by Editor | May 12, 2023 | Commercial Issues, Conflict of laws, Insurance, Jurisdiction + Forum, Summaries of Cases
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Ref: Vale Canada Limited v. Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862, appeal of 2022 ONSC 12. Vale Canada, an international mining company, faced environmental degradation...
by Editor | Apr 25, 2023 | Carriage by Road, National Issues, Summaries of Cases
Charlotte J. van Steenderen, Van Steenderen Mainport Lawyers B.V. The Arnhem-Leeuwarden Court of Appeal rendered a judgment on 21 March 2023 (ECLI:NL:GHARL:2023:2521) in a case concerning a claim by insurer Ergo Versicherung AG against Morcargo B.V., Morcargo...
by Editor | Apr 17, 2023 | Carriage by Road, Summaries of Cases
Charlotte J. van Steenderen, Van Steenderen Mainport Lawyers The Amsterdam District Court rendered a judgment on 22 February 2023 (ECLI:NL:RBAMS:2023:857) in a case between DSV Solutions Ltd., DSV Road Ltd., DSV Road B.V. and DSV Air & Sea Limited (hereinafter:...
by Editor | Apr 10, 2023 | Carriage by Road, Summaries of Cases
Felix Goebel, Arnecke Sibeth Dabelstein Pursuant to section 425(1) of the German Commercial Code (HGB), a carrier is liable for damage caused by loss of, or damage to, goods in the period from acceptance for carriage until delivery, or by exceeding the delivery...
by Editor | Mar 30, 2023 | Carriage by Sea, Summaries of Cases
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The Netherlands – carriage by sea: Gencon 1994 charterparty, damage to cargo carried on board of the vessel, who is responsible and liable? The Amsterdam Court of Appeal rendered a judgment on 24...
by Editor | Jan 25, 2023 | Carriage by Sea, Summaries of Cases
John Habergham, Myton Law, Hull U.K. This case will probably (for which see the final paragraph below) lead to a sea change in English law with regard to limitation under the Hague-Visby Rules where there may be some minor physical damage to cargo, but there is a far...