Report of invention

The Hamburg Lectures on Maritime Affairs 2011-2013

“…57 The right of control is transferable and may be transferred to a bank or a consignee with notice to the carrier. 65 There are also detailed rules on the evidentiary effect of the contract particulars 66 ; where a non-negotiable document has been issued, the carrier may not submit proof to the contrary against a consignee who in good faith relied upon the contract particulars furnished by the carrier. 59 The controlling party and the carrier may vary the contract of carriage by agreement.…”

“…66 Nowadays one of the key difficulties for claim actions arises from the contractual clauses that establish exclusive competent jurisdiction. The various alternative forums (Article 66) that the plaintiff can choose would ease filing suits.…”

“…This fact should never be lost sight of when attempting to introduce changes or amendments to the standard clauses in Part II, which have been carefully drafted to cover the contractual and legal aspects. 66 See BIMCO Bulletin, vol. 18).…”

“…If, however, the rules in the Regulation can be interpreted in a way which enables them to be applied to situations of this kind and which servesor at least does not disrupt -the objectives of the Regulations (and it will be argued below that this is attainable 63 ), it is suggested that there is no compelling reason to imply a territorial limit upon the situations falling within the Regulations' material scope. 66 As to whether an employee's claims in tort against his employer should also be characterised as "contractual" under the Regulations, see Dickinson (supra n. 22 cross-border claims. 64 Take, for example, a situation involving a dispute between a shipping company and a merchant seaman employed by it.…”