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General Editor: Gavin Magrath, Canada.
Recent Articles
ILWU begins limited work action at Vancouver Ports
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Limited work actions by the International Longshore and Warehouse Union (ILWU) are planned to begin today at Deltaport and Vanterm, potentially affecting Canada's main west coast transportation hub....
Destruction of consignment by customs – question of liability
Dr. Marco Remiorz and Lars Kortländer, Arnecke Sibeth Dabelstein, Germany In a recently published decision of the Higher Regional Court (OLG) of Düsseldorf the Court held that if the sovereign act (here: destruction of the goods by customs) has been rendered null and...
Yantian Express Finally Calls at Halifax
As Stan Rogers might have said, it’s been six long months since she sailed away, but she just made Halifax yesterday. Hapag-Lloyd’s Yantian Express sailed from Columbo, Sri Lanka, in December 2018, but in January the ship was struck by fire while at sea on 2 January...
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...
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