by Editor | Mar 7, 2021 | Carriage by Road, Summaries of Cases
Henrik Thal Jantzen, Hafnia Law, Denmark In three recent judgements – the first one being delivered in August 2019 and the last one being delivered in April 2020 – the Danish Maritime and Commercial Court have addressed the question of gross negligence in accordance...
by Editor | Jan 29, 2021 | Carriage by Rail, Commercial Issues, Summaries of Cases
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada The Ontario Court of Appeal recently considered whether a rail carrier is entitled to charge a shipper demurrage pursuant to its tariff in the absence of any contract for carriage or services...
by Editor | Jan 18, 2021 | Commercial Issues, National Issues, Summaries of Cases
Ik Wei Chong, Christian Liu, Albert Huang, Clyde + Co, Shanghai Does a sudden strong wind in a port area constitute a force majeure event under Chinese shipping law? A recent judgment may provide helpful guidance on this issue. Traditionally, under established...
by Editor | Oct 29, 2020 | Carriage by Sea, Commercial Issues, Summaries of Cases
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: In MV ‘KOUTALIANOS’, EDIOLA SHIPPING LTD. vs CEFETRA B.V., Rotterdam District Court, 9 September 2020 The case concerns the carriage of soybean meal pellets by Ediola from Brazil to Europe on board...
by Editor | Oct 2, 2020 | Commercial Issues, Jurisdiction + Forum, Summaries of Cases
The Ontario Court of Appeal recently addressed an interprovincial commercial dispute in which contractual choices of law and forum played a central role, overturning the decision of the Superior Court and granting the appellant relief. Ref: Quickie Convenience Stores...
by Editor | Aug 25, 2020 | Carriage by Road, Summaries of Cases
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The court of Amsterdam recently held that the word ‘damage’ in art. 17 paragraph 1of the CMR presumes substantial physical change to the state of the goods and ruled out, in this case, that...