Articles
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...
July 1st SOLAS implementation – practical or patchwork?
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Following the loss of the MSC Napoli, the International Maritime Organization (IMO) – of which 171 nations are Members – approved changes to the Safety of Life at Sea Convention (SOLAS) which will...
The “Golden Landmark” – A new dawn for enforcing foreign arbitrations?
Ik Wei Chong, Clyde + Co, Shanghai Ref: Siemens International Trading (Shanghai) Co., Ltd vs. Shanghai Golden Landmark Co., Ltd (2013) Hu Yi Zhong Min Ren (Wai Zhong) Zi No. 2 (27 November 2015) (Shanghai No.1 Intermediate People’s Court). In a recent case in the...
Forwarding Agent or Carrier? Types of Forwarding Contracts (II)
Paul Bugden, Bugden + Co., London For part I of this article click here. Standard forwarding terms If the parties have not expressly agreed whether the forwarder contracts to carry as principal or as agent to arrange, then it is suggested that in many cases it is...
Forwarding Agent or Carrier? Types of Forwarding Contracts (I)
Paul Bugden, Bugden + Co., London A notable feature in the international movement of good is the widespread adoption in various guises of 'agent to arrange' roles by the contractor for fulfilment for at least some part of the physical 'bailment' services contemplated...
“The MOL Comfort Incident”: 2 Recent Decisions
Henrik Jantzen+ Thomas Åkerstrøm Nielsen, Kromann Reumert, Denmark In two recent decisions, the Danish Maritime and Commercial High Court had the opportunity to review freight forwarders liability for losses imposed on importers due to the MOL Comfort incident,...
Right of Stoppage – It Sounds Simple, Right? Not for Freight Forwarders
Frazer Hunt, Mills Oakley, Australia A right of stoppage is the right of an unpaid seller to stop goods in transit that they have sold to a purchaser, and retain them until payment of the purchase price. For an unpaid seller to exercise a right of stoppage it must,...
Grossly Negligent Shipbroker Was Acquitted Since the Shipping Company Could Not Prove a Loss
Aage Krogh, IUNO Denmark Despite the presence of gross negligence, the Supreme Court of Norway acquitted a shipbroker who was not held liable since the shipping company, which had been misled, could not prove a loss. A Norwegian shipbroker was collecting tenders...
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...
New Regulations Concerning Obligatory Disclosure of International Forwarding Offering Prices are Now in Effect
Gill Nadel, Goldfarb Seligman, Israel Last August, the Knesset's Economics Committee approved new regulations, requiring international forwarders to provide full disclosure in their dealings with private consumers. The purpose of the regulations is to prevent disputes...
Norwegian Court Determines Criteria Regarding Custody of Goods In Port Area
Aage Krogh, IUNO Denmark A carrier was held liable for damages to goods caused by lifting and humidity, when the goods were being stored and transported within the port area previously to shipping. The carrier and the consignor did not have an established agreement...
“The Prestige” – Spanish Supreme Court rules on oil pollution damages caused by the tanker’s sinking
Felipe Arizon, Spain felipearizon@arizon.es Introduction The “Prestige” was an Aframax class oil tanker registered in the Bahamas with a Liberian corporation as owner and operated by a Greek company. On November 13th, 2002, while it was carrying 77,000 mt of heavy...
Government of Canada Tables Transportation Act Review
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada http://www.tc.gc.ca/eng/ctareview2014/canada-transportation-act-review.html In June 2014 the Government of Canada commissioned a review of the Canada Transportation Act and related legislation, with...
Claim Against Affiliated Companies Could Not be Brought Forward Against the Local Carrier
Aage Krogh, IUNO Denmark The Danish Maritime and Commercial High Court has established that a toy manufacturer could bring forward a claim against a Danish transport company, but not against the affiliated Czech company. The claim was based on a transport, which the...
A Forwarder’s Indemnity Claim Against an Air Carrier is Subject to a Shortened Statute of limitations
Gill Nadel, Goldfarb Seligman, Israel Damaged cargo claims against air carriers (airlines) are subject to an extremely short statute of limitations, becoming time barred two years from the cargo's date of delivery (or the date it should have been delivered), in...
