Articles
NVOCC Held Liable for Vessel Fire
By: Andrew R. Spector, Esq. and Spencer J. Wellborn, Esq. The Southern District of New York entered a noteworthy decision holding a manufacturer and non-vessel operating common carrier (“NVOCC”) liable for an explosion and fire on a vessel that resulted in...
FIATA Proposes Best Practices in Demurrage and Detention
The Working Group - Sea Transport of the Fédération Internationale des Associations de Transitaires et Assimilés (FIATA) announced the publication of a Best Practices guide for Demurrage and Detention charges in Container Shipping. The absence of regulatory action...
Interlegal cancelled unlawful State Ecological Inspection Order
A foreign company-shipowner filed a request to Interlegal on defending rights and interests under the dispute with State Ecological Inspection on bringing vessel master to administrative liability. Vessel master was brought to administrative liability allegedly due to...
Importance of the performance audit in international trade and logistics
María Elena Sierra Díaz, General Director, AS Consultores There is a pain within the business sector regarding the imports or exports of products, commodities and inputs as well as for the companies who provide customs and transportation services to foreign trade...
Interlegal client returned USD$65,000 for bunker supply
Alexey Remeslo, Mikhail Selivanov, Interlegal A large bunkering company applied to Interlegal for legal assistance due to debt recovery for bunker supply. Case analysis resulted in the decision on ship arrest as maritime claim security as soon as possible, since the...
China establishes International Commercial Courts
Ik Wei Chong, Clyde + Co, Shanghai China establishes International Commercial Courts to resolve International Commercial Disputes China's Belt & Road Initiative (BRI), launched in 2013, is well underway in increasing China's regional connectivity and stimulating...
FMC Interim Report on Detention + Demurrage
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada On 5 March 2018 the FMC announced a fact-finding investigation number 28 entitled “Conditions and Practices relating to Detention, Demurrage, and Free Time in International Oceanborne Commerce”...
The Netherlands take first steps towards ratification of Rotterdam Rules
Charlotte van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The Rotterdam Rules have been introduced almost ten years ago, but have not been embraced just yet. The Netherlands recently took the first steps towards ratification and implementation of the...
PRC – Judicial Interpretation on Time Limitation on Actions
PRC judicial interpretation on the application of time limit under the General Provisions of Civil Law – What is the key impact? Ik Wei Chong, Clyde + Co, Shanghai Introduction The Supreme People's Court (SPC) has on 2 July 2018 issued the Interpretation on Several...
Current Issues in Freight Forwarding: Chapter Summaries
Simone Lamont-Black, Scotland, Simone.Lamont-Black@ed.ac.uk Edited by Dr. Simone Lamont-Black and Professor D Rhidian Thomas, and including contribution by a number of Forwarderlaw Members, this new book features 17 expert contributions on the topic of freight...
Current Issues in Freight Forwarding: law and logistics
Simone Lamont-Black, Scotland, Simone.Lamont-Black@ed.ac.uk This book is based on selected papers presented at conferences in Edinburgh[1] and Antwerp[2] on contemporary issues in freight forwarding. It illustrates the legal minefield that encircles the business of...
Is Russia an arbitration-friendly jurisdiction?
Arthur A. Nitsevych, Interlegal Ukraine International arbitration development has given rise to the theory of delocalizing international commercial arbitration, i.e. its international legal nature and supranational scope of activities which detach it from state...
Fraud
John Habergham, Myton Law, Hull U.K. Fraud always causes a frisson of excitement in court. The recent decision of the Court of Appeal in Sinocore International v RBRG Trading is no exception. This case involved the sale by the claimant to the defendant of a...
Containers Overboard! How can I Efficiently Protect my Rights – MV “YM Efficiency”
Maurice Lynch, Senior Associate, and Tom Mangan, Law Graduate, Mills Oakley. Australia In the age of mega container ships capable of carrying thousands of containers, the potential for incidents affecting large numbers of these containers increases. In the past four...
Derogation from CMR by Framework Agreement
Arnold Van Steenderen, Charlotte J. van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Under the Convention on the Contract for the International Carriage of Goods by Road (CMR) carriers shall be free to agree among themselves on provisions other than those...
