E-News for February 28, 2008
Forwarderlaw E-news for February 2008
And the Winner is: The Hamburg Limits!
UNCITRAL has promoted the limits set out in the Hamburg convention since its ratification almost 30 years ago. Now, with the draft Convention nearing finalization, it looks as if the Hamburg limits have had great longevity than the convention after which they are named. For commentary by Editor Emeritus Peter Jones, click here:
http://www.forwarderlaw.com/library/view.php?article_id=483
For brief commentary by General Editor Gavin Magrath, as well as a link to the Working Group report, click here:
http://www.forwarderlaw.com/library/view.php?article_id=486
Enforcement of Waybill limitations in Brazil
Kenneth Nankin of Nankin and Verma PLC comments on the case of Eli Lilly Do Brasil, Ltda v. Federal Express Corp. (2d Cir. N.Y. Sept. 11, 2007), in which the Court enforced contractual limits on liability, contrary to a Brazilian case reported previously here on Forwarderlaw. For the full article (and link to the prior commentary) click here:
http://www.forwarderlaw.com/library/view.php?article_id=487
Proper Completion of Bills of Lading involving Transhipment
Contributor Vlad Cioarec comments on proper notation on bills for shipments involving transhipment, and discusses the case of Sabo SA v United Arab Shipping Co [2005] as an example of how things can go wrong. For the full article click here:
http://www.forwarderlaw.com/library/view.php?article_id=479
Cleanup Costs: San Pedro Bay Clean Air Action Plan Sets Off a Dirty Dispute
Environmentally active California is tightening environmental regulations in San Pedro Bay (home of the LA and Long Beach terminals and also, reputedly, some of the worst air quality in America). US Editor Steve Block comments on the practical and legal implications of the recent plan. For the full article click here:
http://www.forwarderlaw.com/library/view.php?article_id=481
Perils of the Sea: When Carriers can be Responsible for Bad Weather
Steve Block also comments on the recent Fifth Circuit decision in Corus UK v Waterman Steamship, in which the “perils of the sea” defence was explored. For more on the varied meanings of the phrase and prognostications on its future in marine liability, click here:
http://www.forwarderlaw.com/library/view.php?article_id=484
Anti-Suit injunctions Redux
Several prior commentaries have discussed the merits and failings of the Anti-Suit injunction, and the anti-anti-suit injunction, and the many derivatives thereof. Editor Emeritus Peter Jones ties the threads together in this article on this very useful legal tool:
http://www.forwarderlaw.com/library/view.php?article_id=480
Marine Insurance Primer
Our UK Editor Paul Bugden has provided a primer on Marine Insurance for those involved in the industry who are often uncomfortable with insurance policies. The first three parts were posted along with our last news; the final three parts are available here:
http://www.forwarderlaw.com/library/view.php?article_id=488
http://www.forwarderlaw.com/library/view.php?article_id=489
http://www.forwarderlaw.com/library/view.php?article_id=490
General
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