CMR is final provision for carrier’s remuneration claims against consignee
Dr. Marco Remiorz, Dabelstein & Passehl, Germany The Koblenz Regional Court recently decided that according to the Convention on the Contract for the International Carriage of Goods by Road (CMR), a carrier's direct claims against the consignee are barred, even...
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...
Jurisdiction Clause Invalid: Freight Forwarder Found to have Jurisdiction in the Country of Transfer
Aage Krogh, IUNO Denmark In a partial judgment concerning arbitration, the Danish Maritime and Commercial Court rejected a legal appeal against a freight forwarder affiliated with the contracting carrier, since the carrier was not legally bound by the agreement in...
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...
Freight Forwarder had to Pay Damages for Tainted Salmon
Aage Krogh, IUNO Denmark The Norwegian Appeal Court has established that a freight forwarder had to compensate a shipper 39,000 Euro as a load of salmons arrived 40 hours late and therefore no longer were fit for human consumption. The freight forwarder had to...
Re: SOLAS Container weight and verification standards 2016
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Background The Safety of Life at Sea Convention (SOLAS) is a treaty of the International Maritime Organization (IMO), the United Nations agency tasked with maintaining a comprehensive framework of...
Validity of China seated arbitrations administered by non-Chinese arbitration institutions
Ik Wei Chong, Clyde + Co, Shanghai There are very few instances where an arbitration agreement, which provides for the arbitration to be administered by a non-Chinese arbitral institution (such as the ICC) under its arbitration rules, also provides for the seat of...
Legislative proposal to concentrate shipping disputes in the Rotterdam High Court
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The judicial system in the Netherlands The Netherlands is divided into eleven districts, each with its own court. These districts are made up of a maximum of five divisions, which always includes...
Liability of terminal operator for lifting contaminated goods
Dr. Marco Remiorz, Dabelstein & Passehl, Germany Facts The claimant, a Hamburg terminal operator, was instructed by the charterer of the BBC Naples, a general cargo vessel, to discharge and store pipes in the port of Hamburg. The pipes were discharged from the...
Legal Lookout: The material deviation doctrine hits the road
Steve Block, Foster Pepper PLLC, USA Maritime law’s doctrine of material deviation – one that goes way back – is defined per Nineteenth Century U.S. Supreme Court case law as a “voluntary departure without necessity, or any reasonable cause, from the regular and usual...
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...
What a Foreign Buyer Should Know about Export of Goods from Ukraine
Alexander Chebotarenko, Senior Lawyer, www.interlegal.com.ua It is well known that customs law creates a very specific legal regime that affects the status of persons and things belonging to them when such things are placed under customs control, but their clearance...
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...
Carriers’ and forwarders’ responsibility. Why you should keep an eye on it in Ukrainian business?
Alexey Remeslo & Ilona Belyuk, Interlegal Law firm Cargo transportation is quite a complex business. Lack of experience and inability to manage risks in this industry may have a negative impact on making business and often entails disappointment with the results...
New Zealand High Court Backs Humanitarian Approach to Seafarers: Part 1
Pauline Davies, Fee Langstone, New Zealand Ref: Glencore Grain BV v The Ship Lancelot V [2015] NZHC 1874, 10 August 2015, Davidson J At the time this article was being written, the Panama-registered, Marshall Islands-owned and Greek-managed Handymax ship Lancelot V...
Recent developments on domestic carriage by road in Italy
Claudio Perrella Italy c.perrella@lslex.com The 2014 Stability Law no. 190 introduced several changes to the road haulage sector in Italy. The move aims to reduce fragmentation in the sector and dissuade the indiscriminate use of sub-carriers. The new law establishes...
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...
Possessory lien on cargo in the Black Sea: how to do it in Ukraine
Arthur A. Nitsevych, Interlegal Ukraine nitsevych@interlegal.com.ua Failure of the charterer to pay the freight or demurrage amount incurred at the port of loading is quite frequent situation in the carriage of goods by sea. In the shipping business, the most common...
