by Editor | Mar 7, 2017 | Jurisdiction + Forum, Summaries of Cases
Gavin Magrath, Magrath’s International Legal Counsel The Ontario Court of Appeal recently confirmed that parties who enter into contractual arrangements that include a forum selection clause must show strong cause why they should not be enforced if suit is...
by Editor | Feb 5, 2017 | Carriage by Sea, Summaries of Cases
Aage Krogh, IUNO Denmark A shipping company and a freight forwarder agreed to settle a claim concerning nacelles which had been damaged during transportation, the freight forwarder paying 95.000 USD to the shipping company. The Maritime and Commercial High Court ruled...
by Editor | Nov 30, 2016 | Summaries of Cases
Gill Nadel + Ohad Krief, Goldfarb Seligman, Israel Background: Importers utilize the services of various logistics entities in the cargo transportation process, including international forwarders, shipping companies, air carriers, custom brokers, logistic warehouses...
by Editor | Nov 29, 2016 | Commercial Issues, Summaries of Cases
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Facts: The plaintiff, a US bank, had lent an American individual (McMahon) USD$146,390 for the purchase of the “Never E Nuff” , a 38-foot pleasure craft, and had registered the mortgage with the US...
by Editor | Nov 13, 2016 | Commercial Issues, Summaries of Cases
Shmuel Grossman, Grossman, Cordova, Gilad & Co, Israel A ruling given a number of days ago in the Israeli Supreme Court, demonstrates how the legislation governing the requirements to pay customs duty is to be interpreted. This relates to a dispute between a...
by Editor | Nov 7, 2016 | Summaries of Cases
George Wang, Dentons Beijing The practices of cargo forwarding businesses are always contentious, especially in Chinese jurisdiction, where the industry is governed by several statutory laws and regulations. Every party involved should be scrupulous when doing the...