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“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...
China – Release of Cargo without Production of the Original Bill of Lading in Brazil – a Successful Defence

China – Release of Cargo without Production of the Original Bill of Lading in Brazil – a Successful Defence

by Editor | Apr 25, 2019 | Carriage by Sea, Case Summaries, Transport Documents

Christian Liu and Ik Wei Chong, Clyde + Co, Shanghai Under the Chinese Maritime Code, a carrier is strictly obliged to deliver cargo against the production of the original Bill of Lading, and it is, therefore, usually very difficult to defend a claim lodged by the...
Air Safety Recommendations for Freight Forwarders

Air Safety Recommendations for Freight Forwarders

by Editor | Apr 16, 2019 | Carriage by Air, Commercial Issues

María Elena Sierra Díaz, AS Consultores, Mexico The stages and processes involved in the handling of international air freight are as follows: Internal processes. Processes before the authorities. Processes with correspondents. Internal processes Separated by...
Hard Brexit – liability risk for EU carriers

Hard Brexit – liability risk for EU carriers

by Editor | Apr 9, 2019 | Commercial Issues, Customs Issues

Dr. Marco Remiorz and Steffen Maelicke, Arnecke Sibeth Dabelstein, Germany On 29 March 2017 the United Kingdom submitted its Article 50 withdrawal notification to the European Union. This gave the United Kingdom and the European Union until 29 March 2019 to negotiate...
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