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General Editor: Gavin Magrath, Canada.
Recent Articles
Vienna Sales Convention – Duty to investigate (Art. 38) + Duty to Complain (Art 39)
Charlotte Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Vienna Sales Convention- applicability of general terms and conditions; failure to comply with duty to investigate (Art. 38) and Duty to Complain (Art 39) Ref: Judgment of the Den Bosch Court of...
Orion Shipping: Arbitration Act Appeal
Paul Bugden, Bugden + Co., London Ref: Orion Shipping and Trading Ltd v Great Asia Maritime Ltd [2024] EWHC 2075 (Comm) Dias J. This was an appeal under section 69 of the Arbitration Act 1996 from a Partial Final Award of an LMAA Tribunal. The underlying dispute...
Electronic Trade Documents Act 2023
John Habergham, Myton Law, Hull U.K. On 20 September 2023 ,the Electronic Trade Documents Act came into force. It is groundbreaking legislation. The driver behind the legislation was to ensure that certain trade documents, in electronic form, if they satisfied the...
FMC issues final rule on Detention and Demurrage
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada The US Federal Maritime Commission (FMC) has issued its final rule on carrier detention and demurrage practices under the Ocean Shipping Reform Act 2022....
Armstead v RSA – recovering economic losses
Paul Bugden, Bugden + Co., London Ref: Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6 This extremely important recent decision of the UK Supreme Court case raised, amongst other issues, some fundamental questions in applying the tort of...
Mediation and Right to Trial
John Habergham, Myton Law, Hull U.K. It had been said in the past that it was a party’s constitutional right to be heard at trial to resolve a dispute. No longer. The right to trial was the thrust of one the hitherto leading authorities as to whether ADR or mediation...
If Not Now, When? Cyber Breaches in the Australian Maritime Sector
Maurice Lynch and Jason Symons, Mills Oakley, Australia Australia is amid a tumultuous period of cyber upheaval. Last weekend, another large Australian business was exposed to a cyber-attack. Australian businesses must now be thinking “If not now, when?” The attack...
Sun Sets on Hamburg Rules in Canada
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Bill C-47, the budget implementation omnibus Act, received royal assent on 22 June 2023 and came into force on 20 September. Subdivision A of Division 21 of Part 4 amends the Marine Liability...
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