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General Editor: Gavin Magrath, Canada.
Recent Articles
“Pay to be paid” lives on
John Habergham, Myton Law, Hull U.K. Ref: Amlin Marine Nv v King Trader Limited and others - Court of Appeal “Pay to be paid” clause in policies of marine insurance are ancient and widespread and recently were the subject of scrutiny by the Court of Appeal in a...
Chinese Response to USTR: Update on ‘Special Port Charges’
Ik Wei Chong, Clyde + Co, Shanghai US-China maritime trade relations continue to evolve rapidly. The United States Trade Representative (USTR) has issued a series of notices (covered in our article, USTR Section 301 Fee and Tariff Measures and Their Impact to...
Himalaya Clauses – Shield or Sword? Maersk GB v Almar-Hum
Paul Bugden, Bugden + Co., London Ref: Maersk Guine-Bissau, SARL v Almar-Hum Bubacar Balde SARL [2024] EWHC 993 (Comm) Jacobs J. In this case Maersk GB claimed to enforce against cargo interests (Almar -Hum) the Himalaya clause in a bill of lading issued by Maersk...
Chaotic US-Canada Trade War gets even more bizarre
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Countries around the world are scrambling to respond to a global trade war launched by Donald Trump, but the US-Canada relationship stands out as one of the most chaotic. Canada is one of America’s...
Principal, Intermediary, Agent or Fiduciary?
Paul Bugden, Bugden + Co., London Ref: Hopcraft v Close Brothers Ltd; Johnson v FirstRand Bank Ltd and Wrench v FirstRand Bank Ltd [2025] UKSC 33 The outcome of this recent Supreme Court decision turned on the question whether the law recognised a duty owed by a motor...
Tanga v Emirates – Incorporation of Hague Rules
Paul Bugden, Bugden + Co., London Ref: Tanga Pharmaceuticals Plastics Ltd v Emirates Shipping Line FZE [2025] EWHC 368 (Comm) Bright J. In this case the issues for determination were, a) whether a contractual time bar clause by clause 18 of the bill lading applying to...
Ukrainian Maritime Trade in 2024 –2025
Ukrainian Maritime Trade in 2024 –2025: Operational Resilience Amid Ongoing War Arthur A. Nitsevych, Interlegal Ukraine In the fourth year of full-scale war, Ukraine’s maritime sector continues to demonstrate remarkable resilience and adaptability. Cargo volumes...
Sanctions – Right of retention on airplane engine by forwarder
The Netherlands – Right of retention on airplane engine by forwarding agent (defendant) due to impending fine based on Regulation (EU) 2023/1529 concerning restrictive measures in light of Iran's military support of the Russian war of aggression against Ukraine...
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