Круглый стол в рамках конференции
В отношении конференции «Практика морского бизнеса 2011. Груз»,
которая пройдет в этом году в Одессе 2-3 июня 2011 г.
Round table for lawyers
The survival of the freedom of contract in shipping transport?
will be held in the frame of the conference Practice of Maritime Business: Sharing Experience
- Are really free the parties to a contract of carriage? Liner or tramp, would it make any difference?
- Is the Consignee, in his position of endorsee of the transport document, as much free as is the shipper to negotiate a carriage with the carrier?
- Is the Shipper the weak party in the contract of carriage? Do shippers/consignees need protective legislation vis-à-vis the Carrier?
- Are the contract forms of B/L and C/P usually balanced?
- Should there be a limit to the Carrier’s freedom? Are the Hague-Visby and Hamburg liability regimes such a limit?
- Should abusive clauses be voided by international laws? li>
- Should the Consignee be harmed by clauses to which he is alien by means of incorporation of C/P clauses into the B/L?
- How the Rotterdam Rules deal with freedom of contract? Is the regime on “volume contracts” acceptable as opting-out? Should there be mandatory rules and opting-out clauses in a maritime Convention?
- Does the “Himalaya Clause” go beyond the frame of contract freedom between Shipper and Carrier?
- Freedom of contract and balance of rights, which one should prevail in shipping transport?