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...
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...
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...
by Editor | Apr 2, 2019 | Case Summaries, Commercial Issues, STCs
By Frazer Hunt, Partner, and Maurice Lynch, Special Counsel, Mills Oakley, Australia On 1 April 2019, the Australian Competition and Consumer Commission accepted a court enforceable undertaking from Hutchison Ports Australia Pty Ltd in respect of its standard form...
by Editor | Mar 19, 2019 | Case Summaries, Commercial Issues
John Habergham, Myton Law, Hull U.K. In the recent case Globalink Transportation and Logistics Worldwide LLP v DHL Project & Chartering Limited [2019] the Commercial Court has further defined the limits of the common-law rule against set-off from freight. The rule...
by Editor | Mar 11, 2019 | Case Summaries, Multimodal, STCs
Does the General Conditions of Danske Havnevirksomheder (DHAB) apply where the terms have not been expressly agreed between the parties? This was the question in a case recently considered by the Danish Maritime and Commercial High Court. Henrik Thal...
