by Editor | Aug 29, 2024 | Carriage by Road, Carriage by Sea, International Conventions, Jurisdiction + Forum, Summaries of Cases
Charlotte Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Vienna Sales Convention- applicability of general terms and conditions; failure to comply with duty to investigate (Art. 38) and Duty to Complain (Art 39) Ref: Judgment of the Den Bosch Court of...
by Editor | Feb 29, 2024 | Carriage by Sea, Commercial Issues, Multimodal, National Issues
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada The US Federal Maritime Commission (FMC) has issued its final rule on carrier detention and demurrage practices under the Ocean Shipping Reform Act 2022....
by Editor | Oct 30, 2023 | Carriage by Sea, International Conventions, National Issues
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Bill C-47, the budget implementation omnibus Act, received royal assent on 22 June 2023 and came into force on 20 September. Subdivision A of Division 21 of Part 4 amends the Marine Liability...
by Editor | Sep 21, 2023 | Carriage by Sea, International Conventions, Summaries of Cases
John Habergham, Myton Law, Hull U.K. This case is about tonnage limitation under the 1976 Convention of Limitation of Liability for Maritime Claims. MSC was the time charterer of the vessel MSC Flamina and was the appellant from an order of the Admiralty Judge that it...
by Editor | Jul 11, 2023 | Carriage by Sea, Summaries of Cases
John Habergham, Myton Law, Hull U.K. The Court of Appeal has held that the one-year limitation period under Hague-Visby Rules applies to misdelivery after discharge The claimant, FIMBank, had taken a pledge over the bills of lading and cargo as security. It stood in...
by Editor | May 18, 2023 | Carriage by Sea, International Conventions, Summaries of Cases
Felipe Arizon, Arizon Abogados SLP, Spain Ref: Supreme Court Judgment of 14 September 2021. The Supreme Court refuses the cassation appeal presented by the subrogated cargo insurers against the Company that carried out the lashing of the goods into the containers. In...
