Articles

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...

Freight Forwarder Liable for Delay Due to Passivity

Aage Krogh, IUNO Denmark A freight forwarder had to pay full damages to a shipper because the carriage had been several months delayed and the freight forwarder had remained passive in relation to problems with his sub-contractor. According to the contract, six tanks...

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