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Schenker Limited v Negocios Europa Ltd

Schenker Limited v Negocios Europa Ltd

by Editor | Nov 24, 2017 | Carriage by Air, Case Summaries

John Habergham, Myton Law, Hull U.K. This case plugs a gap in case law with regard to the common law rule against set off from freight. This rule is of some antiquity for carriage by sea and was extended to international carriage by road by RH&D International...
Mediterranean Shipping Company confirms in Valencia the strength of bill of lading jurisdiction clauses

Mediterranean Shipping Company confirms in Valencia the strength of bill of lading jurisdiction clauses

by Editor | Nov 10, 2017 | Case Summaries, Jurisdiction + Forum

Felipe Arizon, Arizon Abogados SLP, Spain It is no secret that Spain is a major cargo interest country where insurance recoveries against carriers account for the largest part of the maritime legal practice. The entry into force of the Spanish Shipping Act (SSA)...
International Container Shipping – A Frame Agreement and Volume Incentive Discounts

International Container Shipping – A Frame Agreement and Volume Incentive Discounts

by Editor | Nov 3, 2017 | Case Summaries, Commercial Issues

Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The Rotterdam District Court has handed down a judgment in Overseas Shippers Association Ltd/MOL (Europe) B.V.[1] in connection with disputes that have arisen under a Frame Agreement enabling members of...
Loss of goods due to misloading at multimodal transport  

Loss of goods due to misloading at multimodal transport  

by Editor | Oct 25, 2017 | Case Summaries

By Stefanie Landauer and Dr. Marco Remiorz, Dabelstein & Passehl, Germany Facts Claimant is the transport insurer of cargo interests, the Respondent is a freight forwarding company which has been instructed by the damaged party to deliver goods (that have been...
The elephant in the room – a cautionary tale for freight forwarders

The elephant in the room – a cautionary tale for freight forwarders

by Editor | Oct 20, 2017 | Case Summaries, Transport Documents

Frazer Hunt and Henry Holland, Mills Oakley, Australia The District Court of New South Wales has ruled that a freight forwarder engaged in misleading or deceptive conduct by issuing house bills of lading with all the hallmarks of negotiable bills of lading where the...
Punitive damages in contract and tort – The position in Singapore

Punitive damages in contract and tort – The position in Singapore

by Editor | Sep 27, 2017 | Case Summaries

Ik Wei Chong, Clyde + Co, Shanghai In a recent case in Singapore, the Court of Appeal examined whether punitive damages may be awarded for a pure contractual breach. Facts PH Hydraulics & Engineering Pte Ltd (PH) designs, manufactures, and supplies heavy offshore...
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