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...
by Editor | Jun 17, 2020 | Case Summaries, Jurisdiction + Forum
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: Rotterdam District Court, judgment of 22 January 2020 1.CMR case. Jurisdiction. Arbitration clause in article 23 Dutch Forwarding Conditions (‘Fenex Conditions’) Article 1022 DCCP. Article 1021...
by Editor | Jun 11, 2020 | Carriage by Sea, Case Summaries
John Habergham, Myton Law, Hull U.K. The recent Commercial Court judgement, MVV Environment Devonport Limited v NTO Shipping GmbH and Co KG was a challenge to a final arbitration award but really it was all about who is a party to a bill of lading contract. The case...
by Editor | Jun 6, 2020 | Carriage by Sea, Case Summaries
Maurice Lynce + Tom Mangan, Mills Oakley, Australia RECENTLY, MV “APL England” lost more than 50 containers overboard off the coast of NSW during poor weather and another 80 have been damaged on board the ship. Notably, a similar incident impacted the very same...
by Editor | May 18, 2020 | Carriage by Sea, Case Summaries
Felix Goebel, Dr. Marco Remiorz, Arnecke Sibeth Dabelstein, Germany On 8 November 2018 the Hamburg Higher Regional Court had to rule on a damages claim arising from the loss of deck cargo during a sea voyage (6 U 222/16). The court ruled this case differently from a...
by Editor | Apr 17, 2020 | Case Summaries
Warehouse Keeper successfully invokes Force Majeure for Malfunctioning Foam Fire Extinguishing System Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Warehousing. Spontaneous release of foam by fire extinguishing installation. Damage to goods stored....