by Editor | Jan 29, 2019 | Case Summaries, Commercial Issues, Principal + Agent
Adry Poelmans, Van Doosselaere Avocaten, Belgium In Belgian jurisprudence, controversy has arisen recently as to the question whether a forwarding agent is “presumed” and also “entitled” to initiate, continue and maintain legal proceedings, or halt them if he has not...
by Editor | Jan 18, 2019 | Carriage by Sea, Case Summaries, Environment
Ref: Spanish Supreme Court decision dated 18th July 2018 Shipping transport and related activities have an impact on the environment, like many other industries, and may give rise to claims in tort by third parties adversely affected by the vessel’s operation. In a...
by Editor | Jan 4, 2019 | Carriage by Road, Case Summaries
Dr. Marco Remiorz, Arnecke Sibeth Dabelstein, Germany The Bremen Regional Court recently held a road carrier liable for loss of goods under Article 29 of the Convention on the Contract for the International Carriage of Goods by Road (CMR). According to the court, the...
by Editor | Dec 14, 2018 | Carriage by Sea, Case Summaries, Jurisdiction + Forum
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Re: Elroumi v. Shenzhen Top China Imp & Exp Co., Ltd China, 2018 FC 633 A recent decision of the Federal Court of Canada centered on the question of whether the Court had specific jurisdiction...
by Editor | Dec 11, 2018 | Carriage by Sea, Case Summaries
Ref: Volcafe Ltd v Compania Sud Americana De Vapores SA (CSAV) [2018] UKSC 61 Paul Bugden, Bugden + Co., London This important recent decision of the Supreme Court (as found in a single judgment delivered by Lord Sumption with whom Lords Reed, Wilson, Hodge and...
by Editor | Oct 22, 2018 | Carriage by Sea, Case Summaries
Dr. Marco Remiorz, Arnecke Sibeth Dabelstein, Germany Facts In its capacity as a court for inland navigation, the Mannheim District Court settled a dispute between an inland waterway carrier (the claimant) and a sender (the defendant). The sender had instructed the...