Joint Insurance and Subrogation – Case Analysis
Paul Bugden, Bugden + Co., London Gard Marine & Energy Ltd v China National Chartering Co Ltd [2015] EWCA Civ 16 - Contracts providing for insurance to be taken out in joint names have given rise to problems in relation to subrogation for a number of years....
Forwarder Liable Stolen LEGO worth € 110,000 – exposed but not robbed
Aage Krogh, IUNO Denmark A Danish freight forwarder was liable for the theft of valuable LEGO toys worth approximately €110,000, because it was not proved that the loss of goods was the result of a robbery. However, the freight forwarder could limit his liability...
Import, Export and In Between – Rulings and Legislation Updates and Review
Gill Nadel, Goldfarb Seligman, Israel Certificate of Origin According to Trade Agreements - Possibilities and Risks Ones who deal in importing goods from countries with which Israel has trade agreements with, regularly enjoy a customs exemption, but are constantly...
The Spanish Shipping Act – Introduction and ship arrest
Felipe Arizon, Spain felipearizon@arizon.es The new Spanish Shipping Act has brought to the Spanish jurisdiction a modern code that has finally corrected inexplicable bad approaches like the former absurd liability regime applicable to the ship agents under the...
The Supreme People’s Court issues guidance on CIETAC’s jurisdiction
Ik Wei Chong, Clyde + Co, Shanghai On 15 July 2015, the Supreme People's Court published "The Supreme People's Court's Reply to the Request Made by Shanghai High Court and Others in Relation to the Judicial Review on the Arbitration Awards Issued by China...
Carrier Liable for Damages Worth 1,3 Million Dollars After Stormy Weather
Aage Krogh, IUNO Denmark A contracting carrier and a shipping company were liable for damages that arose when 30 trailers were carried by sea on deck during stormy weather. The Danish Maritime and Commercial High Court found that there were no grounds for...
Binding Contract on Carriage by Sea – Despite ”Unfinished” Negotiations
Aage Krogh, IUNO Denmark An American freight forwarder must pay 160,000 USD in damages to a Danish shipping company after having rejected a contract at the last minute and at the same time hired another shipping company to conduct the carriage. The Danish...
Claim against Insurance Company Was Not Time-Barred Pursuant to the CMR-convention
Aage Krogh, IUNO Denmark A road haulier’s insurance company had to pay damages worth EUR 35,000 to the road haulier, who had indemnified a freight forwarder in order to preserve their commercial relationship. The Maritime and Commercial High Court dismissed the...
Fire in Affiliated Company’s Truck was Covered by Insurance
Aage Krogh, IUNO Denmark An insurance company had to pay damages amounting to approximately 650,000 EUR, when a fire arose in a truck, which a Danish carrier had leased from an affiliated company in Italy. According to the Danish Maritime and Commercial High Court,...
Road Haulier Liable in Denmark for Subsequent Damage in England
Aage Krogh, IUNO Denmark A road haulier who performed a road carriage in Denmark was liable for damage of 70,000 Euro which occurred in England whilst the goods were in the custody of the third carrier in the transport chain. This has recently been decided by the...
Shipper Awarded Compensation from Carrier after Settlement with Haulier
Aage Krogh, IUNO Denmark A wind turbine nacelle was damaged worth 228.000 EUR during transportation. The shipper of the nacelle made a settlement with the road haulier about compensating 134.000 EUR of the damages. Subsequently, the shipper claimed damages from the...
Trailer Parked in front of Freight Forwarder’s Terminal Was In Custody of the Carrier
Aage Krogh, IUNO Denmark The Maritime and Commercial High Court has ruled that a Danish carrier is liable for a trailer being stolen in front of the freight forwarder’s terminal. The trailer was filled with hams on hangers worth approximately 40,000 EUR. The carrier...
MERS: Potential Charterparty Implications
Ik Wei Chong, Clyde + Co, Shanghai South Korea's current outbreak of Middle East Respiratory Syndrome (MERS) has been the focus of much international attention. The local impact of the outbreak has been severe, leading to nearly 3,000 schools being closed and...
