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China – Release of Cargo without Production of the Original Bill of Lading in Brazil – a Successful Defence

China – Release of Cargo without Production of the Original Bill of Lading in Brazil – a Successful Defence

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...
Court Rejects Request to Delay Release of Cargo without Original BLs

Court Rejects Request to Delay Release of Cargo without Original BLs

by Editor | Feb 28, 2019 | Case Summaries, Transport Documents

Adv. Gill Nadel,  Adv. Dave Zeitoun, Adv. Shirly Strezhevsky, Goldfarb Seligman, Israel Background: In the following article we will review the ruling of the Haifa Magistrate Court regarding F.A.Y. Com Ltd.’s request to delay the release of marine cargo which...
LPL v Onego Shipping “the Pietro Benedetti”

LPL v Onego Shipping “the Pietro Benedetti”

by Editor | Apr 18, 2018 | Carriage by Sea, Case Summaries, Transport Documents

Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: LPL Projects Logistics Spain S.L. and TransGroup Worldwide Logistics v. Onego Shipping & Chartering B.V. – the “Pietro Benedetti” Transformer shipped from Bilbao (Spain) to Houston (Texas)...
Court Orders Cargo Released Without Original BL Against Deposit

Court Orders Cargo Released Without Original BL Against Deposit

by Editor | Mar 12, 2018 | Case Summaries, Transport Documents

Gill Nadel, Dave Zeitoun, Shirly Strezhevsky, Goldfarb Seligman, Israel Case Facts & Arguments: A dispute arose between food importers and marine carriers during the release of food shipments which reached their destinations at the ports of Haifa and Ashdod. The...
A precedent ruling by the Israeli Supreme Court in Jerusalem in respect of “Himalaya clause”

A precedent ruling by the Israeli Supreme Court in Jerusalem in respect of “Himalaya clause”

by Editor | Feb 15, 2018 | Case Summaries, Transport Documents

Roy Gilad, Grossman, Cordova, Gilad & Co, Israel In January 25th, 2018 a precedent decision was rendered by the Israeli Supreme Court, according to which a foreign jurisdiction clause in a bill of lading applied also to a third party that was not a party to the...
The elephant in the room – a cautionary tale for freight forwarders

The elephant in the room – a cautionary tale for freight forwarders

by Editor | Oct 20, 2017 | Case Summaries, Transport Documents

Frazer Hunt and Henry Holland, Mills Oakley, Australia The District Court of New South Wales has ruled that a freight forwarder engaged in misleading or deceptive conduct by issuing house bills of lading with all the hallmarks of negotiable bills of lading where the...
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