Feature Commentaries
April 29, 2008
LEI v Canada Garlic - Securing Payment With STCs
Standard Trading Conditions ("STC's") reduce transaction costs between a forwarder and its customer. STC's limit negotiations to essential terms that are particular to the shipment, such as... April 22, 2008
AHP v DHL et al
AHP Manufacturing B.V. (trading as Wyeth Medica Ireland) –v- DHL Worldwide Network N.V., DHL Worldwide Express G.M.B.H. and DHL International (Ireland) Limited (Irish Supreme Court).
Although... April 17, 2008
The law of election as applicable to claims handling procedures
Election arises where a party is required to make a choice as to which of two inconsistent rights he exercises. It is irrevocable and unlike waiver it does not require the other party to act to its de... April 14, 2008
Freeze!
The question of causality is not governed by the CMR. The Regional Court of Berlin had to decide a case of a theft of temperature sensitive goods.
The Facts
Cargo insurers of a German exporter of m... April 9, 2008
Is Cargo Handling and Storage at Port Terminal Part of Subsequent Sea Carriage?
[Ed. Note: the following article was originally published through the International Law Office newsletter, and is republished with grateful acknowledgements to the author. http://www.internationallawo... April 4, 2008
The Spanish Supreme Court Strikes Back Against Ship Agents
The Spanish Supreme Court Strikes Back Against Ship Agents
The Civil Section of the Spanish Supreme Court has gathered in a plenary session in order to decide whether ship agents shall respond for... March 31, 2008
Decision of the Irish Financial Regulator on the Insurance Mediation Directive
As a result of extensive correspondence between the Irish International Freight Association (“IIFA”), the European Union and the Irish Financial Regulator, the Irish Financial Regulator ha... March 31, 2008
Condensation Damage - Ship Sweat and Cargo Sweat
Condensation damage – ship sweat and cargo sweat.
Condensation is a problem with any cargo susceptible to damage or deterioration through damp and is typically evidenced by rust or mould grow... March 24, 2008
Carrier’s Liability for Containers: NDAL v Premium Tobacco
LJN: BA5799, The Supreme Court of the Netherlands, C06/082HR
The Supreme Court, 1 February 2008
The parties:
1. Nile Dutch Africa Lijn B.V., abbreviated as "NDAL"
2. Staklex Shipping... March 19, 2008
Ocean’s End?
If under multimodal contracts of carriage goods are damaged during transport it is of importance to prove where the damage occurred to determine which limitations of liability apply to the case. The G... March 14, 2008
Recent Irish Decision on Arrest of Vessel – Stay of Proceedings in favour of arbitration clause – the M.V. “Sonata”
The M.V. Sonata was arrested by order of the Admiralty Division of the High Court in Ireland on 29th of January 2007. The Plaintiffs, Common Market Fertilizers S.A. and Grassland Fertilizers (Kilkenny... March 12, 2008
The Hague Visby Rules Article IV.2 - Inherent Vice and Related Defences
The defences available to the carrier under Article IV.2 of the Hague Visby Rules have attracted much judicial consideration over the years and as well as a good deal of commentary from practicing law...
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