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General Editor: Gavin Magrath, Canada.
Recent Articles
Vessel arrest – what is acceptable security?
John Habergham, Myton Law, Hull U.K. Ref: Pacific Pearl Co Limited v Osios Shipping Inc A recent case before the Court of Appeal has considered what security should be seen as acceptable either to avoid the arrest of a vessel or obtain her release. Although the...
Presidential comments on freight rates conflict with FMC
Veronica Taubas, Argentina President Joe Biden recently made a statement highlighting concerns about high freight rates and placing the blame on carriers. The statement regarding the excessive rise in maritime freight is striking in light of what was ruled by the...
US Shipping Reform Act becomes Law
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada On Thursday June 16th 2022 President Biden signed into law the “Ocean Shipping Reform Act of 2022”, S. 3580 (the OSRA) [full text]. The OSRA is intended to improve efficiency and competitiveness in...
Forwarder as Agent – Common Law and Contract
Paul Bugden, Bugden + Co., London Ref: Ivy Technology Ltd v Martin [2022] EWHC 1218 (Comm) Henshaw J. The concept of agency is pervasive throughout the law of carriage of good in many different contexts. Central to agency in law is the conferral of authority by the...
Ideal carrier in event of announced storm
Michael Zbonikowski, Dr. Marco Remiorz, Arnecke Sibeth Dabelstein, Germany The parties were in dispute about damage that occurred to goods while they were being stored during transit. The plaintiff sold a used injection moulding machine to a customer in India and...
More moves from FMC on Carrier Charges
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada The US Federal Maritime Commission (FMC) is continuing to push on unfair carrier charges as an anticompetitive burden to American shippers and importers. Earlier this month, the FMC announce that it...
Contracting under Duress
Paul Bugden, Bugden + Co., London Ref: Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 A refusal by a carrier to carry further or indeed at all absent compliance with a demand for payment or further payment or some other renegotiation...
Chinese Court Recognises English Commercial Judgment
First Time Chinese Court Recognises English Commercial Judgment - The Expanded Interpretation of the "Principle of Reciprocity" Ik Wei Chong, Flora Tang and Si Cong Jiang, Clyde + Co, Shanghai On 17 March 2022, after obtaining approval from the Supreme People's Court,...
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