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General Editor: Gavin Magrath, Canada.
Recent Articles
The elephant in the room – a cautionary tale for freight forwarders
Frazer Hunt and Henry Holland, Mills Oakley, Australia The District Court of New South Wales has ruled that a freight forwarder engaged in misleading or deceptive conduct by issuing house bills of lading with all the hallmarks of negotiable bills of lading where the...
Hurricanes highlight the Jones Act’s faults
Steve Block, Foster Pepper PLLC, USA Ed Note: This article is republished with permission from September's Legal Lookout. In 1920, Congress passed the Merchant Marine Act, colloquially “the Jones Act,” which governs transportation of cargo within the U.S. domestic...
Punitive damages in contract and tort – The position in Singapore
Ik Wei Chong, Clyde + Co, Shanghai In a recent case in Singapore, the Court of Appeal examined whether punitive damages may be awarded for a pure contractual breach. Facts PH Hydraulics & Engineering Pte Ltd (PH) designs, manufactures, and supplies heavy offshore...
UK Supreme Court on Damages for Breach of Contract
Paul Bugden, Bugden + Co., London Ref: Fulton Shipping v Globalia Business Travel (The New Flamenco) [2017] UKSC 43; [2017] 1 W.L.R. 2581. Once again fundamental principles of damages for breach of contract have reached the Supreme Court for consideration in the...
Key Features of grain logistics via Ukraine from Moldova and Trans-Dniester
Karyna Gorovaya, Senior Lawyer, Interlegal, Ukraine One of the most popular global business activities is international trade. Ukraine is also engaged in such process. Official statistic data show that Ukraine, as the agricultural state, ranks among the top global...
A safe port in waves and gales – Gard Marine v China National
Paul Bugden, Bugden + Co., London Ref: Gard Marine and Energy Ltd v China National Chartering Company Ltd [2017] UKSC 35; [2017] WLR 1793. By a demise charterparty the vessel’s owners, Ocean Victory Maritime Inc. (“the owners”) chartered the vessel to Ocean Line...
General Provisions and Principles of Chinese Maritime Law
George Wang, Dentons Beijing General Provisions of the Civil Law of the People’s Republic of China (hereinafter referred to as the General Provisions) was approved by the legislative authority of China on 15th March 2017, and shall come into effect on 1st October...
Maersk ’s claim against forwarder for demurrage denied by Valencia Court of Appeal
Felipe Arizon, Spain felipearizon@arizon.es Ref: Judgment of 5th October 2016 This was an appeal by Messrs. A/P Moller Maersk AS against the judgment issued by the Valencia Commercial Court in respect to a claim for demurrage and other costs incurred by a shipment of...
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