by Editor | Sep 23, 2021 | Carriage by Sea, Jurisdiction + Forum, Summaries of Cases
Limitation Conventions and Forum Non Conveniens – Strategically Navigating Different Regimes for Maritime Claims Frazer Hunt, Partner, Maurice Lynch, Special Counsel and Diana Lee, Law Graduate, Mills Oakley, Australia When a shipowner is sued for personal...
by Editor | Mar 14, 2021 | Commercial Issues, Jurisdiction + Forum, Summaries of Cases
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 | 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...
by Editor | Oct 2, 2020 | Commercial Issues, Jurisdiction + Forum, Summaries of Cases
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 | Jun 17, 2020 | Jurisdiction + Forum, Summaries of Cases
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: Rotterdam District Court, judgment of 22 January 2020 1.CMR case. Jurisdiction. Arbitration clause in article 23 Dutch Forwarding Conditions (‘Fenex Conditions’) Article 1022 DCCP. Article 1021...
by Editor | Dec 30, 2019 | Commercial Issues, Jurisdiction + Forum, National Issues
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada A recent Supreme Court of Canada decision in respect of a claim by a shipping company against a supplier of marine engine parts turned on the question of whether or not Canadian Maritime Law or...
