Articles

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...

Unauthorised loading by carrier

Dr. Marco Remiorz, Dabelstein & Passehl, Germany Facts The transport insurer of a factory claimed damages from a carrier for damage to transported goods. The insured had engaged the defendant to transport eight boxes containing on-load tap changers from Germany to...

DECEMBER 2014 LEGAL LOOKOUT ARTICLE

Steve Block, Foster Pepper PLLC, USA Arbitration clauses can’t be unconscionable, at least within the Ninth Circuit. As with many other industries, shipping and logistics contracts quite frequently contain mandatory arbitration clauses designed to expedite and avoid...

Unrepaired Damage to Assets

Paul Bugden, Bugden + Co., London Waterdance Limited v Kingston Marine Services Limited [2014] EWHC 224 (TCC) Stuart-Smith J. The Joy of Ladram was a Beam Trawler owned by the Claimants engaged in commercial fishing. She suffered damage to her engine caused by...

Agreements to Agree and Agreements to Negotiate

Paul Bugden, Bugden + Co., London Longer term contracts in the field of logistics, freight forwarding and international sale and supply of goods very commonly include stipulations requiring the parties to negotiate, and even reach agreement, upon various matters...

OCTOBER 2014 LEGAL LOOKOUT ARTICLE 

Steve Block, Foster Pepper PLLC, USA NVOCCs must require original bill of lading for delivery, and failure to do so is an FMC-actionable Shipping Act violation. Yes, a non-vessel operating common carrier (NVOCC), standing in the shoes for most legal purposes as a...

Unrepaired Damage to Assets

Paul Bugden, Bugden + Co., London Waterdance Limited v Kingston Marine Services Limited [2014] EWHC 224 (TCC) Stuart-Smith J. The Joy of Ladram was a Beam Trawler owned by the Claimants engaged in commercial fishing. She suffered damage to her engine caused by...

THE MERCHANT CLAUSE-WHO IS “MERCHANT”?

Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Under the terms of a Bill of Lading the shipper, the receiver, the consignee, the holder of the Bill of Lading, the owner of the cargo and, usually, anybody further defined as merchant in the Bill of...

FORCE MAJEURE – SERVICE PROVIDERS’ LIABILITY

Alexey Remeslo, Senior Lawyer, Interlegal, Law firm                                      General view on service providers’ liability in Ukraine Ukrainian Law does not contain specific provisions as for the service providers’ liability. Such is regulated by general...

Lien Rights under the CIFFA STCs

Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada In Canada carriers of goods enjoy lien rights over cargoes under the common law, but these traditional rights, arising out of old English law, were developed long before the modern global logistics...

JULY 2014 LEGAL LOOKOUT ARTICLE

Steve Block, Foster Pepper PLLC, USA Holding Vessels Liable for their Owners’ Debt: a Couple Illustrative Cases The venerable maritime law concept that vessels are “folks” responsible and liable for their own debts is centuries old, at least in its earliest forms. It...

Costs in international arbitration

Paul Bugden, Bugden + Co., London Introduction Arbitration as an elective dispute resolution forum competes with civil jurisdictions and other forms of binding alternative dispute resolution such as expert determination. Arbitration venues also inevitably compete with...

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