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...
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...
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...
