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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...
URGENT – Standard Form Transport and Storage Contract Exclusions Clauses are at Risk!

URGENT – Standard Form Transport and Storage Contract Exclusions Clauses are at Risk!

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...
No common law rule against set-off in freight forwarding contracts

No common law rule against set-off in freight forwarding contracts

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...
Can Standard Terms apply when not expressly agreed?

Can Standard Terms apply when not expressly agreed?

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...
Extreme Caution regarding Letters of Undertaking: A Binding Agreement to Agree

Extreme Caution regarding Letters of Undertaking: A Binding Agreement to Agree

by Editor | Mar 7, 2019 | Case Summaries, Insurance

Helen Noble, Noble Shipping Law, Ireland Following a recent decision of the High Court in Ireland, insurers should exercise extreme caution when offering a Letter of Undertaking (LOU) in principle as security to prevent a vessel from being arrested. In the cases of...
Court Rejects Request to Delay Release of Cargo without Original BLs

Court Rejects Request to Delay Release of Cargo without Original BLs

by Editor | Feb 28, 2019 | Case Summaries, Transport Documents

Adv. Gill Nadel,  Adv. Dave Zeitoun, Adv. Shirly Strezhevsky, Goldfarb Seligman, Israel Background: In the following article we will review the ruling of the Haifa Magistrate Court regarding F.A.Y. Com Ltd.’s request to delay the release of marine cargo which...
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