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...
by Editor | Aug 25, 2020 | Carriage by Road, Case Summaries
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...
by Editor | Aug 17, 2020 | Carriage by Rail, Case Summaries, Transport Documents
Ik Wei Chong + Christian Liu, Clyde + Co, Shanghai On 30 June 2020, the Liangjiang New District People’s Court, Chongqing (“the Court”) handed down a judgment following legal proceedings over the ownership of goods filed by the holder of a Rail Bill...
