Dispute Resolution: Frustration and Deviation - Essay Example

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Dispute Resolution: Frustration and Deviation

The majority of maritime commercial transactions involve the carriage of goods. The primary document is the bill of lading, which is basically a contract of carriage. In 1936 the Carriage of Goods by Sea Act (COGSA) was passed in the United States, only applies to foreign trade and is limited to the time the cargo is loaded and discharged from the vessel. COGSA was in implementation of the Hague Rules, which sought to ensure a seaworthy ship and the proper care of goods. COGSA was also enacted to cover encompass the international sphere of uniform liability rules governing domestic voyages found in the Harter Act of 1893. It covers only the period of time between the times the goods are loaded on the ship and when they are discharged from the shop. The main point of the Act was to prevent ship owners contracting out of the duty to properly care for the vessel and the cargo onboard.
Two terms for dispute in maritime law are in personam and in rem. The in personam suit is typical of other forms of law, but in rem is nearly exclusive to admiralty jurisdiction and is basic to the maritime lien. In maritime law an aggrieved party has a property interest in the vessel or other tangible item involved in the amount of the accrued liability and this right is a maritime lien. In rem is an action directly against the vessel bearing the lien. An in rem can only be brought to a federal court as a court of admiralty. The in personam can be brought to federal or at common law in state courts.
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The writer of this essay "Dispute Resolution: Frustration and Deviation" aims to investigate what is the best solution to the insurance problems in force majeure
situations. For this purpose, the paper reveals some common examples…
Author : millie28

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