Summaries of Cases | ForwarderLaw

Spanish Supreme Court enforces Hague Visby Time Bar

by Editor | May 18, 2023 | Carriage by Sea, International Conventions, Summaries of Cases

Felipe Arizon, Arizon Abogados SLP, Spain Ref: Supreme Court Judgment of 14 September 2021. The Supreme Court refuses the cassation appeal presented by the subrogated cargo insurers against the Company that carried out the lashing of the goods into the containers. In...

Ontario Court of Appeal upholds jurisdiction in international insurance contracts

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...

Netherlands – road transport: parachute jumping, Article 8:363 Dutch Civil Code

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...

The Netherlands – CMR Art 23 + 32: limitation and time-bar

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:...

Carrier’s liability for loss of cargo in case of violation of shipper’s instructions in GTC

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...

Liability for Cargo Damage under GenCon 1994

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...