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General Editor: Gavin Magrath, Canada.
Recent Articles
Free Webinar: Subrogation & Recourse in Ukraine & Turkey
You are invited to join our colleagues at Interlegal on March 17th for a free Webinar "Subrogation & Recourse in Ukraine & Turkey” for insurers, logistics, trade and forwarding companies. Agenda: - Key documents for subrogation and recourse - Chain of...
FIATA warns over Carrier LOUs.
According to FIATA, freight forwarders have been reporting attempts by carriers to extend their liability for charges trough demands for execution by the forwarder of a Letter of Understanding (LOU) in order to make bookings. The language of these LoUs clearly intend...
Contract Formation under Chinese Law
Contract Formation under Chinese Law – Notes for Chinese and International Companies Flora Tang and Ik Wei Chong, Clyde + Co, Shanghai Recently, we became aware of certain issues pertaining to contract formation under Chinese law. Such issues would arise by reason of...
Recourse and subrogation in Ukraine
Irina Maltseva, Interlegal, Ukraine [Editor's Note: Interlegal is offering a free webinar on this subject, more information here.] Cargo or carrier’s liability insurance is a concept actively practiced in Ukraine for a long time. However, we cannot be sure that...
No Contract, No Demurrage!
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada The Ontario Court of Appeal recently considered whether a rail carrier is entitled to charge a shipper demurrage pursuant to its tariff in the absence of any contract for carriage or services...
Forwarders beware – do you really know your choice of law and jurisdiction?
John Habergham, Myton Law, Hull U.K. Fellow members may well have an experience of clients who have become embroiled in disputes involving significant sums for container detention and demurrage and which has arisen out of the change in attitudes, globally, to traffic...
Chinese Winds Turn in Favour of Cargo Claimants Against Port Operators
Ik Wei Chong, Christian Liu, Albert Huang, Clyde + Co, Shanghai Does a sudden strong wind in a port area constitute a force majeure event under Chinese shipping law? A recent judgment may provide helpful guidance on this issue. Traditionally, under established...
Effect of Arbitration Clause on 3rd Party Assignee
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: In MV ‘KOUTALIANOS’, EDIOLA SHIPPING LTD. vs CEFETRA B.V., Rotterdam District Court, 9 September 2020 The case concerns the carriage of soybean meal pellets by Ediola from Brazil to Europe on board...
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