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This book is divided into two parts. Part I deals with the law relating to International Sale of Goods, incoterms, carriage of goods by sea, mode of payment in international trade and topics included in dry & wet shipping. Part II deals with the newly enacted Admiralty Act 2017, enforcement of maritime claims and Ship Arrest in India. The book explains what maritime law is and the application of law and the course of action for upon a legal issue with respect to international shipping.
Conceptually, the book covers four broad horizons of the prevailing institutional maritime law. First, a portion has been devoted to showcasing the rich historical heritage of admiralty law and its traditions. Second, keeping in mind the interrelationship between laws and commercial practices viz. shipping and international trade and commerce, most of the topics have been explained by highlighting both the legal as well as the commercial importance and understandings of the same. Third, this book also tries to highlight the importance of the various international conventions and attempts at standardizations of laws and commercial practices that have been and are being pursued by the various maritime nations and International maritime authorities. Lastly, the complex nature of in rem and in personam jurisdiction and the interrelationship between the two, and its relevance to enforcement of maritime claims has also been discussed.
The various complex processes of international trade and shipping have been attempted to be explained with diagrams to simplify the role of different parties and various steps involved in a commercial transaction. This overview of the entire shipping process makes it easier to understand and explain the difficulty in resolving the technical problems of international sales and cargo claims, particularly in-transit losses.
This book covers the entire International Sale of Goods transaction, Parties involved and their role and performance of the contract in a sequential manner. This is a highly technical process. The book explains sequentially and provides clarity on the subject. Besides that, it refers mostly to the law at the domestic and international level revolving around a ship.
This book is divided into two parts. Part I deals with the law relating to International Sale of Goods, incoterms, carriage of goods by sea, mode of payment in international trade and topics included in dry & wet shipping. Part II deals with the newly enacted Admiralty Act 2017, enforcement of maritime claims and Ship Arrest in India. The book explains what maritime law is and the application of law and the course of action for upon a legal issue with respect to international shipping.
Conceptually, the book covers four broad horizons of the prevailing institutional maritime law. First, a portion has been devoted to showcasing the rich historical heritage of admiralty law and its traditions. Second, keeping in mind the interrelationship between laws and commercial practices viz. shipping and international trade and commerce, most of the topics have been explained by highlighting both the legal as well as the commercial importance and understandings of the same. Third, this book also tries to highlight the importance of the various international conventions and attempts at standardizations of laws and commercial practices that have been and are being pursued by the various maritime nations and International maritime authorities. Lastly, the complex nature of in rem and in personam jurisdiction and the interrelationship between the two, and its relevance to enforcement of maritime claims has also been discussed.
The various complex processes of international trade and shipping have been attempted to be explained with diagrams to simplify the role of different parties and various steps involved in a commercial transaction. This overview of the entire shipping process makes it easier to understand and explain the difficulty in resolving the technical problems of international sales and cargo claims, particularly in-transit losses.
This book covers the entire International Sale of Goods transaction, Parties involved and their role and performance of the contract in a sequential manner. This is a highly technical process. The book explains sequentially and provides clarity on the subject. Besides that, it refers mostly to the law at the domestic and international level revolving around a ship.
Rahul Rajpurohit (Author)
First published in India 2023
© 2023, Author
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Only because of my parents, thank you
&
Dedicated to that woman behind the veil
Most of us are aware that Indian law and jurisprudence relating to Admiralty Law has not kept pace with the developments of other seafaring nations. The gap is somewhat filled by the judgements of Admiralty courts. Being commercially and presently an important sector of law, it has not convoked much discussion in Indian legal literature. In 2017, the Parliament acknowledged the urgent need for updating the admiralty law and practice of the country after nearly 130 years. This resulted in the enactment of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017; however, there are many issues unattended by the current regulatory system. The current world order is in search of a new maritime hub and if we can provide an efficient regulatory system and policies, new players would be attracted to the Indian shores. I am of the opinion that legal writing and discussion on maritime laws and policies must be encouraged in our country in order to devise a robust regulatory system and its interpretation and application.
I studied law at the University of Pune and masters from the University of Nottingham. Thereafter, I started practising law in the year 2010. I am grateful to Dr B.S. Bhesania, of Mulla & Mulla and Craigie Blunt & Caroe, for giving me the launchpad in the field of marine laws. In the initial days of practice, I struggled to find any authoritative Indian content on the subject. Even now, most readers rely on British shipping law books. Surprisingly, shipping law has not attracted much academic attention. I felt that unique content that informs the reader demonstrates subject expertise and provides the right level of depth is required to fill the gap.
The purpose of this study is to begin to fill in the gap, specifically, it aims to bring together at one place, references to various laws, principles and commercial practices relating to shipping, international sale of goods and carriage of goods by sea. I mark this work as a reference book, which sequentially addresses the whole shipment process, maritime claims, role of the parties and carriage contract. The topics included in this book are essential elements of the contract of sale, passing of title, carriage of goods and enforcement of admiralty jurisdiction. It will help introduce lawyers, students, and trade professionals to marine law before delving deeper into the subject and to facilitate the same I have appended a list of further readings for various subjects. I hope this book will fulfil the purpose of touching not only generalists and specialists in the field but also other connected professionals and further stimulate interest in shipping law. I would like to highlight that, like all other academic books, this is not a finished book, but rather a work in progress that will continue to grow bigger and better over the years to come.
