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General Editor: Gavin Magrath, Canada.
Recent Articles
FMC issues final rule on Detention and Demurrage
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....
Armstead v RSA – recovering economic losses
Paul Bugden, Bugden + Co., London Ref: Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6 This extremely important recent decision of the UK Supreme Court case raised, amongst other issues, some fundamental questions in applying the tort of...
Mediation and Right to Trial
John Habergham, Myton Law, Hull U.K. It had been said in the past that it was a party’s constitutional right to be heard at trial to resolve a dispute. No longer. The right to trial was the thrust of one the hitherto leading authorities as to whether ADR or mediation...
If Not Now, When? Cyber Breaches in the Australian Maritime Sector
Maurice Lynch and Jason Symons, Mills Oakley, Australia Australia is amid a tumultuous period of cyber upheaval. Last weekend, another large Australian business was exposed to a cyber-attack. Australian businesses must now be thinking “If not now, when?” The attack...
Sun Sets on Hamburg Rules in Canada
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...
CMR – Interruption of Limitation Period
Charlotte Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: Judgment of the Gelderland District Court dated 28 June 2023 in the proceedings between HDM N.V., plaintiff in the main action, defendant in the counterclaim proceedings and Addink Distributie...
The Arbitration Act 1996 – The Law Commission’s Final Report
John Habergham, Myton Law, Hull U.K. As I prefaced in earlier articles (here and here), The Law Commission has been scrutinising the Arbitration Act 1996 and has now issued its final report after a couple of consultation rounds. As I intimated in my earlier articles,...
CMR – Carriage or Freight Forwarding?
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...
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