Interlegal lawyers refunded m/v Norasia Taurus general average costs
Arthur A. Nitsevych, Interlegal Ukraine nitsevych@interlegal.com.ua Interlegal lawyers completed final case proceedings upon maritime casualty upon m/v «Norasia Taurus» in 2005. The Client refunded unused costs of guarantee security for cargo release, which resulted...
Brexit – The Impact on Transport Law And Regulation
John Habergham, Myton Law, Hull U.K. It is a truism that business doesn’t like uncertainty. And it a further truism that Brexit brings plenty of uncertainty. The fact is that the process will require the reassessment of the way trade and the movement of goods have...
Beyond the carrier’s period of responsibility – Is there liability?
Ik Wei Chong, Clyde + Co, Shanghai According to Article 46 of the Chinese Maritime Code, the responsibility of a carrier for cargo carried in containers covers the entire period during which the carrier is in charge of the goods, starting from the time the carrier has...
Interlegal becomes the official representative of MTBS in Ukraine
Interlegal and MTBS (Maritime & Transport Business Solutions), a leading maritime consultancy company from Rotterdam, The Netherlands, have agreed on a strategic partnership related to port and infrastructure projects in Ukraine under a new “MTBS Ukraine” brand....
The 2018 Dutch Forwarding Conditions
Arnold Van Steenderen + Charlotte Van Steenderen Van Steenderen Mainport Lawyers, Rotterdam The Dutch Freight Forwarders Association (“FENEX”) issued the first edition of its Standard Trading Conditions (“STC” or “Fenex Conditions”) on 15 March 1956. Since then the...
Ship arrest in Ukraine: updated regulations
Arthur A. Nitsevych, Interlegal Ukraine nitsevych@interlegal.com.ua There are no doubts that the main occasion, which will determine the Ukrainian legal trends in sea carriage in 2018, is the entry into force of the Law of Ukraine on October 03 2017 “On amendments to...
AP Moller-Maersk A/S (t/a Maersk Line) v Kyokuyo Ltd
Paul Bugden, Bugden + Co., London Introduction This important Court of Appeal case concerned the scope of the Hague and Hague-Visby Rules and their application to the carriage of goods by sea in containers. Kyokuyo (the respondent to the appeal and the claimant cargo...
The Ashdod Magistrate Court – An Insurance Company May File A Claim In Israel Against Foreign Defendants
Gill Nadel, Dave Zeitoun, Shirly Strezhevsky, Goldfarb Seligman, Israel Background: Israeli legislation created a special arrangement which allows for claims to be filed against individuals who are not within the territory of the State of Israel. The plaintiff files a...
Is a Freight Forwarder responsible for late arrival of goods?
Roy Gilad, Grossman, Cordova, Gilad & Co, Israel On March 14, 2018, the Magistrate Court in the city of Be’er Sheva in Israel gave a ruling on the question of whether a freight forwarder is responsible for alleged damage sustained by an importer as a result of a...
LPL v Onego Shipping “the Pietro Benedetti”
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: LPL Projects Logistics Spain S.L. and TransGroup Worldwide Logistics v. Onego Shipping & Chartering B.V. – the “Pietro Benedetti” Transformer shipped from Bilbao (Spain) to Houston (Texas)...
Glencore Energy v Freeport Holdings (The Lady M)
Paul Bugden, Bugden + Co., London Ref: Glencore Energy UK Ltd v Freeport Holdings Ltd (The Lady M) [2017] EWHC 3348 (Comm) Popplewell J. This case raised (on a determination of agreed preliminary issues on agreed facts) some significant points under the...
Sevylor Shipping v Altfadul Company (The Baltic Strait)
Paul Bugden, Bugden + Co., London Ref: Sevylor Shipping v Altfadul Company (The Baltic Strait) [2018] EWHC 629 (Comm) Andrew Baker J. This was an appeal to the High Court under section 69 of the Arbitration Act 1996 arising out of a London arbitration award whereby...
Goods In Transit, 4th Ed. now available!
The updated 4th Edition of "Goods in Transit", authored by our own Paul Bugden (London) and Dr. Simone Lamont-Black (Edinburgh), is now available for purchase from Sweet & Maxwell. ISBN: 9780414062108 Published by: Sweet & Maxwell Authors:Paul Bugden; Dr...
