by Editor | Jun 28, 2021 | Case Summaries, Commercial Issues
Pauline Davies, Fee Langstone, New Zealand The law has long recognised that where an insurer has indemnified an insured for loss caused by a third party, the insurer can sue the third party in the insured’s name to recover the amount paid. However, two recent English...
by Editor | Apr 22, 2021 | Case Summaries, Commercial Issues
Mykola Kozachenko, lawyer, and Kyrylo Sudnyk, junior lawyer, Interlegal Ukraine Chartering is an important concept of the global maritime trade sector and it consists of different types. One of the forms of carrying out a maritime business is a time charter. Under a...
by Editor | Mar 14, 2021 | Case Summaries, Commercial Issues, Jurisdiction + Forum
Aage Krogh, IUNO, Denmark In a case between a cargo owner’s cargo insurance and a carrier, a dispute regarding the jurisdiction arose. The cargo insurance alleged that the Danish courts had jurisdiction. This followed from the general conditions of the cargo owner’s...
by Editor | Mar 7, 2021 | Carriage by Road, Case Summaries
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, Case Summaries, Commercial Issues
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 | Case Summaries, Commercial Issues, National Issues
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...
