Research On Time-bar For Right Of Claim By Cargo Interests Under Marine Transportation In English Law

On the basis of the intricate relationship between the shipowner,the charterer,the carrier and other parties,the issues in time bar of the right of claim are controversial in judicial practice.The main dilemma includes the starting,suspension,extension of the time bar.Maritime transport has a long history in UK and UK has played a leader role in international trade.The study of legal provisions and jurisprudence under the UK law as well as its value orientation and legislative characteristic provides a significant experience in solving the issues as mentioned.This article can be divided into four parties except the introduction and conclusion.The first part included the definition,developing of right of claim in marine transportation and categories of related time bar as well as the relationship between the time bar both in civil statutes and right of claim in marine transportation under English law.The second part.discussed the starting,suspension and extension of time bar in marine transportation under English law.According to the 1971 COGSA(Carriage of Goods By Sea Act),the 1980 Limitation Act,the 1996 Arbitration Act and other legislations or cases,different provisions influence the computation of starting of time bar in right of claim of marine transportation.Therefore,inconsistent standards complicate the issues because there,is no unified standard of starting the time bar.The suspension of time bar under English law is based on the principle of no suspension and existing few exceptions in special circumstance.This section summarized the rules of application of time bar in marine transportation and the issues existed under the English law.Nevertheless,the extension of time bar can be drafted by the parties’ agreement under the English Law.The third part explored the legislative value orientation and characteristic about the time bar of right of claim in marine transportation.In the fourth part the author explained to what extend it can be learned form the stipulation about time bar in marine transportation under the English Law for amending China Maritime Code.However,this segment can be divided into four aspects:issues of time bar in marine transportation right of claim existed in China,the advice on amending the stipulation in starting,suspension and extension of the time bar.The author analyzes the issues related to time bar of right of claim in maritime transportation and summarizes the value orientation and legislative characteristic under the English law for solving the above problems.Accordingly,it provides reasonable suggestions for amending the related stipulation of China Maritime Code.