Grain and Maritime Days Conference – Odessa, May 24-25
Grain & Maritime Days in Odessa has gained a reputation as one of the most effective information and networking venues, gathering annually in Odessa up to 500 top managers of grain and maritime industries, agricultural enterprises, traders, ship owners,...
Ship collision – Prima facie evidence under German Law
Lars Kortländer, Olaf Hartenstein, Dabelstein & Passehl, Germany Ref: OLG Nürnberg, Endurteil v. 19.10.2016 – 12 U 2194/14 Facts The owner of a German flagged yacht was sued by another German flagged yacht owner for compensation, after the yachts collided in bad...
Action Workforce v DHL – enforcing indemnity
I have settled the claim – Can I enforce an indemnity to recover the settlement? Maurice Lynch, Senior Associate, Mills Oakley Many persons and entities consider that a contractual indemnity gives them carte blanche to settle claims made against them by third parties...
Court Orders Cargo Released Without Original BL Against Deposit
Gill Nadel, Dave Zeitoun, Shirly Strezhevsky, Goldfarb Seligman, Israel Case Facts & Arguments: A dispute arose between food importers and marine carriers during the release of food shipments which reached their destinations at the ports of Haifa and Ashdod. The...
Interlegal opens new office in Constanta
Interlegal presents the new partner – Virgil Nita, the Romanian practice manager. Law firm expansion in Black Sea Region resulted in opening a new office in Constanta. Interlegal new office will facilitate more effective legal support for the Romanian clients in...
Claim Against Shipping Company Not Dismissed on Foreign Jurisdiction Clause
Gill Nadel, Dave Zeitoun, Matan Yaacov, Goldfarb Seligman, Israel Background: In the following article, we will review a case in which the Haifa Magistrate Court decided to adjudicate a dispute between an international forwarding company and an insurance company, even...
Interlegal first Ukrainian law firm to arrest ship under new regulations
Interlegal is the first Ukrainian law firm which performed ship arrest at the sea port in accordance with new commercial procedural regulations, resulting in the Shipowner’s full debt recovery against the Client. Maritime agency filed a request to Interlegal on debt...
A precedent ruling by the Israeli Supreme Court in Jerusalem in respect of “Himalaya clause”
Roy Gilad, Grossman, Cordova, Gilad & Co, Israel In January 25th, 2018 a precedent decision was rendered by the Israeli Supreme Court, according to which a foreign jurisdiction clause in a bill of lading applied also to a third party that was not a party to the...
The Irish International Freight association (IIFA) Standard Trading Conditions and Warehousing Conditions – 2018 Edition
Helen Noble, Noble Shipping Law, Ireland In 2017 a committee of IIFA members commenced a review of the IIFA 1989 Standard Trading Conditions. The revised terms, available for use from 31 January 2018, are the IIFA Standard Trading Conditions and Warehousing Conditions...
Insolvency of a sea carrier: consequences for shippers and forwarders
Dr. Marco Remiorz, Dabelstein & Passehl, Germany When a sea carrier files for insolvency in the course of the sea carriage, considerable additional costs and expenses occur in the efforts to deliver the cargo to the consignee. If a German freight forwarder is...
Carmack doesn’t preempt broker’s cargo claim against trucker
Steve Block, Foster Pepper PLLC, USA Ref: Mid-America Freight Logistics, LLC v. Walters Trucking, Inc., 2017 WL 4778570 (E.D. Mo. 2017) Freight broker Mid-America Freight Logistics had a contract with motor carrier Walters Trucking whereby Walters agreed to hold...
Capped Costs in the London Circuit Commercial Court
John Habergham, Myton Law, Hull U.K. The London Circuit Commercial Court has introduced a voluntary pilot scheme for capped costs litigation. The court is the successor to the London Mercantile Court and is there to provide an alternative to the Commercial Court for...
Freight Forwarding under Israeli law – at a Glance
Roy Gilad, Grossman, Cordova, Gilad & Co, Israel Israeli law applies international norms to Actual Carriers, both sea and air, including limited liability clauses. Thus, the Israeli Marine Goods Transportation Ordinance applies the Hague Regulations to bills of...
