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Destruction of consignment by customs – question of liability

Destruction of consignment by customs – question of liability

by Editor | May 25, 2019 | Carriage by Air, Customs Issues

Dr. Marco Remiorz and Lars Kortländer, Arnecke Sibeth Dabelstein, Germany In a recently published decision of the Higher Regional Court (OLG) of Düsseldorf the Court held that if the sovereign act (here: destruction of the goods by customs) has been rendered null and...
Yantian Express Finally Calls at Halifax

Yantian Express Finally Calls at Halifax

by Editor | May 21, 2019 | Carriage by Sea, Commercial Issues

As Stan Rogers might have said, it’s been six long months since she sailed away, but she just made Halifax yesterday. Hapag-Lloyd’s Yantian Express sailed from Columbo, Sri Lanka, in December 2018, but in January the ship was struck by fire while at sea on 2 January...
FIATA Publishes Best Practices on Quality of Containers

FIATA Publishes Best Practices on Quality of Containers

by Editor | May 14, 2019 | Carriage by Sea, Commercial Issues

In April 2019 the FIATA Working Group Sea Transport published a guide outlining problems and best practices in “Container Shipping and Quality of Containers“.  This follows on their guide for best practices in respect of  demurrage and detention on...
“Weight and quantity unknown clause” in Bills of Lading – is it effective in China?

“Weight and quantity unknown clause” in Bills of Lading – is it effective in China?

by Editor | May 13, 2019 | Carriage by Sea, Case Summaries, Transport Documents

Ik Wei Chong, Clyde + Co, Shanghai A “weight and quantity unknown clause” in the Bill of Lading for container cargo is rather common in the marine industry but its effectiveness under Chinese law is always a highly arguable issue. Previous practice shows...
Bumbled Burden or Brilliant Clarity: Burden of Proof and the Hague Visby Rules

Bumbled Burden or Brilliant Clarity: Burden of Proof and the Hague Visby Rules

by Editor | May 7, 2019 | Carriage by Sea, Case Summaries

Maurice Lynch, Mills Oakley, Australia The recent decision of the Supreme Court of the United Kingdom in Volcafe Ltd v Compania Sud Americana De Vapores SA [2018] UKSC 61, is the first authoritative analysis on burden of proof in the Hague Visby Rules. The Court held...
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