E-Thesis 736 views
Legal Aspects of Incorporation of Clause Paramount in Time Charters, Voyage Charters and Bills of Landing / ARTEM SHCHUKIN
Swansea University Author: ARTEM SHCHUKIN
DOI (Published version): 10.23889/SUthesis.58895
Abstract
The main purpose of this thesis is to examine the effect of a clause paramount in bills of lading and charterparties and to clarify how this clause is interpreted by English courts. The primary complexity that arises in the bill of lading context comes from the scope of the incorporated Hague or Hag...
| Published: |
Swansea
2021
|
|---|---|
| Institution: | Swansea University |
| Degree level: | Doctoral |
| Degree name: | Ph.D |
| Supervisor: | Baughen, Simon ; Tettenborn, Andrew |
| URI: | https://cronfa.swan.ac.uk/Record/cronfa58895 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Abstract: |
The main purpose of this thesis is to examine the effect of a clause paramount in bills of lading and charterparties and to clarify how this clause is interpreted by English courts. The primary complexity that arises in the bill of lading context comes from the scope of the incorporated Hague or Hague-Visby Rules, which depends on the different variants of clause paramount, applicable statute and the country of shipment. In the charter party context, a clause paramount has created a great deal of difficulty with the construction of contracts, especially in regard to the significance of the word “paramount” and the extent to which the incorporated articles override other provisions in a charterparty. The thesis is divided into two parts: Part One is focused on the structure and interpretation of the Hague Rules as an international treaty. It examines the purpose of a clause paramount, based on its wording and different scenarios, and deals with contractual interpretation when the Rules are given effect by “force of law” or incorporated purely by contract. Part Two investigates the way how a Clause Paramount, when incorporated in the contract, affects the parties’ rights and obligations. It specifically deals with the fundamental obligation of seaworthiness and the secondary functions of the carrier. It examines the protection of third parties and investigates the interplay of Clause Paramount with the terms of the Inter-Club Agreement. |
|---|---|
| College: |
Faculty of Humanities and Social Sciences |