Statutes and conventions on international trade law

811 Pages·2003·2.24 MB·english

by  Indira Carr

Statutes and
Conventions
on
INTERNATIONAL
TRADE LAW
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London • Sydney

Statutes and
Conventions
on
INTERNATIONAL
TRADE LAW
Third Edition
Indira Carr, MA, BPhil, LLM, PhD
Reader in International Commercial Law
University of Kent, Canterbury
&
Professor Richard Kidner, MA, BCL
Professor of Law, University of Wales, Aberystwyth
C
P
Cavendish
Publishing
Limited
London • Sydney
First published in Great Britain 1993 by Cavendish Publishing Limited,
The Glass House, Wharton Street, London WC1X 9PX, United Kingdom
Telephone: + 44 (0) 20 7278 8000 Facsimile: + 44 (0) 20 7278 8080
E-mail: [email protected]
Visit our Home Page on http://www.cavendishpublishing.com
© Carr, I and Kidner, R 1999
First Edition 1993
Second Edition 1995
Third Edition 1999
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, scanning or otherwise, except under the
terms of the Copyright Designs and Patents Act 1988 or under the terms of a
licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road,
London W1P 9HE, UK, without the permission in writing of the publisher.
Carr, Indira
Statutes & Conventions on International Trade. – 3rd edn –
(Commercial law series)
1. Foreign trade regulation
I. Title II. Kidner, Richard, 1946–
341.7'54
ISBN 1 85941 520 2
Printed and bound in Great Britain
ACKNOWLEDGMENTS
The publishers and editors thank the following organisations for their
permission to reproduce the materials listed:
Comité Maritime International (CMI Rules for Electronic Bills of Lading, 1990;
CMI Rules for Sea Waybills, 1990, The York-Antwerp Rules 1994).
Institute of London Underwriters (Institute Cargo Clauses (A); Institute Cargo
Clauses (B); Institute Strikes Clauses (C); Institute Strikes Clauses (Cargo);
Institute War Clauses (Cargo); Marine Policy Form).
UNCITRAL (UNCITRAL Arbitration Rules, 1976; UNCITRAL Conciliation
Rules, 1980; UNCITRAL Model Law on Electronic Commerce, 1996, as
amended 1998; UNCITRAL Model Law on International Commercial
Arbitration, 1985).
UNIDROIT (UNIDROIT Principles of International Commercial Contracts,
1994).
v

PREFACE
The study of International Trade Law requires access to a wide range of
materials many of which are not easily accessible and the purpose of this book
is to provide students with those documents which they are likely to be
referred to in courses on this subject. We have provided extracts from statutes
and conventions, all of which have been reproduced in their amended and
updated form. In this edition, we have also included the United Nations
Convention on Independent Guarantees and Stand-by Letters of Credit, 1996;
Model Law on International Commercial Arbitration; Model Law on
Electronic Commerce; Arbitration Rules; and Conciliation Rules, all drafted by
the UNCITRAL. Apart from updating the statutes, we have also added the
Merchant Shipping Act 1995; the Arbitration Act, 1996; and the Contracts
(Rights of Third Parties) Bill. There are new sections on European Union
Materials and Standard Forms..
The collection is necessarily highly selective as the potential range of
material is very wide; nevertheless we believe we have selected all the
documents which a student is likely to come across in any standard course on
international trade law. We also believe that the materials in this collection
will be of use to students following courses on commercial law and carriage of
goods. We hope that this will provide a convenient and relatively inexpensive
method of access to materials which might otherwise not be easily available.
The collection is divided into six parts: Statutes, Statutory Instruments,
European Union Materials, Conventions, Rules and Model Law, and Standard
Forms. The material in the first four parts is arranged in chronological order
(and alphabetically within years) and the material in the remaining parts is
arranged alphabetically. The material is printed in its amended form but we
have not indicated the source of these amendments and the text is printed as
amended even if that amendment is not yet in force. Sections which have been
omitted or repealed are noted.
The collection contains material available to us up to 1 May 1999.
Indira Carr
Richard Kidner
vii

CONTENTS
Acknowledgments v
Preface vii
STATUTES
1. Bills of Exchange Act 1882 3
2. Marine Insurance Act 1906 40
3. Administration of Justice Act 1920 71
4. Foreign Judgments (Reciprocal Enforcement) Act 1933 73
5. Law Reform (Frustrated Contracts) Act 1943 79
6. Arbitration Act 1950 82
7. Cheques Act 1957 88
8. Carriage by Air Act 1961 90
9. Carriage by Air (Supplementary Provisions) Act 1962 106
10. Carriage of Goods by Road Act 1965 110
11. Uniform Laws on International Sales Act 1967 129
12. Carriage by Goods by Sea Act 1971 159
13. Unfair Contract Terms Act 1977 169
14. State Immunity Act 1978 172
15. Sale of Goods Act 1979 177
16. Limitation Act 1980 205
17. Civil Jurisdiction and Judgments Act 1982 211
18. Insurance Companies Act 1982 246
19. International Transport Conventions Act 1983 251
20. Foreign Limitation Periods Act 1984 253
21. Latent Damage Act 1986 256
22. Computer Misuse Act 1990 258
23. Contracts (Applicable Law) Act 1990 266
24. Carriage of Goods by Sea Act 1992 277
25. Merchant Shipping Act 1995 282
26. Private International Law (Miscellaneous Provisions) Act 1995 297
27. Arbitration Act 1996 300
28. Contracts (Rights of Third Parties) Bill 353
STATUTORY INSTRUMENTS
1. The Civil Procedure Rules 1998 361
2. The Commercial Agents (Council Directive) Regulations 1993 369
3. Civil Jurisdiction and Judgments Act 1982 (Interim Relief Order 1997) 381
ix