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General Editor: Gavin Magrath, Canada.
Recent Articles
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...
Proof of carrier’s qualified fault in case of partial loss of transported goods
Wassilis Thomas, Arnecke Sibeth Dabelstein, Germany The plaintiff's insured commissioned the defendant with a carriage by truck in Germany. In the written transport order the column "Shipment data" mentioned only "13.5 LDM" (ie, 13.5 loading metres). The consignment...
The Pith and Substance of Marine Engine Supply
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada A recent Supreme Court of Canada decision in respect of a claim by a shipping company against a supplier of marine engine parts turned on the question of whether or not Canadian Maritime Law or...
The ‘Baltic Klipper’
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: District Court of Rotterdam judgment dated 10 October 2018; Etablissements Bargibant S.A., and Chubb Insurance Company of Australia Ltd v. Seatrade Group N.V. and Baltic Klipper Shipping Company...
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