The “Belo Horizonte”- Jurisdictional Challenges after Seizure of Evidence
Arnold Van Steenderen + Milan Simić, Van Steenderen Mainport Lawyers, Rotterdam A voyage of the “Belo Horizonte” from Argentina to the United Kingdom has lead to interesting decisions regarding jurisdiction over the claim for the surrender of evidence seized on board....
Time limit for the application of enforcement of a foreign arbitral award in China
Ik Wei Chong, Clyde + Co, Shanghai As an international firm, we regularly deal with applications for recognition and enforcement of foreign arbitral awards in the Chinese Courts. These applications involve a two-stage approach: 1. submitting an application for the...
Paying to play: Considerations transportation intermediaries should consider before contractually accepting cargo liability
Steve Block, Foster Pepper PLLC, USA [Ed Note: This article was first published in December 2017's "Legal Lookout" and is republished here with the author's permission] Virtually all ocean freight forwarders and surface freight brokers have to decide whether to accept...
Service Outside Hague Convention
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada This appeal considered the validity of service of a Statement of Claim in accordance with The Hague Convention on defendants located in a state that is not a party to that Convention. The Court...
Starting Point of the Carrier’s Period of Responsibility for Goods Packed in a Container
Lina Wiedenbach and Dr. Marco Remiorz, Dabelstein & Passehl, Germany Facts The Claimant as carrier had entered into a contract with a shipper for the transport of five containers from Hamburg, Germany to Limassol, Cyprus. In performing the transport services, the...
Armed Robbery From a Bonded Warehouse: Who Pays The Customs Duties?
William Fullard, Fullard Mayer, South Africa In common with most customs’ regimes, South African law permits the entry of dutiable imported goods for storage in a licensed customs and excise (bonded) warehouse, with deferment of payment of customs duty, for a maximum...
Schenker Limited v Negocios Europa Ltd
John Habergham, Myton Law, Hull U.K. This case plugs a gap in case law with regard to the common law rule against set off from freight. This rule is of some antiquity for carriage by sea and was extended to international carriage by road by RH&D International...
Political Row over Airport Slots
Russian air carrier AirBridge Cargo loses Schiphol slots Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The allocation of slots at Schiphol Airport (number 11 in the World’s Top 100 Airports 2017) for the current winter season has not gone by...
Mediterranean Shipping Company confirms in Valencia the strength of bill of lading jurisdiction clauses
Felipe Arizon, Arizon Abogados SLP, Spain It is no secret that Spain is a major cargo interest country where insurance recoveries against carriers account for the largest part of the maritime legal practice. The entry into force of the Spanish Shipping Act (SSA)...
International Container Shipping – A Frame Agreement and Volume Incentive Discounts
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The Rotterdam District Court has handed down a judgment in Overseas Shippers Association Ltd/MOL (Europe) B.V.[1] in connection with disputes that have arisen under a Frame Agreement enabling members of...
Container Carriage Risks in Maritime Trade
Artem Skorobogatov, Partner, and Karyna Gorovaya, Senior Lawyer, Interlegal (Ukraine) Today international maritime trade is one of the most popular business areas in Ukraine. International contracts are concluded every day, so the issues of their performance, in...
Loss of goods due to misloading at multimodal transport
By Stefanie Landauer and Dr. Marco Remiorz, Dabelstein & Passehl, Germany Facts Claimant is the transport insurer of cargo interests, the Respondent is a freight forwarding company which has been instructed by the damaged party to deliver goods (that have been...
The elephant in the room – a cautionary tale for freight forwarders
Frazer Hunt and Henry Holland, Mills Oakley, Australia The District Court of New South Wales has ruled that a freight forwarder engaged in misleading or deceptive conduct by issuing house bills of lading with all the hallmarks of negotiable bills of lading where the...
Hurricanes highlight the Jones Act’s faults
Steve Block, Foster Pepper PLLC, USA Ed Note: This article is republished with permission from September's Legal Lookout. In 1920, Congress passed the Merchant Marine Act, colloquially “the Jones Act,” which governs transportation of cargo within the U.S. domestic...
