E-News for December 19, 2006

E-News for December 19th, 2006

Forwarder’s Trading Conditions Upheld

Peter Jones reports on a recent Quebec case in which a forwarder sued a customer who had refused to pay for goods that had been delayed by back-ups at the Port of Vancouver. The court referred to the Standard Trading Conditions of CIFFA, the Canadian International Freight Forwarders’ Association, which were incorporated by reference on the forwarder’s quote sheets. Relying on conditions relating to delay, guarantee, and the forwarder’s role as agent, the Court found in favour of the plaintiff for the full amount. For the full article click here:
http://www.forwarderlaw.com/library/view.php?article_id=408

EU Ends Anti-Trust Immunity For Carriers

Steve Block reports that, effective October 2008, carriers who call on the ports of EU member states may not do so pursuant to contracts or tariffs the pricing of which is orchestrated by collective rate setting. The expectation is that this will result in lower freight rates prompted by increased competition between carriers as a result of market-driven forces, and enhanced transportation services resulting from carriers vying for shippers in a stronger bargaining position. Can the U.S. be far behind? For the full article click here:
http://www.forwarderlaw.com/library/view.php?article_id=409

Clauses Excluding Liability for Carrier Misdelivery

Although the ICC frowns on the practice, some carriers still include provisions in their Bills of Lading relieving them from liability misdelivery. Such agreements are technically valid under the Hague-Visby rules as the rules only prevent the carrier from reducing their liabilities between loading and discharge. Two recent Hong Kong cases have reached opposite conclusions on the effect of these clauses. For the full article click here:
http://www.forwarderlaw.com/library/view.php?article_id=411

Drafters Beware!

Peter Jones reports on a recent Ontario case (Noble v. Carnival Corporation) that demonstrates how some words lose their clarity when applied to unusual circumstances involving hardship to a claimant. Readers are reminded that Latin is not quite dead, and the principle of contra preferentum means that ambiguous provisions require interpretation, Courts will prefer the interpretation that goes against the party that drafted the agreement. For the full article click here:
http://www.forwarderlaw.com/library/view.php?article_id=413

It’s The Little Things

Steve Block reports on a dispute between a trucker and a steamship line over a $178.72 repair bill for a damaged container that may dramatically change the dealings between ocean and motor carriers. The question of whether or not large ocean lines are at liberty to wield their market power to the detriment of other players makes the case much larger than its invoice value.
http://www.forwarderlaw.com/library/view.php?article_id=414

Update on the Draft UNCITRAL Convention

General Editor Peter Jones provides an update on the evolution of the draft Convention, expressing the concern that the tremendous scope of the project may have the paradoxical effect of reducing uniformity in international transport laws. For the full article click here:
http://www.forwarderlaw.com/library/view.php?article_id=407

What forwarders and carriers should know about the UCP 600

Contributor Vlad Cioarec reports on the revised rules for documentary credits that will come into effect on 1 July 2007. For the full article click here:
http://www.forwarderlaw.com/library/view.php?article_id=410

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