by Editor | Jul 8, 2019 | Case Summaries, STCs
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada A recent decision of the Federal Court of Canada provides an important analysis and application of contractual time bars, as well as particular discussion in respect of the application of the CIFFA...
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...