Punitive damages in contract and tort – The position in Singapore
Ik Wei Chong, Clyde + Co, Shanghai In a recent case in Singapore, the Court of Appeal examined whether punitive damages may be awarded for a pure contractual breach. Facts PH Hydraulics & Engineering Pte Ltd (PH) designs, manufactures, and supplies heavy offshore...
UK Supreme Court on Damages for Breach of Contract
Paul Bugden, Bugden + Co., London Ref: Fulton Shipping v Globalia Business Travel (The New Flamenco) [2017] UKSC 43; [2017] 1 W.L.R. 2581. Once again fundamental principles of damages for breach of contract have reached the Supreme Court for consideration in the...
Key Features of grain logistics via Ukraine from Moldova and Trans-Dniester
Karyna Gorovaya, Senior Lawyer, Interlegal, Ukraine One of the most popular global business activities is international trade. Ukraine is also engaged in such process. Official statistic data show that Ukraine, as the agricultural state, ranks among the top global...
A safe port in waves and gales – Gard Marine v China National
Paul Bugden, Bugden + Co., London Ref: Gard Marine and Energy Ltd v China National Chartering Company Ltd [2017] UKSC 35; [2017] WLR 1793. By a demise charterparty the vessel’s owners, Ocean Victory Maritime Inc. (“the owners”) chartered the vessel to Ocean Line...
General Provisions and Principles of Chinese Maritime Law
George Wang, Dentons Beijing General Provisions of the Civil Law of the People’s Republic of China (hereinafter referred to as the General Provisions) was approved by the legislative authority of China on 15th March 2017, and shall come into effect on 1st October...
Maersk ’s claim against forwarder for demurrage denied by Valencia Court of Appeal
Felipe Arizon, Spain felipearizon@arizon.es Ref: Judgment of 5th October 2016 This was an appeal by Messrs. A/P Moller Maersk AS against the judgment issued by the Valencia Commercial Court in respect to a claim for demurrage and other costs incurred by a shipment of...
Blockade of a vessel – damage to property?
Dr. Marco Remiorz, Dabelstein & Passehl, Germany Facts A tanker barge anchored on the Rhine River within an area were anchoring was prohibited. During a manoeuver the vessel ran aground and was secured with an anchor; the anchor chain blocked the entrance to a...
Qatar Ban + Sanctions – Update from the Gulf
Jean-Michel Moriniere, UAE jm@moriniere.org On 5 June 2017, three of the six members of the Gulf Cooperation Council (“GCC”), the Kingdom of Saudi Arabia (“KSA”), the Federation of the United Arab Emirates (“UAE”) and the Kingdom of Bahrain (“Bahrain”) have decided to...
The Chinese General Provisions of Civil Law 2017 – Impact on Insurers
Ik Wei Chong, Clyde + Co, Shanghai On 15 March 2017, The Chinese GeneraI Provisions of CiviI Law (the General Provisions) were formally adopted at the 5th Session of the 12th National People Congress of the People's Republic of China. The General Provisions are...
Case Summary – Kyokuyo Co Ltd v A P Møller-Maersk A/S
Paul Bugden, Bugden + Co., London Kyokuyo Co Ltd v A P Møller-Maersk A/S [2017] EWHC 654 (Comm) Andrew Baker J. 1. Background facts The claimant was the receiver of three container loads of frozen bluefin, made up of tuna loins and bags of tuna parts, shipped at...
Situation awareness about the Qatar Ban
Jean-Michel Moriniere, UAE jm@moriniere.org On 5 June 2017, three of the six members of the Gulf Cooperation Council (“GCC”), the Kingdom of Saudi Arabia (“KSA”), the Federation of the United Arab Emirates (“UAE”) and the Kingdom of Bahrain (“Bahrain”) have decided to...
Caution when it comes to driving a foreign company car
Robert Vogel, Switzerland rvogel@swisslegal.ch In Switzerland it is common to provide employees who rely on a car for business uses a company car. As a fringe benefit, the company car can often also be used for private purposes. The concrete arrangement concerning the...
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...
China introduces a new class of Non-Truck-Owning-Carriers to Improve Efficiency
Richard Gluck, USA rgluck@gsblaw.com In line with PRC’s 13th Five-Year-Plan and “Internet+” initiative, the Ministry of Transport launched the Non-Truck-Owning-Carrier program as a one-year pilot beginning December 2016. The goal of the program is to introduce...
