E-News for December 18, 2009

Below please find summaries of e-news articles posted during 2009. As always, these and all past articles are available in our searchable, on-line database at www.forwarderlaw.com. From all of us at Forwarderlaw to our readers around the world, we wish you all a safe and happy holidays and a prosperous 2010.

You Be the Judge!

In a recent case involving a ‘battle of forms’, two parties to an agreement each tried to enforce the terms and conditions on the reverse of their standard documents. At trial, the Judge held that one set of terms had been incorporated into the contract, and rejected the other. Was it the right decision? Read the commentary by Editor Emeritus Peter Jones, and click the email links provided to register your vote! Results will be published in our January e-news.
http://www.forwarderlaw.com/library/view.php?article_id=592

Supreme Court of Canada: Freight forwarders are “Local Undertakings”

In a much-anticipated decision, the Supreme Court of Canada has issued its decision in Teamsters v International Fastfrate. While the case hinged on the fight for certification of a union to represent multiple Fastfrate locations in various provinces, the key legal issue was whether or not a forwarder who contracts for carriage outside of its Province but operates only locally is a local undertaking subject to Provincial laws, or whether it becomes inter-provincial merely through contracting, but not providing, interprovincial services. General Editor Gavin Magrath provides a synopsis here:
http://www.forwarderlaw.com/library/view.php?article_id=590

Rotterdam Rules: The Long Voyage

Much has been said and written on the future of the Rotterdam Rules; US West Coast Editor Steve Block reviews the Convention and its key provisions from the US perspective:
http://www.forwarderlaw.com/library/view.php?article_id=591

Department of Homeland Security Delays 100% Screening target

After the GAO reported on the difficulties in meeting the 100% target for screening of containers – intended to be in effect for 2012 – the DHS has extended the timeline for implementation a further two years.
http://www.forwarderlaw.com/library/view.php?article_id=589

China’s Civil Aviation Laws show Good Promise

While China has adopted most international conventions governing air carriage, these Rules have not been as widely adopted or universally applied as the international rules governing carriage by sea. Nonetheless, things are improving and there is reason for optimism according to George Wang, Forwarderlaw editor for China . For his full article click here:
http://www.forwarderlaw.com/library/view.php?article_id=593

Nigeria begins mandatory registration of Forwarders

The Council for the Regulation of Freight Forwarding in Nigeria (CRFFN), created barely a year ago, will create a public registry and require all freight forwarders to adhere to a Code of Conduct.
http://www.forwarderlaw.com/library/view.php?article_id=588

General

Previous e-news summaries and all past articles are available and searchable on-line at
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