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...

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...

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...

US Shipping Reform Act becomes Law

Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada On Thursday June 16th 2022 President Biden signed into law the “Ocean Shipping Reform Act of 2022”, S. 3580 (the OSRA) [full text]. The OSRA is intended to improve efficiency and competitiveness in...

Ideal carrier in event of announced storm

Michael Zbonikowski, Dr. Marco Remiorz, Arnecke Sibeth Dabelstein, Germany The parties were in dispute about damage that occurred to goods while they were being stored during transit. The plaintiff sold a used injection moulding machine to a customer in India and...

Contracting under Duress

Paul Bugden, Bugden + Co., London Ref: Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 A refusal by a carrier to carry further or indeed at all absent compliance with a demand for payment or further payment or some other renegotiation...

Who is a party?

Paul Bugden, Bugden + Co., London Ref:  MVV Environment Devonport Ltd v NTO Shipping GmbH & Co KG [2020] EWHC 1371 (Comm) HHJ Pelling QC.   The ultimate issue that arose in this case is whether the claimant was party to the contract of carriage evidenced by the...

DHL v Gemini Ocean Shipping

Paul Bugden, Bugden + Co., London Ref: DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWHC 181 (Comm) Jacobs J.  This recent case in the London Commercial Court considered the effect of a "subject shipper/receivers’ approval" provision in a...

Changes in the Italian Civil Code

Recent Changes in  the Italian Civil Code  on  contract of freight forwarding and multimodal carriage Claudio Perrella LS Lex, Italy A few recent and relevant changes have been introduced in  the Italian Civil Code  impacting on the contract of freight forwarding and...

FMC investigates ONE over Merchant Clause Suit

Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada The US Federal Maritime Commission (FMC) has launched an investigation into Japanese consortium Ocean Network Express PTE and its American subsidiary (collectively "ONE") to determine the legality...

Interlegal Online Shipping + Trade Day

Arthur A. Nitsevych, Interlegal Ukraine Interlegal invites shipping & trade professionals to join our Online Shipping & Trade Day to discuss how to navigate the implications of COVID-19 upon our industry, how to be ready for Trade and Shipping indystry...

The CMA-CGM LIBRA

John Habergham, Myton Law, Hull U.K. This matter – all about passage planning and seaworthiness, has finally been decided by the Supreme Court. I couldn’t help feeling, reading the case, that it provides one of those examples where you think to yourself “How on earth...

Toxic Fire on ZIM Kingston near Victoria, Canada

Salvage operations continue after several containers, including possibly toxic material, caught fire aboard the MV Zim Kingston on Saturday October 23rd while anchored about 8km off shore near Victoria, British Colombia. Most of the Crew was evacuated promptly without...

Euronav NV v Repsol Trading SA

John Habergham, Myton Law, Hull U.K. This case must be of interest to those who conduct business internationally and which may involve a number of time zones around the world. Although it was a case dealing with the vessel owners’ claim for demurrage, it is of wider...

Force Majeure Off the Rails!

Nicholas Cumming, Solicitor, and Frazer Hunt, partner, Mills Oakley, Australia Ref: Woolworths vs SCT Logistics [2021] NSWSC 344  A recent decision of the Supreme Court of NSW, Woolworths vs SCT Logistics [2021] NSWSC 344, held that despite there being a force majeure...

What’s Next for Suez?

Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada The MV Ever Given was freed on Monday afternoon, six days after becoming stuck in the Suez Canal. Traffic is moving again, but the downstream effects will  play out over the coming weeks and the...

FIATA warns over Carrier LOUs.

According to FIATA, freight forwarders have been reporting attempts by carriers to extend their liability for charges trough demands for execution by the forwarder of a Letter of Understanding (LOU) in order to make bookings. The language of these LoUs clearly intend...

FIATA moves 2020 World Congress to 2022

FIATA and the Korea International Freight Forwarders Association (KIFFA) jointly announced today the cancellation and rescheduling of the FIATA World Congress 2020, which will now take place in Busan in 2022. The World Congress will be held in Panama City, Panama, in...

New Zealand Covid-19 Update

Pauline Davies, Fee Langstone, New Zealand As of 1pm on 20 April 2020, New Zealand had had only five new cases of coronavirus in the past 24 hours, continuing a solid downwards trend. In total, 13 deaths have been reported. The government has therefore announced that...

Canada Covid-19 Update

Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada All provinces in Canada continue on "lock-down", with most non-essential businesses closed and most provincial governments taking measures to enforce social distancing rules. The US-Canada border...