Taking delivery of gdris without preducing the B/L is a common problem in the shipping business. The author of this article explains this problem by analysing related maritime cases and draws some legal conclusions re...Taking delivery of gdris without preducing the B/L is a common problem in the shipping business. The author of this article explains this problem by analysing related maritime cases and draws some legal conclusions relating to this problem. The article also touches on the letter of guarantee needed in solving this problem.展开更多
“可仲裁性”(arbitrability)的课题与管辖权(jurisdiction)常有混淆,特别像在美国法院是混为一谈。笔者把管辖权问题视为主要出自: 1．双方的主合约存在(existence of main contract)与否之争。因为有太多争议可导致这方面的问题,如“...“可仲裁性”(arbitrability)的课题与管辖权(jurisdiction)常有混淆,特别像在美国法院是混为一谈。笔者把管辖权问题视为主要出自: 1．双方的主合约存在(existence of main contract)与否之争。因为有太多争议可导致这方面的问题,如“误述”(misrepresentation),“胁迫”(duress),“非法”(illegality),“错误”(mistake), 等等。展开更多
分析止诉禁令与仲裁的关系,归纳申请伦敦仲裁一方当事人面对另一方在其他国家法院起诉的对策,探讨《布鲁塞尔规则》对英国法院就欧盟法院诉讼作出止诉禁令的冲击后,提出保护伦敦仲裁与针对the"Front Com or"案可以考虑的6个...分析止诉禁令与仲裁的关系,归纳申请伦敦仲裁一方当事人面对另一方在其他国家法院起诉的对策,探讨《布鲁塞尔规则》对英国法院就欧盟法院诉讼作出止诉禁令的冲击后,提出保护伦敦仲裁与针对the"Front Com or"案可以考虑的6个对策及向英国法院申请止诉禁令的原则等。展开更多
Laytime/Demurrage counting is one of the most complicated affairs in tramp shipping practice. In the Hong Kong maritime arbitrations,a large number has to do with the counting of laytime and demurrage. The paper discu...Laytime/Demurrage counting is one of the most complicated affairs in tramp shipping practice. In the Hong Kong maritime arbitrations,a large number has to do with the counting of laytime and demurrage. The paper discusses three legal problems in this field,namely, fault of Owners,exception clause and port congestion.The author maintains that the charterers can rely on the fault of Owners and an exception clause in the charterparty to interrupt the counting of time. He also argues that who──the Owners or the charterers──have to bear the financial risk of delay in a congested post must ultimately be dependant on what the charterparty said.展开更多
文摘Taking delivery of gdris without preducing the B/L is a common problem in the shipping business. The author of this article explains this problem by analysing related maritime cases and draws some legal conclusions relating to this problem. The article also touches on the letter of guarantee needed in solving this problem.
文摘“可仲裁性”(arbitrability)的课题与管辖权(jurisdiction)常有混淆,特别像在美国法院是混为一谈。笔者把管辖权问题视为主要出自: 1．双方的主合约存在(existence of main contract)与否之争。因为有太多争议可导致这方面的问题,如“误述”(misrepresentation),“胁迫”(duress),“非法”(illegality),“错误”(mistake), 等等。
文摘Laytime/Demurrage counting is one of the most complicated affairs in tramp shipping practice. In the Hong Kong maritime arbitrations,a large number has to do with the counting of laytime and demurrage. The paper discusses three legal problems in this field,namely, fault of Owners,exception clause and port congestion.The author maintains that the charterers can rely on the fault of Owners and an exception clause in the charterparty to interrupt the counting of time. He also argues that who──the Owners or the charterers──have to bear the financial risk of delay in a congested post must ultimately be dependant on what the charterparty said.