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...
Kassiopi Maritime Co Ltd v Fal Shipping Co.Ltd [2015] EWHC 318 (Comm) (19 February 2015) Hamblen J.
Paul Bugden, Bugden + Co., London Introduction This case is the latest in a long line of reported cases on demurrage time bars and almost certainly not the last. This note considers the main points that arose in the case and some others too. Background facts in...
Letters of Credit – effect of payment – Standard Chartered Bank v Dorchester LNG Ltd [2014] EWCA Civ 1382
Paul Bugden, Bugden + Co., London The modern cases support the proposition that if the opening or confirming bank fails to pay against presentation of conforming documents under a letter of credit payable at sight, the beneficiary may sue in debt to recover the value...
Spar Shipping AS v Grand China Logistics Holding (Group) Co, Ltd [2015] EWHC 718 (Comm) Poppewell J
Paul Bugden, Bugden + Co., London The Claimant ('Spar') was the registered owner of three supramax bulk carriers each let on long term time charter to Grand China Shipping (Hong Kong) Co Ltd with guarantees issued by the Defendant as the parent of the charterer. The...
Container demurrage – MSC Mediterranean Shipping Company SA v Cottonex Anstalt [2015] EWHC 283 (Comm) Leggatt J
Paul Bugden, Bugden + Co., London This case raised interesting and important questions as to the nature and duration of an obligation to pay 'container demurrage'. The Carrier contracted with the Shipper to carry a total of 35 containers of raw cotton by sea from...
Special report highlights organized crime at Vancouver Ports
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada An investigation by the Vancouver Sun[1] has uncovered both government and police documents evidencing an infiltration of Vancouver’s port facilities by biker gangs for the purposes of drug...
Will a Lawsuit Against an American Freight Forwarder Be Heard in Israel?
Gill Nadel, Goldfarb Seligman, Israel As a rule, when a claim is filed, the plaintiff is required to send a copy of the claim to the defendant's domicile, and to provide them to the prosecutor in person. As we know, when it comes to matters related to international...
Taxation of Imported Kosher Foods – An Additional Harsh Ruling for Importers
Gill Nadel, Goldfarb Seligman, Israel These days, a second ruling regarding the imposing of customs on kosher expenses of imported foods was given. The Tel Aviv Magistrates Court ruled that kosher expenses of imported lamb meat are considered to be an inseparable part...
Drafting Himalaya clauses covering arbitration clauses
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam A Himalaya clause is a contractual provision intended to confer a benefit on an entity that is not a party to that contract.[1] The name of the clause is derived from the English case of Adler v....
Import, Export and In Between – Rulings and Legislation Updates and Review – Important Things to Know About Engagement in Encryption Items
Gill Nadel, Goldfarb Seligman, Israel The Law Governing the Control of Commodities and Services (Order Regarding the Engagement in Encryption Items) - 1974 (Hereinafter: "Encryption Order"), regulates the engagement in encryption items while balancing individual and...
Causation and Mitigation in Damages for Breach of Contract
Paul Bugden, Bugden + Co., London Ref: Fulton Shipping Inc of Panama v Globalia Business Travel S.A.U. [2014] EWHC 1547 (Comm) Popplewell J This case raised a short but important point as to whether a shipowner claiming damages for charterers’ repudiation of a time...
MARCH 2015 LEGAL LOOKOUT ARTICLE – A non-vessel operating common carrier isn’t a cargo owner for purposes of claims against shipper.
Steve Block, Foster Pepper PLLC, USA The U.S. District Court for the Southern District of New York, one of the most active and authoritative courts addressing maritime law issues, recently ruled on a consignee’s motion to dismiss claims of a non-vessel operating...
PROTECTING YOUR OVERSEAS INVESTMENT AGAINST GOVERNMENT INTERFERENCE
Paul Bugden, Bugden + Co., London International forwarding and logistics, and indeed international trade more generally, nowadays often involves significant overseas investment; especially as new markets develop in emerging countries. Cross-border investments in...
