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...
by Editor | Aug 18, 2019 | Commercial Issues, Conflict of laws, Jurisdiction + Forum
John Habergham, Myton Law, Hull U.K. This will provide for the enforcement of mediated settlement agreements across country borders. It is being seen as the counterpart to the New York Arbitration Convention. Aims Whilst in practice, non-compliance rates are low...
