The Rotterdam Rules: A Practical Annotation

673 Pages·2016·1.56 MB·English

by  Baatz Yvonne

THE ROTTERDAM RULES: A PRACTICAL ANNOTATION
MARITIME AND TRANSPORT LAW LIBRARY

Port State Control

2nd edition

by Dr Z. Oya Özçayir (2004)

War, Terror and Carriage by Sea

by Keith Michel

(2004)

Freight Forwarding and Multimodal Transport Contracts

by David A. Glass (2004)

Marine Insurance: Law and Practice

by F. D. Rose (2004)
by F. D. Rose (2004)

General Average: Law and Practice

2nd edition

by F. D. Rose (2005)

Marine Insurance Clauses

4th edition

by N. Geoffrey Hudson and Tim Madge (2005)

Marine Insurance: The Law in Transition

Edited by Professor D. Rhidian Thomas (2006)

Commencement of Laytime

Donald Davies
(2006)

Liability Regimes in Contemporary Maritime Law

Edited by Professor D. Rhidian Thomas (2007)

Bills of Lading and Bankers’ Documentary Credits

4th edition

by Paul Todd

(2007)

Contracts of Carriage by Land and Air

2nd edition

by Malcolm Clarke and David Yates
(2008)

Legal Issues Relating to Time Charterparties

Edited by Professor D. Rhidian Thomas (2008)

The Evolving Law and Practice of Voyage Charterparties

Edited by Professor D. Rhidian Thomas (2009)

International Carriage of Goods by Road: CMR

5th edition

by Malcolm A. Clarke (2009)

Risk and Liability in Air Law

by George Leloudas

(2009)

THE ROTTERDAM RULES: A PRACTICAL ANNOTATION

BY

YVONNE BAATZ

CHARLES DEBATTISTA

FILIPPO LORENZON

ANDREW SERDY

HILTON STANILAND

MICHAEL TSIMPLIS
Informa Law Mortimer House

37–41 Mortimer Street

London W1T 3JH

[email protected]

An Informa business

© Institute of Maritime Law 2009

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library ISBN 978-
1-84311-824-4

All rights reserved. No part of this publication may be reproduced, stored in a
retrieval system, or transmitted, in any form or by any means, electronic,
mechanical, photocopying, recording or otherwise, without the prior written
permission of Informa Law.

Whilst every effort has been made to ensure that the information contained in
Whilst every effort has been made to ensure that the information contained in
this publication is correct, neither the authors nor Informa Law can accept any
responsibility for any errors or omissions or for any consequences arising
therefrom.
Preface

The Hague-Visby Rules have been in force in this jurisdiction for over 30 years.
In those three decades they have performed valiant service, both for the
development of maritime law in this country and for the countless parties from
around the world who have chosen courts and arbitral tribunals in London for
the resolution of disputes arising under bills of lading or under charterparties
incorporating the Hague-Visby Rules.
Three developments have, however, made sure that the Hague-Visby Rules
should start showing their age. First, the gigantic increase in container traffic has
required more serious legislative attention than the simple package/unit tinkering
effected in the 1968 Visby Protocol. Secondly, the legal framework for the
carriage of goods by sea has lagged behind the use of electronic means of
communication in the issue and transfer of bills of lading: the Carriage of Goods
by Sea Act 1992 provided powers for accommodating electronic transport
documents, but those powers remain unused. Finally, increased globalisation of
markets requires that some accommodation be made, even within the liner
market, for contracts agreed freely between parties, with some room for
departure from the Hague-Visby Rules; Rules which originated, it should be
remembered, in the US Harter Act in the late nineteenth century. Large
commercial concerns now see the carriage of goods on liner terms not simply as
incidents to export, but as an integral part of serial and large supply chains;
supply chains which need to, and can, survive the flexibility of freedom of
contract.
It is unlikely that the Comité Maritime International had all of these concerns in
mind when it started, late in the last century, the work which, early in this
century, UNCITRAL has developed into the Rotterdam Rules. Few then could
have anticipated the long, and some would say, highly complex, magnum opus
of 96 articles comprised in the Rotterdam Rules. The new Rules opening for
signature in September of this year do, however, seek to address each of these
three issues. Containerisation is catered for by extending the Rules to contracts
for the carriage of goods wholly or partly by sea. Electronic transport documents
are accommodated as being functionally equivalent to paper transport
documents. And finally, while the liner market is still regulated by the Rules and