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Broken seal, suspicion of tampering – “damage”  under CMR Art 17?

Broken seal, suspicion of tampering – “damage” under CMR Art 17?

by Editor | Aug 25, 2020 | Carriage by Road, Case Summaries

Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The court of Amsterdam recently held that the word ‘damage’ in art. 17 paragraph 1of the CMR presumes substantial physical change to the state of the goods and ruled out, in this case, that...
Chinese Court Hands Down First Judgment on a Rail Bill of Lading

Chinese Court Hands Down First Judgment on a Rail Bill of Lading

by Editor | Aug 17, 2020 | Carriage by Rail, Case Summaries, Transport Documents

Ik Wei Chong + Christian Liu, Clyde + Co, Shanghai On 30 June 2020, the Liangjiang New District People’s Court, Chongqing (“the Court”) handed down a judgment following legal proceedings over the ownership of goods filed by the holder of a Rail Bill...
Appeal judgment in CMR: burden of proof (Art 29), breakthrough limit (Art 23)

Appeal judgment in CMR: burden of proof (Art 29), breakthrough limit (Art 23)

by Editor | Aug 2, 2020 | Carriage by Road, Case Summaries

Charlotte J. van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam On 24 March 2020 the Court of Appeal in Den Bosch (Bois-le-duc) handed down a judgment in a CMR road transport case where several parcels appeared to have been gone missing, most probably during...
Aprile SPA v Elin Maritime Ltd [2019]- Deck Cargo Exclusion

Aprile SPA v Elin Maritime Ltd [2019]- Deck Cargo Exclusion

by Editor | Jul 27, 2020 | Carriage by Sea, Transport Documents

John Habergham, Myton Law, Hull U.K. A number of claimants all named as ‘shipper’ on a bill of lading for a shipment of 201 packages of cargo described to be in ‘apparent good order and condition’ at the time of inspection, collectively brought a claim against the...
COVID-19: The Impact of Supply Chain disruption on Businesses – The Way Forward

COVID-19: The Impact of Supply Chain disruption on Businesses – The Way Forward

by Editor | Jun 24, 2020 | Commercial Issues, COVID-19

Frazer Hunt, Mills Oakley, Australia For many years, organizations have relied on global, inter-connected and lean supply chains to improve their margins through increased supply chain efficiency. However, the disruptions caused by the coronavirus have exposed...
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