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General Editor: Gavin Magrath, Canada.
Recent Articles
Fimbank Plc v KCH Shipping
Paul Bugden, Bugden + Co., London Ref: Fimbank Plc v KCH Shipping Co Ltd [2024] UKSC 38 The international carriage of goods by sea is almost invariably governed either by the Hague Rules, a 1924 international convention for the unification of rules of law relating to...
FIMBank plc v KCH Shipping Co Ltd
John Habergham, Myton Law, Hull U.K. This matter reached our highest appellate court, The Supreme Court. I discussed the Court of Appeal decision in July 2023 - see the previous article on this website for the background. In short, the Supreme Court upheld the core...
Mitigating Losses: What you need to know
Kasia Czarnota, Associate, Mills Oakley, Australia Every day, thousands of goods enter and exit Australia. Usually, they arrive at their intended destination in good condition. However, sometimes they arrive damaged, or they do not arrive at all. Where the damage or...
Renewables Arbitration – A Perspective From China
Christian Liu, Legal Director, Clyde & Co Investors have previously been wary of entering the energy market in China, and for good reason. China’s energy sector is highly regulated, with rigid licensing regimes and exclusive rights for state-owned enterprises....
Montreal Convention Damage Limitations Increase
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Readers are reminded that the limitation on liability for damage to air cargo under the Montreal Convention is increasing from 22 SDRs to 26 SDRs as of 28 December 2024. Limits on liability for lost...
Mexico 2024: Logistics challenges and solutions for sustained growth
María Elena Sierra Díaz, CEO, AS Consultores, Mexico In 2024, Mexico faces significant economic, political, and security challenges that have affected its stability and growth. Disregard for judicial mandates, recurring logistics crises at ports, and increasing...
Moldy Soybeans – an uncertain incident?
Charlotte Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The Netherlands – Coverage dispute, soybeans shipped from Brazil to Finland arrive moldy. Coverage denied, mold damage not the result of an uncertain occurrence, as well as exclusion for inherent...
Failure to inspect cargo resulting in destruction- who pays?
The Netherlands – Damage as a result of the carrier’s failure to have the cargo veterinary inspected by NVWA (The Netherlands Food and Consumer Product Safety Authority). Breach of principal obligation within the meaning of Article 8:1095 DCC (the carrier is obliged to deliver goods received for carriage at destination and to do so in the condition in which he received them)
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