Articles

Enter the Chinese markets brings new opportunities

Robert Vogel, Switzerland rvogel@swisslegal.ch It was a little sensation when Switzerland as the first European county managed to close a free trade agreement with China. The FTA is in force since the 1th of July 2014, today, more than two years later, it is time to...

Forwarder not Liable for a Week’s Delay

Gill Nadel + Ohad Krief, Goldfarb Seligman, Israel Background: Importers utilize the services of various logistics entities in the cargo transportation process, including international forwarders, shipping companies, air carriers, custom brokers, logistic warehouses...

“Himalaya clauses” in Israeli Courts

Roy Gilad, Grossman, Cordova, Gilad & Co, Israel In August 2016, a decision was rendered by the Haifa District court, as Admiralty Tribunal, according to which a foreign jurisdiction clause in a bill of lading applied to a third party that was not a party to the...

Fisherman Cut a Sea Cable with a Hacksaw

Aage Krogh, IUNO Denmark The Norwegian Court of Appeal ruled that a ship owner was liable for damages to a sea cable due to gross negligence. However, the court eased the amount of damages from € 140,457 to € 54,022 due to the ship owner’s poor financial situation....

No indication of reckless behaviour by carrier

Olaf Hartenstein and Michael Semder, Dabelstein & Passehl, Germany On March 20 2012 the Cologne Higher Regional Court applied a series of practically relevant rules of (land) transport law. Facts Palettes of canned and jarred food were shipped from Germany to...

MARCH 2016 LEGAL LOOKOUT ARTICLE

Steve Block, Foster Pepper PLLC, USA DC Court of Appeals doesn’t like FMC’s rationale for allowing disparate rates. Marine terminal operators (MTOs) are subject to U.S. Federal Maritime Commission (FMC) regulation in ways similar to ocean carriers and ocean...

Once again on freight forwarding in Ukraine

Alexey Remeslo, Senior Lawyer, Interlegal, Law firm                                      Freight forwarding is commonly defined as a business activity on rendering freight forwarding services in respect of supply and carriage of export, import, transit and other...

Canada Amends Iran Sanctions

Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada On 5 February 2016 the Honourable Stéphane Dion, Minister of Foreign Affairs, and the Honourable Chrystia Freeland, Minister of International Trade, announced changes to the Special Economic...

CMR and Successive Carriage of Goods

Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam  Introduction On 11 September 2015 the Dutch Supreme Court rendered judgment (C&J Veldhuizen Holding B.V. v Beurskens Allround Cargo B.v., S&S 2016/1) on the interpretation of provisions...

NSAB 2015 – Is now in place

Henrik Jantzen, Kromann Reumert, Denmark A new version of General Conditions of the Nordic Association of Freight Forwarders (NSAB) is now agreed. The new NSAB 2015-conditions will replace the existing NSAB 2000-conditions with effect from 1st January 2016. NSAB 2015...

September 2015 Legal Lookout Article

Steve Block, Foster Pepper PLLC, USA Remotely located contract terms: incorporated tariffs, rules, terms and conditions, and other documents Agreements governing transportation relationships can be as complex as the myriad service details, issues, risks, business...

JULY 2015 LEGAL LOOKOUT ARTICLE

Steve Block, Foster Pepper PLLC, USA Spring cleaning at the ports: a summary of recent legislative and regulatory attention directed at the wharves. This spring saw quite a bit of activity in the administration of U.S. seaports, regionally and nationally, in response...

Developments in Canada/US COOL dispute

Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Readers may recall my [url= http://www.forwarderlaw.com/library/view.php?article_id=835 target=new] 2012 update[/url] on the WTO dispute between Canada and the United States in respect of US...

Force-Majeure: Legislative Novelties in Ukraine

Alexander Chebotarenko, chebotarenko@interlegal.com.ua   Pacta sunt servanda Clear contractual terms usually guarantee successful transaction. But sometimes occurring force majeure events negatively impact the parties, who face problems in fulfillment of their...

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