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General Editor: Gavin Magrath, Canada.
Recent Articles
CMA-CGM Libra – Defective Passage Planning and Unseaworthiness (II)
John Habergham, Myton Law, Hull U.K. The Court of Appeal has handed down its decision in this case. This was a case in which vessel owners sought general average contributions and a proportion of cargo interests declined – on the basis that there had been actionable...
Cancellation of FIATA HQ Meetings March 24-28
FIATA Director-General Dr. Stéphane Graber confirmed by email yesterday that the FIATA headquarters sessions scheduled for 24-28 March 2020 are being cancelled as a result of concerns over the spread of the novel COVID-19 coronavirus. According to the communiqué: This...
Implications arising from COVID-19
Ik Wei Chong, Clyde + Co, Shanghai Ed Note: the following summarizes the highlights of Clyde + Co.’s Coronavirus update for the international trade and transportation sector. The recent outbreak of a novel coronavirus in Wuhan, China has received worldwide attention...
A Technology Swiss Pickle – Freight Forwarder’s Reliance on Standard Terms
Maurice Lynch, Special Counsel, Mills Oakley, Australia Most freight forwarders have standard terms and conditions. Whether a freight forwarder can rely upon these standard terms and conditions as a defence in disputes depends upon: whether they have been incorporated...
Liability under Article 18(1) and (3) of the Montreal Convention
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam 1. Ref: Ceva Freight LLC et al vs. China Airlines, Court of North Holland, Judgment of 4 December 2019. The facts 2.1. Ceva is a (part of) a globally operating logistic service provider, active among...
Inadmissible Charge of Demurrage
Adrián Guzmán Sánchez, AS Consultores, Mexico In the logistics world, the Freight Forwarder is the provider of specialized services that, acting as a third party between the user and the carrier, develops and coordinates logistics activities for the transportation of...
Ocean Prefect
John Habergham, Myton Law, Hull U.K. For the first time, the English High Court was asked to adjudicate on the inadmissibility of a MAIB report in a private and confidential arbitration. The rival contentions were - was the court’s permission required under Reg...
Gross negligence and limitation of liability in carriage of pharmaceuticals
Lars Rosenberg Overby and Mads Poulsen, IUNO Denmark Two cases recently decided by the Maritime and Commercial High Court both involved carriage of pharmaceuticals, and both centered on allegations of “gross negligence”, which would permit the plaintiff to avoid...
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