CBSA Delays e-Manifest Implementation
The Canada Border Services Agency (CBSA) published Customs Notice 17-15 yesterday, which delays the mandatory implementation date for the e-Manifest program indefinitely. This expected announcement replaces Notice 16-23, under which e-Manifest would have been...
Chinese court enforces a foreign judgement for the first time on the basis of reciprocity
Ik Wei Chong, Clyde + Co, Shanghai China has for the longest time been known for adopting one of the most restrictive reciprocity systems in the world. A view widely accepted by even Chinese scholars, this approach has made it almost impossible to recognise foreign...
The “Delfborg”: Constitution of Limitation Fund and Lis Pendens
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Baltic Cable AB in Malmö, Sweden, owns and operates a 600 submarine high voltage, direct current link between Trelleborg, Sweden and Lübeck, Germany. This link...
FMC overhauls regs governing service contract and NSA filing
Steve Block, Foster Pepper PLLC, USA The evolution of ocean shipping requires periodic tune-ups to its management, and the U.S. Federal Maritime Commission (FMC) recently worked with industry (though its various trade associations) to adjust the cogs of regulatory...
Canada lifts Sanctions vs Côte d’Ivoire and Liberia
Gavin Magrath, Magrath’s International Legal Counsel, Canada The Honourable Chrystia Freeland, Minister of Foreign Affairs, announced that Canada is repealing its sanctions against Côte d’Ivoire and Liberia under the United Nations Act. Pursuant to United Nations...
Direct claim against liability insurer: is it real in Ukraine?
Natalya Myroshnychenko, Interlegal Law Firm, Ukraine For a party suffering damage from a tort or breach of contract, it may be of key importance to sue not only the person liable, but also the liability insurer behind that person. This is obviously hot topic in...
Enforcement of arbitral awards in China – A ray of light?
Ik Wei Chong, Clyde + Co, Shanghai An analysis of the "Ennead" decision: the first CIETAC Hong Kong arbitral award been recognised and enforced in the Mainland Ref: Ennead Architects International LLP v. Fuli Nanjing Dichan Kaifa Youxian Gongsi (2016) Su 01 RenGang...
New version of the General Conditions of Danish port activities – DHAB 2016
Henrik Jantzen + Tine Fomsgaard, Kromann Reumert, Denmark In Denmark, a new version of the General Conditions of Danish port activities (DHAB) has been agreed on and the new version of DHAB, DHAB 2016, can be used from 31 January 2017. According to the Danish Port...
Ontario Court of Appeal upholds “Strong” test for Forum Selection
Gavin Magrath, Magrath's International Legal Counsel The Ontario Court of Appeal recently confirmed that parties who enter into contractual arrangements that include a forum selection clause must show strong cause why they should not be enforced if suit is brought in...
Insurance Company was Obliged to Indemnify Freight Forwarder’s Settlement Costs
Aage Krogh, IUNO Denmark A shipping company and a freight forwarder agreed to settle a claim concerning nacelles which had been damaged during transportation, the freight forwarder paying 95.000 USD to the shipping company. The Maritime and Commercial High Court ruled...
Choice of Venue and Maritime Lien Claims
George Wang, Dentons Beijing Preferred maritime liens can raise challenging issues during maritime disputes—especially during bankruptcy. Creditors may encounter problems when filing for seizure due to their unique nature, with venue is becoming a determining factor....
China issues new opinions on optimising judicial resources
k Wei Chong, Clyde + Co, Shanghai Potential redefinition of the address for document service and the assumption of attorney's fees Introduction On 13 September 2016, the Supreme People's Court of PRC published Several Opinions on Further Advancing Optimisation of...
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...
“Never e Nuff” Issues in cross border vessel mortgages
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Facts: The plaintiff, a US bank, had lent an American individual (McMahon) USD$146,390 for the purchase of the “Never E Nuff” , a 38-foot pleasure craft, and had registered the mortgage with the US...
