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...
by Editor | Oct 29, 2020 | Carriage by Sea, Case Summaries, Commercial Issues
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 | Case Summaries, Commercial Issues, Jurisdiction + Forum
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...
