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General Editor: Gavin Magrath, Canada.
Recent Articles
The Thorco Lineage: limitation under the Hague-Visby Rules
John Habergham, Myton Law, Hull U.K. This case will probably (for which see the final paragraph below) lead to a sea change in English law with regard to limitation under the Hague-Visby Rules where there may be some minor physical damage to cargo, but there is a far...
Canada’s Modern Slavery Act poised to become law
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Senate Bill S-211, formally "An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff," also known as "Fighting Against Forced Labour...
CMR Art.17: legal succession, damages, and force majeure
Charlotte J. van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The District Court Zeeland – West-Brabant rendered a judgment on 1 June 2022 in a case concerning damage sustained to a consignment of hatching eggs containing live embryos from Northern Ireland...
Shipper seeks FMC sanctions for Maersk Retaliation
Andrew Yates, Lane Powell, USA What began as a straightforward dispute between an importer and Maersk[1] over demurrage charges incurred during the heart of the COVID-19 pandemic has now become a major retaliation complaint before the Federal Maritime Commission...
Burden of Proof under CMR
Charlotte J. van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The Dutch Supreme Court rendered a judgment on 16 September 2022 (ECLI:NL:HR:2022:1222) in a case answering the question if CMR contains a rule of burden of proof regarding the question whether...
GENCON 2022
John Habergham, Myton Law, Hull U.K. 100 years after it was first introduced and 30 years since the last revision, BIMCO have revised the Uniform General Charter, the most popular form of general charter. There has been no tinkering this time. It is a major change to...
Cargo Damage under CMR: waiver and forfeiture
Charlotte J. van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The District Court East-Brabant rendered an interim judgment on 30 March 2022 in a case concerning damage sustained to a consignment of pork en route from the Netherlands to Poland...
Container Demurrage and Detention Charges
Pauline Davies, Fee Langstone, New Zealand With demurrage and detention have become particularly hot topics since COVID. This paper discusses some international developments in the area, some ideas for reform and also some steps that freight forwarders can take to...
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