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General Editor: Gavin Magrath, Canada.
Recent Articles
FIATA publishes Prevention of Bribery guidelines
The Advisory Body - Legal Matters (ABLM) of FIATA has recently published a set of guidelines on the prevention of fraud and bribery in freight forwarding. According to the World Banks Logistics Performance Index (LPI), freight forwarding suffers from a lack of...
Additional place of jurisdiction clause in German Freight Forwarders’ Standard Terms and Conditions
Felix Goebel, Dr. Marco Remiorz, Arnecke Sibeth Dabelstein, Germany The Freight Forwarders' Standard Terms and Conditions (ADSp) are general terms of service recommended by several trade associations. The recommendations are non-binding and contracting parties can...
Applicability of Hague-Visby limitations to undeclared on deck cargo
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Ref: De Wolf Maritime Safety B.V. v. Traffic-Tech International Inc. 2017 FC 23 In this claim for loss of cargo en route from Canada to Europe, the defendant forwarder Traffic-Tech International...
The United Nations Convention on International Settlement Agreements Resulting from Mediation
John Habergham, Myton Law, Hull U.K. This will provide for the enforcement of mediated settlement agreements across country borders. It is being seen as the counterpart to the New York Arbitration Convention. Aims Whilst in practice, non-compliance rates are low...
Interlegal lawyers recovered debt of 90,000 USD for bunkering company
Arthur A. Nitsevych, Interlegal Ukraine A foreign bunkering company filed a request to Interlegal on securing debt recovery for lubricant supply amounting to 90,000 USD, with payment delay for over half-year. To defend the Client’s interests, Interlegal lawyers...
China – Cargo Delivery by Port Authority – Dilemma Resolved
Ik Wei Chong, partner, Albert Huang, Associate, Clyde + Co Westlink JLV, Shanghai Liaoning High Court recently issued a judgment ending a six-year legal battle over a consignment of iron ore stored in Dalian Port. The judgment addressed a tricky issue: Where the...
The carrier’s liability for loss of goods and delay of delivery
Dr. Marco Remiorz, Katharina Schmidtke, Arnecke Sibeth Dabelstein, Germany The Regional Court of Verden has issued a decision on 19 January 2019 (case 9 O 20/16) in which it ruled on the liability of a carrier for the loss of goods and delay of delivery. The facts The...
Alize 1954 v Allianz Elementar Versicherungs AG
Paul Bugden, Bugden + Co., London Ref: Alize 1954 v Allianz Elementar Versicherungs AG [2019] EWHC 481 (Admlty) Teare J. Background This recent Admiralty case raises a number of interesting points of law and fact arising out of the grounding on 17th May 2011 of the...
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