The conflict of laws195

The problem of conflict195

The proper law of the contract196

The parties’ choice of law197

Inferring the proper law199

Foreign illegality200

Proceedings and jurisdiction202

Defendants outside the jurisdiction202

The freezing injunction204

European rules on jurisdiction204

Sovereign immunity205

The Protection of Trading Interests Act 1980206

Arbitration206

Arbitration and litigation206

The Arbitration Act 1996207

Appointment of arbitrators208

Arbitration agreements209

Arbitrators’ powers210

English arbitration and appeals210

Exclusion of appeal211

Appeals from arbitration212

ICC Court of Arbitration213

Enforcement of foreign judgments and awards214

Judgments214

Arbitration awards214

Chapter 9 European Community law and international sales215

Disputes215

The Rome Convention215

Jurisdiction and enforcement of judgments within the EC216

Regulation of the courts’jurisdiction218

The free movement of goods220

Documentation for Community Transit220

Community Transit221

EC preferential tariff treatment222

Appendix 1 Specimen form of bill of lading223

Appendix 2 Carriage of Goods by Sea Act 1992227

Appendix 3 Carriage of Goods by Sea Act 1971 and the Hague-Visby Rules233

Appendix 4 The Hamburg Rules245

Appendix 5 The Warsaw Conventions265

Appendix 6 UNCTAD/ICC Rules for multimodal transport documents279

Appendix 7 Sale of Goods Act 1979287

Appendix 8 Sale of Goods （Amendment） Act 1995293

Appendix 9 The Institute Cargo Clauses297

Appendix 10 ICC Uniform Customs and Practice for Documentary Credits307

Index339