Illahi Bux Bughio

Int: Disputes Legal Counsel | Construction, Real Estate, Int: Trade | Litigation, Arbitration & Shareholder Matters | UK PG Int’l Trade Law& Legal Studies

[Illahi Bux Bughio @IB_Bughio]

English law: Doctrine of public policy should only be invoked in clear cases in which the harm to the public is substantially incontestable & does not depend upon the idiosyncratic inferences of a few judicial minds. [Fender v. St John Mildmay 1938 A.C. 1 at 12 per Lord Atkin]

[Illahi Bux Bughio @IB_Bughio]

In the absence of a choice of law, the courts determine the law by identifying the system of law with which the transaction has its closest&most real connection. Courts consider the factors: place of contracting, place of performance&place of residence or business of the parties

[Illahi Bux Bughio @IB_Bughio]

In int: trade disputes, a seller’s claim may, in many cases, be established by a core set of documents: the PO, B/L, pro forma invoice reflecting the PO& the manufacturer’s packing list evidencing the quantities packed, alongside inspection reports.

[Illahi Bux Bughio @IB_Bughio]

In conflict of laws:

Lex causae governs substantive contractual rights and obligations.
Lex fori governs procedure, remedies, and enforcement.
Lex situs governs proprietary effects relating to immovable property.

[Illahi Bux Bughio @IB_Bughio]

Conflict of laws is not about choosing one legal system over another. Substantive rights are governed by the proper law of the transaction, while procedure and enforcement are governed by the lex fori. Vita Food Products and Mount Albert Borough still get it right.

[Illahi Bux Bughio @IB_Bughio]

Handling cases in the ADGM Courts have provided fascinating insight into complex legal issues: the governing law governs substantive matters, such as; validity & obligations. Lex loci solutionis (law of performance) applies to the procedural issues; such as enforcement.

[Illahi Bux Bughio @IB_Bughio]

Under Hague-Visby, shipowners must exercise due diligence to make the vessel seaworthy, & carriers must properly load and discharge cargo. At common law, the shipowner’s seaworthiness duty is absolute, the ship must be fit to load, carry& discharge against ordinary voyage perils

[Illahi Bux Bughio @IB_Bughio]

An indemnity given to the carrier in order to induce him to deliver the goods to the consignee without production of the bill of lading, although in some instances equally reprehensible, is valid& enforceable by the carrier.[Sze Hai v Rambler cycle ltd. 1957 A.C 576 para 15-038]

[Illahi Bux Bughio @IB_Bughio]

The correct date of a “shipped” B/L is the date when all the goods are loaded & it must not be dated earlier. The date of the B/L is material in 3 legal relationships, in relation to: contract of carriage, contract of sale& the bank; if payment is arranged under a L/C.

[Illahi Bux Bughio @IB_Bughio]

A “shipped” bill means the goods are loaded on board. A “received for shipment” bill only confirms the carrier/shipowner has taken custody of goods. Because it doesn’t prove loading, a “received” bill is less valuable than a “shipped” one.

[Illahi Bux Bughio @IB_Bughio]

Broker is responsible to the insurer for the premium& that the broker can recover premium from the assured even if he hadn’t paid them. This rule can only be displaced by clear words indicating that the parties intended to make such a change to their relationship.

[Illahi Bux Bughio @IB_Bughio]

A regular bill of lading& a charterparty bill of lading: the former forms a direct contract b/w shipper&carrier, usually doesn’t refer to another contract; the latter is based on a charterparty b/w shipowner&charterer, incorporates the charterparty terms&Hague Rules do not apply

[Illahi Bux Bughio @IB_Bughio]

Goods: all types of articles, except live animals & cargo that under the carriage contract is stated to be carried on deck. Where a B/L allows the shipowner to carry cargo on deck; the shipowner is not relieved of their obligations under the Rules to stow properly & carefully.

[Illahi Bux Bughio @IB_Bughio]

If the contract of carriage is not governed by the Hague Rules, the common law rules apply. According to common law, the carrier impliedly undertakes the same liability as a common carrier, namely to carry the goods at his own absolute risk except if goods are lost by act of God

[Illahi Bux Bughio @IB_Bughio]

When a paramount clause is incorporated into a contract, the purpose is to give the Hague Rules contractual force, Bill of lading may contain very wide exceptions, the Rules are paramount & make the shipowners liable…..[Adamastos v. Anglo-Saxon Petroleum 1957 2 Q.B 233 at 266]

[Illahi Bux Bughio @IB_Bughio]

Carriers can’t contract out of their liability for loss of or damage to, or in connection with, goods arising from their negligence, fault, failure in their duties imposed by the Rules. A clause in the contract of carriage purporting to relieve of obligations would be null&void.

[Illahi Bux Bughio @IB_Bughio]

The shipowner’s responsibility for the goods doesn’t cease when the ship arrives at the port of destination but only after he has duly delivered the goods to the consignee in accordance with the provisions of the contract of carriage, as evidenced by B/L or as stipulated by law.

[Illahi Bux Bughio @IB_Bughio]

At common law, in the absence of special agreement or custom, the shipper (exporter) has to deliver the goods alongside the ship or within reach of her tackle at his own expenses. When the goods are delivered to shipowner, the shipper receives a doc known as the mate’s receipt.

[Illahi Bux Bughio @IB_Bughio]

The ship’s manifest is a doc that contains full particulars of marks,numbers,quantity,contents, shipper&consignee, with the particulars required by the consular authorities of the State to which the goods are being forwarded. It contains details of the complete cargo of the ship

[Illahi Bux Bughio @IB_Bughio]

Shipowner’s Sailing card: contains a reference to the closing date,i.e. the last date when goods ll be received by the ship for loading. The closing date is usually a few days in advance of the actual sailing date in order to give the ship opportunity to get ready for the voyage