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General Editor: Gavin Magrath, Canada.
Recent Articles
Interlegal Opens Cyprus office
We are thrilled to announce the opening of our new office in Cyprus, expanding our international presence and reinforcing our commitment to serving clients in the region. With this exciting development, we aim to provide exceptional legal services and support to both...
Spanish Supreme Court enforces Hague Visby Time Bar
Felipe Arizon, Arizon Abogados SLP, Spain Ref: Supreme Court Judgment of 14 September 2021. The Supreme Court refuses the cassation appeal presented by the subrogated cargo insurers against the Company that carried out the lashing of the goods into the containers. In...
Ontario Court of Appeal upholds jurisdiction in international insurance contracts
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Ref: Vale Canada Limited v. Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862, appeal of 2022 ONSC 12. Vale Canada, an international mining company, faced environmental degradation...
The Arbitration Act 1996 – review by the Law Commission part II
The Law Commission project is ongoing - see my earlier article here. They issued a first consultation paper, considered the results and, as a consequence, then issued a second consultation paper inviting responses – the period for such responses ends on 22 May 2023....
Netherlands – road transport: parachute jumping, Article 8:363 Dutch Civil Code
Charlotte J. van Steenderen, Van Steenderen Mainport Lawyers B.V. The Arnhem-Leeuwarden Court of Appeal rendered a judgment on 21 March 2023 (ECLI:NL:GHARL:2023:2521) in a case concerning a claim by insurer Ergo Versicherung AG against Morcargo B.V., Morcargo...
The Netherlands – CMR Art 23 + 32: limitation and time-bar
Charlotte J. van Steenderen, Van Steenderen Mainport Lawyers The Amsterdam District Court rendered a judgment on 22 February 2023 (ECLI:NL:RBAMS:2023:857) in a case between DSV Solutions Ltd., DSV Road Ltd., DSV Road B.V. and DSV Air & Sea Limited (hereinafter:...
Carrier’s liability for loss of cargo in case of violation of shipper’s instructions in GTC
Felix Goebel, Arnecke Sibeth Dabelstein Pursuant to section 425(1) of the German Commercial Code (HGB), a carrier is liable for damage caused by loss of, or damage to, goods in the period from acceptance for carriage until delivery, or by exceeding the delivery...
Liability for Cargo Damage under GenCon 1994
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The Netherlands – carriage by sea: Gencon 1994 charterparty, damage to cargo carried on board of the vessel, who is responsible and liable? The Amsterdam Court of Appeal rendered a judgment on 24...
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