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Recourse and subrogation in Ukraine

Recourse and subrogation in Ukraine

by Editor | Feb 4, 2021 | Commercial Issues, National Issues

Irina Maltseva, Interlegal, Ukraine [Editor’s Note: Interlegal is offering a free webinar on this subject, more information here.] Cargo or carrier’s liability insurance is a concept actively practiced in Ukraine for a long time. However, we cannot be sure that...
No Contract, No Demurrage!

No Contract, No Demurrage!

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...
Forwarders beware – do you really know your choice of law and jurisdiction?

Forwarders beware – do you really know your choice of law and jurisdiction?

by Editor | Jan 28, 2021 | Commercial Issues, Jurisdiction + Forum

John Habergham, Myton Law, Hull U.K. Fellow members may well have an experience of clients who have become embroiled in disputes involving significant sums for container detention and demurrage and which has arisen out of the change in attitudes, globally, to traffic...
Chinese Winds Turn in Favour of Cargo Claimants Against Port Operators

Chinese Winds Turn in Favour of Cargo Claimants Against Port Operators

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...
Effect of Arbitration Clause on 3rd Party Assignee

Effect of Arbitration Clause on 3rd Party Assignee

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...
FMC Call for Submissions on Carrier Merchant Clauses

FMC Call for Submissions on Carrier Merchant Clauses

by Editor | Oct 13, 2020 | Carriage by Sea, Commercial Issues, National Issues

The US Federal maritime Commission (FMC) announced a Notice of Inquiry (NOI) earlier this month seeking public comment on the practices of vessel operating carriers relating to the definition of “Merchant”. More specifically, the FMC seeks comments from...
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