Feature Commentaries
February 19, 2010
Judicial relief from mistake? – You be the judge (Part A)
OT Africa Line (OTAL) was in a jam. Its shipper, Vickers, has consigned four armoured tanks from England to Nigeria. What OTAL didn’t know was that inside the tanks were submachine guns and othe... February 4, 2010
The battle of the forms! - Takdata v.Amphenol - You be the Judge (Part B)
The terms of a contract are determined by the presumed common intention of the parties. Even if this common intention may be hard to find in the confusion of numerous communications, courts generally... January 27, 2010
The Pitfalls in the Shipping of ON DECK Cargo
Remember: in a dispute about deck carriage the forwarder is often in the middle, the target of the seller, the buyer and the carrier. The recent English case of Geofizika DD v MMB International Limite... January 21, 2010
Whitesea v. El Paso Rio Clara
Owners of a vessel issued bills of lading for cargo loaded in Brazil for discharge in the United States and the Dominican Republic. The bills of lading contained a Himalaya Clause, a paramount clause... January 14, 2010
CSA 2010: FMCSA revamps its motor carrier safety assessment guidelines
In keeping with the evolving technologies, business practices and volumes modern transportation has presented over the past decade, the Federal Motor Carrier Safety Administration of the U.S. Departme... January 7, 2010
Art. 32 CMR: A Blow to the “Dutch Trick”
The Dutch jurisdiction has a dubious popularity among CMR carriers confronted with attempts from cargo’s side to break through CMR limitations when damage is allegedly caused by wilful misconduc... December 18, 2009
China civil aviation laws show good promise
As is the case with maritime law, the substantial content of the relevant international conventions are incorporated into China's Civil Aviation Law, including the carrier’s liability limitation... December 16, 2009
The Battle of the Forms! - Takdata v Amphenol - You be the Judge (Part A)
In a recent English case, the claimant, Takdata, issued a purchase order to the Defendant Amphenol for electrical connectors that Takdata would incorporate into electrical harnesses for Rolls Royce ae... December 14, 2009
The Rotterdam Rules: The long voyage of international efforts to modernize ocean shipping liability
Modernization of ocean shipping liability has been the subject of so much analysis, conjecture, lobbying, posturing and contention over the past 20 years that it’s almost difficult to present de... December 7, 2009
Freight Forwarders are "Local Undertakings" - Supreme Court of Canada
On 26 November the Supreme Court handed down its judgment in the case of Consolidated Fastfrate v Teamsters. Fastfrate offered local distribution services in a number of Canadian cities, but where fre... December 4, 2009
DHS pushes back 100% cargo screening
Industry sources are saying that the US Department of Homeland Security will extend a blanket two-year extension on rules intended to provide for 100% screening of containers destined for the U.S. by... December 1, 2009
Nigeria Begins Mandatory Registration of Forwarders
The Council for the Regulation of Freight Forwarding in Nigeria (CRFFN), established by CRFFN Act 16 of April 2007 and headquartered in Lagos, intends to begin mandatory registration for all freight f...
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