FORWARDERLAW is an informal network of maritime and transportation lawyers spanning more than twenty major trading and shipping nations, providing commentaries on legal developments and issues of interest to the global logistics, freight forwarding, and shipping industries.
Learn more about our Members by clicking the “Members” tab on the navigation bar.
Access articles or search our database by clicking on the “Articles” tab.
Site use subject to our terms and conditions, below.
General Editor: Gavin Magrath, Canada.
Recent Articles
FIATA Publishes Best Practices on Quality of Containers
In April 2019 the FIATA Working Group Sea Transport published a guide outlining problems and best practices in "Container Shipping and Quality of Containers". This follows on their guide for best practices in respect of demurrage and detention on containers,...
“Weight and quantity unknown clause” in Bills of Lading – is it effective in China?
Ik Wei Chong, Clyde + Co, Shanghai A "weight and quantity unknown clause" in the Bill of Lading for container cargo is rather common in the marine industry but its effectiveness under Chinese law is always a highly arguable issue. Previous practice shows that such a...
Bumbled Burden or Brilliant Clarity: Burden of Proof and the Hague Visby Rules
Maurice Lynch, Mills Oakley, Australia The recent decision of the Supreme Court of the United Kingdom in Volcafe Ltd v Compania Sud Americana De Vapores SA [2018] UKSC 61, is the first authoritative analysis on burden of proof in the Hague Visby Rules. The Court held...
China – Release of Cargo without Production of the Original Bill of Lading in Brazil – a Successful Defence
Christian Liu and Ik Wei Chong, Clyde + Co, Shanghai Under the Chinese Maritime Code, a carrier is strictly obliged to deliver cargo against the production of the original Bill of Lading, and it is, therefore, usually very difficult to defend a claim lodged by the...
Air Safety Recommendations for Freight Forwarders
María Elena Sierra Díaz, AS Consultores, Mexico The stages and processes involved in the handling of international air freight are as follows: Internal processes. Processes before the authorities. Processes with correspondents. Internal processes Separated by...
Hard Brexit – liability risk for EU carriers
Dr. Marco Remiorz and Steffen Maelicke, Arnecke Sibeth Dabelstein, Germany On 29 March 2017 the United Kingdom submitted its Article 50 withdrawal notification to the European Union. This gave the United Kingdom and the European Union until 29 March 2019 to negotiate...
URGENT – Standard Form Transport and Storage Contract Exclusions Clauses are at Risk!
By Frazer Hunt, Partner, and Maurice Lynch, Special Counsel, Mills Oakley, Australia On 1 April 2019, the Australian Competition and Consumer Commission accepted a court enforceable undertaking from Hutchison Ports Australia Pty Ltd in respect of its standard form...
English law and implied terms
English law and implied terms – when does the court step in and imply terms into a contract? John Habergham, Myton Law, Hull U.K. Introduction As might be apparent, implied terms are terms that have not been expressly agreed by the parties, the latter being stated...
Terms and Conditions
BY ACCESSING THIS WEBSITE by any means, including via an intermediary or through the operation of an automated application, you agree to the following Terms and Conditions of use and Disclaimer of Liability:
- These provisions apply to anyone who accesses this website directly or indirectly, including anyone who directs another person or designs or uses any automated process or software application to access any part of the content of this website (“Users”).
2.By registering for our mailing list Users consent under the laws of Canada as well as any law in effect in their usual domicile and any place from which they access this website or its content to receive periodic updates in respect of the Forwarderlaw network and/or articles published to the site, and no other use is intended nor is consent to any other use implied by the User in so registering.
3.Articles are presented for information purposes only and do not constitute legal advice.
4.All articles are published on Forwarderlaw.com with consent and permission of the authors, and all rights remain with the authors. Inquiries about articles, including republishing articles in whole or in part, should be directed to the author.
5.NEITHER FORWARDERLAW, NOR ANY MEMBER, NOR ANY AUTHOR of any article, may be held liable for any damages whatsoever and howsoever arising out of the actual or alleged reliance by any party on any material presented on this website, including without limitation for the actual negligence of any author or member in authoring or publishing such information.
6.In the event of any dispute arising out of the use of this website or any content on this website, the User agrees that the laws of Canada shall govern and the Ontario Superior Court of Justice shall have exclusive jurisdiction to hear any claim, howsoever arising.