Conceptually, the book covers four broad horizons of the prevailing institutional maritime law. First, a portion has been devoted to showcasing the rich historical heritage of admiralty law and its traditions. Second, keeping in mind the interrelationship between laws and commercial practices viz. shipping and international trade and commerce, most of the topics have been explained by highlighting both the legal as well as the commercial importance and understandings of the same. Third, this book also tries to highlight the importance of the various international conventions and attempts at standardization of laws and commercial practices that have been and are being pursued by the various maritime nations and International maritime authorities. Lastly, the complex nature of in rem and in personam jurisdiction and the interrelationship between the two, and its relevance to the enforcement of maritime claims have also been discussed.
Phenotypically, the book is divided into two parts. The first part deals with international trade, covering wet and dry shipping. While explaining the various complex processes of international trade and shipping, I have tried to explain the same with diagrams to simplify the role of different parties and the various steps involved in a commercial transaction. This I believe is important as without an overview of the entire shipping process, it is difficult to solve the technical problems of international sales and cargo claims, particularly in-transit losses. The second part shares some views on the newly enacted Admiralty Act, 2017 and the enforcement of maritime claims in India.
This book owes its inception to the Hallward library, Nottingham (University of Nottingham), which granted me access to the world of legal literature. I take this opportunity to express gratitude towards all my colleagues and lawyers in Dubai, Singapore, London & Hongkong, who have shared their views during the process of writing. I am personally indebted to Adv. Shivam Singh for all the discussions we had over the years and his inputs in Part II of the book. Shivam’s constant encouragement shall never be forgotten. Thank you.
Various obligations are owed to various bodies in the field. I wish to acknowledge the Ministry of Shipping, office of Directorate General of Shipping, BIMCO, ICC and various bodies for the exemplary work done for the industry and providing much needed guidance to me.
I would like to acknowledge the extraordinary debt I owe to Mr Toby Thomas of Bloomsbury Publishing, for having faith in the content, for taking risks, for support and for reviewing this book with enormous skill and warmth and precision.
Special appreciation goes to Sadhguru Jaggi Vasudev, whose constant spiritual encouragement and guidance have shaped my life. I want to mention again that I would not be able to get my work done without the continual support of my family-Pratap Singh Rajpurohit, Daulat Kanwar, Sapna-Surendra, Nidhi-Shailendra, Dimple, Sara-Sahil, Somin, Sonit, Pia, Praseeda & Akshiv, including my in-laws- Babu Singh Rajguru, Geeta Devi, Reena, Ashok & Sheetal. Last, but certainly not the least, my deepest respect goes to that woman behind the veil, my great-grandmother, who single-handedly changed the destiny of the family.
Adv. Rahul Rajpurohit
Abbreviations used in shipping law
PART I
Commercial Maritime Law and Law of the sea
Chapter 1 Introduction to marine and trade laws
Chapter 2 The ship – ownership, registration and mortgage
Chapter 3 International sale of goods and Incoterms 2020
Chapter 4 Payment methods and role of banks in international trade
Chapter 5 Law relating to carriage of goods by sea in India (The Indian Carriage of Goods by Sea Act, 1925)
Chapter 6 Role of parties in the shipment process and shipping documents
Chapter 7 Contract of affreightment
Chapter 8A Voyage charterparty
Chapter 8C Bareboat/Demise charter
Chapter 9 Law relating to bill of lading
Chapter 10 Carriage of dangerous goods by sea
Chapter 12A Performance of contract of carriage during loading, voyage and unloading
Chapter 12B Performance of the contract during voyage
Chapter 12C Performance of the contract during unloading
Chapter 13 Law relating to seaports in India
Chapter 14 The law of general average
Chapter 16 Collision of vessels
Chapter 17 Law relating to marine pollution
Chapter 18 The law of marine insurance and P & I insurance (Marine Insurance Act, 1963)
Chapter 19 Multimodal Transportation laws in India
Chapter 20 Maritime cabotage law of India
Chapter 21 Law of the sea and Maritime Zones Act, 1976
PART II
Indian Admiralty Act, 2017 and Enforcement of Maritime Claims
Chapter 22 Introduction to Indian Admiralty Act, 2017
Chapter 23 Action in rem and action in personam
Chapter 24 Preamble and Definition (sections 1 & 2)
Chapter 25 Admiralty jurisdiction (section 3)
Chapter 26 Maritime claims (section 4)
Chapter 27 Arrest and sale of vessel (sections 5 to 8)
Chapter 28 Order of priority in maritime lien and claims (sections 9-10)
Chapter 29 Protection of owner, demise charterer, manager or operator or crew (section 11)
Chapter 30 Procedure and appeals (sections 12 to 15)
Chapter 31 Power of the government to make rules (sections 16 to 18)
Chapter 32 Maritime arbitration and enforcement
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