by Editor | May 21, 2019 | Carriage by Sea, Commercial Issues
As Stan Rogers might have said, it’s been six long months since she sailed away, but she just made Halifax yesterday. Hapag-Lloyd’s Yantian Express sailed from Columbo, Sri Lanka, in December 2018, but in January the ship was struck by fire while at sea on 2 January...
by Editor | May 14, 2019 | Carriage by Sea, Commercial Issues
In April 2019 the FIATA Working Group Sea Transport published a guide outlining problems and best practices in “Container Shipping and Quality of Containers“. This follows on their guide for best practices in respect of demurrage and detention on...
by Editor | May 13, 2019 | Carriage by Sea, Case Summaries, Transport Documents
Ik Wei Chong, Clyde + Co, Shanghai A “weight and quantity unknown clause” in the Bill of Lading for container cargo is rather common in the marine industry but its effectiveness under Chinese law is always a highly arguable issue. Previous practice shows...
by Editor | May 7, 2019 | Carriage by Sea, Case Summaries
Maurice Lynch, Mills Oakley, Australia The recent decision of the Supreme Court of the United Kingdom in Volcafe Ltd v Compania Sud Americana De Vapores SA [2018] UKSC 61, is the first authoritative analysis on burden of proof in the Hague Visby Rules. The Court held...
by Editor | Apr 25, 2019 | Carriage by Sea, Case Summaries, Transport Documents
Christian Liu and Ik Wei Chong, Clyde + Co, Shanghai Under the Chinese Maritime Code, a carrier is strictly obliged to deliver cargo against the production of the original Bill of Lading, and it is, therefore, usually very difficult to defend a claim lodged by the...
by Editor | Jan 18, 2019 | Carriage by Sea, Case Summaries, Environment
Ref: Spanish Supreme Court decision dated 18th July 2018 Shipping transport and related activities have an impact on the environment, like many other industries, and may give rise to claims in tort by third parties adversely affected by the vessel’s operation. In a...