Again: New German Freight Forwarders’ STCs (ADSp 2017)
Dr. Marco Remiorz, Dabelstein & Passehl, Germany Both the leading forwarder’s and cargo interests’ unions have agreed to recommend the application of the new German Freight Forwarders’ Standard Terms and Conditions (ADSp 2017) applicable from 1 January 2017...
Purposive Interpretation of Customs Duty Legislation
Shmuel Grossman, Grossman, Cordova, Gilad & Co, Israel A ruling given a number of days ago in the Israeli Supreme Court, demonstrates how the legislation governing the requirements to pay customs duty is to be interpreted. This relates to a dispute between a...
Forwarder’s Obligation to Deliver Bills of Lading in FOB Contracts
George Wang, Dentons Beijing The practices of cargo forwarding businesses are always contentious, especially in Chinese jurisdiction, where the industry is governed by several statutory laws and regulations. Every party involved should be scrupulous when doing the...
Forwarder not Liable for Week Delay in Arrival
Gill Nadel + Ohad Krief, Goldfarb Seligman, Israel Importers utilize the services of various logistics entities in the cargo transportation process, including international forwarders, shipping companies, air carriers, custom brokers, logistic warehouses and many...
Hanjin Shipping Co. Ltd. – International Ramification of Rehabilitation Procedure in S.Korea
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam On 1 September 2016 the Seoul Central District Court (6th Bench of Bankruptcy Division) decided on the request of Hanjin of 31 August 2016 to commence a rehabilitation procedure for the company since...
Freight Forwarders Standard terms (Denmark) NSAB 2015
Henrik Jantzen, Kromann Reumert, Denmark Ed note: this is part 2 of an article in two parts; the first part is posted here. 4) NSAB 2015 and the Freight Forwarder's legal position 4.1) Applicability of NSAB 2015 As stated in the preamble to NSAB 2015, the terms are a...
Freight Forwarders Standard terms (Denmark) NSAB 2015
Henrik Jantzen, Kromann Reumert, Denmark 1) Freight Forwarding Business in Denmark Freight forwarding is a significant line of business in Denmark. A substantial part of import and export is carried out as road carriage and moreover Denmark is a transit for road...
“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...
Forwarder’s Liability in Transport by Road, Ukraine
Mikhail Selivanov, Interlegal Ukraine FIATA states that freight forwarding companies get involved in nearly 80 % of international transportations by all types of vehicles. The official concept of “freight forwarding and logistic services” adopted on 29.10.2004 jointly...
Will Master Contract Trump Conflicting Bill of Lading?
Steve Block, Foster Pepper PLLC, USA Whether master contract trumps conflicting bill of lading is a question of fact not properly decided on summary judgment. Shipper-carrier volume cargo arrangements typically are documented by master contracts stating general terms...
Mandatory Rail Transport Liability Regime Does Not Preclude Further Damages
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam On 4 May 2013 the first five wagons containing acrylonitrile of a freight train derailed in Wetteren, Belgium, due to the driver missing a sign alerting him for switches where the train had to reduce...
Can Maritime Lien be Extended by Contract?
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada In this recent decision of the US Court of Appeals for the Third Circuit, the NVOC claimed a contractual lien over goods in transit for all debts owed by a bankrupt importer (almost $1.5 million)....
The Chinese Maritime Code – Does it apply to salvage based on pre-agreed emergency response tariff rates?
Ik Wei Chong, Clyde + Co, Shanghai The Supreme Court of China recently delivered a ruling on the application of Chapter 9 of the Chinese Maritime Code (CMC) [N1] dealing mainly with disputes arising out of salvage at sea - to contracts for salvage based on pre-agreed...
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....
Shipyard Was Acquitted Since the Shipping Company Could Not Lift the Burden of Proof
Aage Krogh, IUNO Denmark The Danish Maritime and Commercial Court has ruled that a shipyard was not liable for several fires on board a ship, even though the fires were caused by faults due to repairs by the shipyard’s subcontractor. The shipping company could not...
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...
Brokers banned from settling claims on behalf of insurers
Olaf Hartenstein and Carolin Schilling-Schulz, Dabelstein & Passehl, Germany Introduction On January 14 2016 the broker law division of the Federal Court of Justice ruled on a case (I ZR 107/14) where the Cologne Bar Association had filed an injunction against an...