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Abstract

The Author is an expert on United States’ maritime (admiralty) law and on American legislative process. The Rotterdam Rules, or the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partially by the Sea, drafted by the UN General Assembly on 11 December 2008 (Resolution 63/122), create a new legal order on affreightment and thus aim at replacing the Hague Rules, the Hague-Visby Rules and the Hamburg Rules. The Author argues that the dominant legislative contribution to the draft is American. The United States have amended their own maritime law and, at the same time, internationalized some of its content. If the US ratification process is completed within the next 2 years with the signature of the President, the USA, representing 25% of the world’s overall tonnage, shall be the game-changer in international law on carriage of goods by the sea.
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Abstract

The article provides the first comparative take on the issues surrounding the delivery of cargo without bill of lading in Polish legal literature. The author excludes Rotterdam Rules and domestic regulations of the subject as these call for further studies. The author notes that bill of lading is recognized in legal systems all over the world as it remains the cornerstone of maritime trade, especially in the department of mass cargo transport. Divergences however do happen and they manifest themselves in several ways. The bill of lading may be substituted by avariety of waybills and shipping lists, as well as electronic negotiable instruments, the latter of which being already in use for years. None of these, however, seem to address the problem in every respect. The author’s approach is rooted common law, the prevalent system in global maritime trade.
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Abstract

The purpose of this analysis is to deal with the first of the conditions for commencement of laytime, i.e. obligation of the vessel to arrive at the agreed destination. The position, prima facie, with regard to berth, dock or port is relatively straightforward, it having been established that the vessel only becomes an arrived ship when it enters the specified berth, dock or port, respectively. In all three cases, in principle, the risk of delay in reaching the specified berth, dock or port is borne by the shipowner. In many cases, the shipowners, for obvious reasons are not prepared to bear such a risk for loss and take appropriate action. In particular, they demand the inclusion, in the charterparty, of a specific clause shifting the risk of such loss. We will deal therein below with one of the most commonly used forms of such a clause namely – “Time lost waiting for a berth clause” against broader picture of current English jurisdiction.
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