Absolved – Freight Forwarder and Customs Agent
Gill Nadel, Goldfarb Seligman, Israel A Freight Forwarder and Customs Agent were Absolved from Responsibility for a Delay in the Releasing of a Shipment Recently, a judgment was given by the Rehovot Small Claims Court, relating to the responsibility of an...
Noteworthy developments in recent decisions rendered by the Danish Maritime and Commercial Court
Henrik Jantzen, Kromann Reumert, Denmark On 20 January 2015, the Danish Maritime and Commercial Court rendered two decisions of general interest to Freight Forwarders. The first case concerned inter alia whether court proceedings commenced in order to interrupt an...
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...
Ship Arrest in China – Increased Clarity from the Supreme People’s Court
Ik Wei Chong, Clyde + Co, Shanghai On 28 February 2015, the Supreme People’s Court of PRC published the Regulations on Certain Issues Concerning the Application of Law Relating to Arrest and Auction of Ships (“The Regulations”) which came into force on 1 March 2015....
Technical Fault in Filing of a Certificate of Origin
Gill Nadel, Goldfarb Seligman, Israel Recently, the Beit Shemesh Magistrates Court rejected an importer's claim against the Israel Customs Authority and ruled that even though it is possible to have a forgiving policy towards technical faults in the filing of...
FEDERAL COURT AND FEDERAL COURT OF APPEAL PUT THE FREEZE ON CARGO FITNESS FOR TRANSPORT DEFENCE
Shawn K. Faguy, Faguy & Co. Barristers & Solicitors Inc. We represented Travelers Insurance Company ("Travelers") in its subrogated action against a supplier of iron ore pellets that froze en route from Port-Cartier, Quebec to Toledo, Ohio. The Federal Court...
Unauthorised loading of goods attributable to freight forwarder
Dr. Marco Remiorz, Dabelstein & Passehl, Germany Introduction On November 28 2013 the Transport Law Division of the Federal Court of Justice decided on a case (I ZR 144/12) in which a manufacturer of tap chargers contracted a freight forwarder (the defendant) on a...
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...
Import, Export and In Between
Gill Nadel, Goldfarb Seligman, Israel When Does the Court Exempt the Marine Carrier and Freight Forwarder From Liability For Late Arriving Cargo? During the transportation of cargo, whether it is for import of for export, importers/exporters are assisted by many...
Repudiatory breach – Renunciation and Impossibility
Paul Bugden, Bugden + Co., London ref:Geden Operations Ltd v Dry Bulk Handy Holdings Inc M/V "Bulk Uruguay"/ [2014] EWHC 885 (Comm) (28 March 2014), [2014] 2 Lloyd's Rep 66 Popplewell J. This case concerned an appeal pursuant to s.69 of the Arbitration Act 1996...
MOL Comfort – Hamburg District Court rejects freight forwarder’s liability
Dr. Marco Remiorz, Dabelstein & Passehl, Germany The Hamburg District Court has denied a freight forwarder's liability for the loss of goods due to the sinking of the MOL Comfort. Facts The defendant, a German freight forwarder, was instructed with a multi-modal...
The Problems and perspectives of the salvage on the Danube River
Alexey Remeslo, Senior Lawyer, Interlegal, Law firm / Ilona Belyuk, Lawyer, Interlegal Law firm Salvage has a very long history, dating back to the 11th century B.C. Since that period it went through the development to the stage where it is now. However, not all of...
The new CIETAC Arbitration Rules 2015
Ik Wei Chong, Clyde + Co, Shanghai The China International Economic and Trade Arbitration Commission (“CIETAC”) recently revised its 2012 Arbitration Rules and will implement its new 2015 Arbitration Rules (the “New Rules”) with effect from 1 January 2015. The New...
Article 3.4 of the Arrest Convention in Italian case law: the debate continues
Claudio Perrella Italy c.perrella@lslex.com Italy is a signatory of the Brussels Convention 1952 (“the Convention”). If a ship is flying the flag of a state party to the Convention, arrest in Italy can be sought only with respect to maritime claims listed under...
