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CMR – Carriage or Freight Forwarding?

CMR – Carriage or Freight Forwarding?

by Editor | Oct 4, 2023 | Case Summaries, Commercial Issues, International Conventions, Principal + Agent

Charlotte Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: Judgment of the Zeeland – West-Brabant District Court dated 14 December 2022 in the proceedings between Achmea Schadeverzekeringen N.V., plaintiff and  Bleckmann Nederland B.V., defendant sub 1...
‘Secret Commissions’ and fiduciary duties of agents

‘Secret Commissions’ and fiduciary duties of agents

by Editor | Feb 25, 2019 | Case Summaries, Principal + Agent

Paul Bugden, Bugden + Co., London Ref: Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd [2019] EWCA Civ 83. In modern trade practice freight forwarders, as is well known, often assume by the express or implied terms of their contract with their...
The Right of Action of the Freight Forwarder under Belgian law

The Right of Action of the Freight Forwarder under Belgian law

by Editor | Jan 29, 2019 | Case Summaries, Commercial Issues, Principal + Agent

Adry Poelmans, Van Doosselaere Avocaten, Belgium In Belgian jurisprudence, controversy has arisen recently as to the question whether a forwarding agent is “presumed” and also “entitled” to initiate, continue and maintain legal proceedings, or halt them if he has not...
Is a Freight Forwarder responsible for late arrival of goods?

Is a Freight Forwarder responsible for late arrival of goods?

by Editor | Apr 23, 2018 | Case Summaries, Principal + Agent

Roy Gilad, Grossman, Cordova, Gilad & Co, Israel On March 14, 2018, the Magistrate Court in the city of Be’er Sheva in Israel gave a ruling on the question of whether a freight forwarder is responsible for alleged damage sustained by an importer as a result of a...

Forwarding Agent or Carrier? Types of Forwarding Contracts (II)

by Editor | May 30, 2016 | Principal + Agent

Paul Bugden, Bugden + Co., London For part I of this article click here.  Standard forwarding terms If the parties have not expressly agreed whether the forwarder contracts to carry as principal or as agent to arrange, then it is suggested that in many cases it is...

Forwarding Agent or Carrier? Types of Forwarding Contracts (I)

by Editor | May 29, 2016 | Principal + Agent

Paul Bugden, Bugden + Co., London A notable feature in the international movement of good is the widespread adoption in various guises of ‘agent to arrange’ roles by the contractor for fulfilment for at least some part of the physical...
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