Shipping Business Services
CARRIAGE OF GOODS BY SEA
3.1 Shipping and International Trade
A contract to carry goods by sea is often entered into between parties and is highly entwined with other aspects of international trade including marine insurance and therefore an in-depth understanding of international trade law is necessary to advise on the structuring of international trade agreements.
3.2 Bills of Lading
A Bill of Lading is evidence of receipt by the carrier for shipment or of the actual shipment of goods, and, perhaps more importantly, it can in the latter instance perform an extraordinary function as a quasi-negotiable document enabling transfer of ownership of the cargo without physical delivery of the goods. A Bill of Lading is therefore not regarded as the contract itself nor is it exclusive and conclusive proof of the contents of the contract of carriage. It therefore forms a cardinal document of the carriage of goods by sea. A Bill of Lading may be used as a receipt for goods shipped, as evidence of the contract of carriage and as a document of title which may be passed to a third party.
3.3 Charterparties
A charterparty is an agreement in terms of which a charterer hires from a shipowner part or the whole of a ship, with or without her non-cargo carrying space, and with or without master and crew, for a limited time or for a voyage, a succession of voyages, or other stated purpose. It may also be chartered for the carriage of goods and therefore the contract may be one of a freightment.