Post-Judgment Interest – Novoship (UK) Limited v Nikitin [2014] EWCA Civ 908
Paul Bugden, Bugden + Co., London Section 17(1) of the 1838 Act, as amended, provides as follows: “Every judgment debt shall carry interest at the rate of 8 pounds per centum per annum from such time as shall be prescribed by rules of court until the same shall be...
A Watershed in the Availability of Corporate Information in China?
Ik Wei Chong, Clyde + Co, Shanghai In March 2014, the State Administration for Industry and Commerce ("SAIC") launched the National Company Credit Information System (the "NCCIS"). This online database, once established, will bring China in line with numerous other...
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...
Can a Customs Agent be Liable for Storage Fees?
Shmuel Grossman, Roy Gilad, Grossman, Cordova, Gilad & Co, Israel Is a customs agent liable for payment of storage fees that were not collected from the importer? An interesting judgment issued several days ago, discusses the relationship between the bonded...
Ukrainе – EU Association Agreement – in focus Trade, Maritime and Customs
Arthur A. Nitsevych, Interlegal Ukraine nitsevych@interlegal.com.ua Association Agreement with the EU The Association Agreement between the European Union, the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part...
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...
Customs Valuation of Goods Imported to Ukraine:Practical & Legal Issues
Alexander Chebotarenko, Interleagal & A. Lazarev Up-to-date economic relationships are rapidly developing. Globalization is characterized by strengthening of trade and economic ties between foreign trade participants, importers & exporters. Those who import...
Round table “ITF Campaign Black Sea of Shame: what shall ship owners expect” in Odessa, Ukraine
Arthur A. Nitsevych, Interlegal Ukraine nitsevych@interlegal.com.ua & Vladimir Torskiy On the 23rd of October 2014 in Odessa, the sea capital of Ukraine, Interlegal together with the Nautical Institute of Ukraine (branch of the Natical institute of UK) organized a...
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...
Chinese coal quality restrictions: a further headache for bulk importers?
Ik Wei Chong, Clyde + Co, Shanghai Given the growing concern over air pollution in major cities along the Chinese seaboard, and the current reliance on coal-burning power stations, it may come as no surprise that wide-ranging quality restrictions on coal, including...
Dishonesty in the Making of an Insurance Claim – the Insured’s Duty of Good Faith
Paul Bugden, Bugden + Co., London Discussed: Versloot Dredging BV v HDI Gerling Industrie Versicherung AG [2014] EWCA Civ 1349. An insured under a marine policy brings a claim after a casualty. In his communications with the underwriters he does not dishonestly...
Canadian and EU Leaders Sign CETA Pact; Germany Expresses Concern
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada The Comprehensive Economic and Trade Agreement (“CETA”) between Canada and the EU was signed on Friday by representatives of Canada and the EU after five years of negotiations. Prime Minister...
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...
MOL COMFORT: District Court of Hamburg rejects freight forwarders liability
Dr. Marco Remiorz, Dabelstein & Passehl, Germany The District Court of Hamburg – very experienced in shipping matters - has denied the liability of a freight forwarder for the loss of goods due to the sinking of the MOL Comfort. The defendant, a German freight...
TOWCON and Exclusive Choice of Forum – No Stay of Proceedings
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam District Court of Rotterdam, 2nd July 2014 in Sovlot v. Bensam Maritime Oil & Gass On 20 November 2012 a Towage Agreement was concluded between Sovlot B.V. (the Netherlands) as Tug Owner and...
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...
Shipment was not Dispatched – Exporter is Suing for Damages
Shmuel Grossman, Roy Gilad, Grossman, Cordova, Gilad & Co, Israel A company handling acquisition and marketing of metal waste contacted a client from England and agreed upon the exporting of an aluminium slag shipment to Spain. In order to export the shipment, the...
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...
Investigation of Aircraft Accidents:
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Fears grow that the crash site of flight MH17 in Eastern Ukraine may have been compromised. This is a gross infringement of the internationally endorsed rules how a state where a crash site is situated...
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...