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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...
Contractual Choice of Law in Quickie Convenience

Contractual Choice of Law in Quickie Convenience

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...
Caught in the Middle: Storage and Demurrage Charges

Caught in the Middle: Storage and Demurrage Charges

by Editor | Sep 29, 2020 | Commercial Issues

Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada In spite of global supply chain interruptions caused by COVID-19, carriers and terminals have largely continued to impose tariff charges for storage, detention, and demurrage of containers. While...
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