Commercial Issues

July 28, 2010
Paul Bugden forms Bugden & Co

June 22, 2010
Practice of Martime Business Conference (Odessa)

June 14, 2010
Reading This Article May Save Your Soul!

May 25, 2010
US Supreme Court Refuses to Hear Rule B Attachment Case.

April 17, 2010
Loading, Stowing and Discharging

April 8, 2010
6th Annual Maritime Business Conference - Odessa, Ukraine

February 4, 2010
The battle of the forms! - Takdata v.Amphenol - You be the Judge (Part B)

December 4, 2009
DHS pushes back 100% cargo screening

November 23, 2009
London Maritime Arbitrators Association Conference 2010

November 13, 2009
Intercontainer Interfrigo SC (ICF) v Balkenende Oosthuizen BV and MIC Operations BV

October 21, 2009
Rule B - The Bubble Burst

October 2, 2009
International Law Offices Co-host Successful St. Petertsdburg Seminars

October 1, 2009
New Website for Grossman Singer Gilad

September 15, 2009
Legal Issues Arising out of Claims for Delay

July 8, 2009
Canadian Air Cargo Carriers Plead Guilty to Price-Fixing

June 1, 2009
Maintenance and cure: collectible under penalty of punitive damages (Jones Act notwithstanding)

May 7, 2009
Air Freight Cartel - where does the civil litigation stand now?

May 1, 2009
Carmack governs ocean carrier’s liability: U.S. surface carriage liability law hits the high seas

April 9, 2009
Rule B - Latest Developments

April 1, 2009
By Land or By Sea . . . A Comparison of the Fundamentals of the Carmack and COGSA Liability Regimes

March 30, 2009
What are you letting yourself in for as shipper?

March 11, 2009
Commercial Names, Brands, and Court Evidence

February 13, 2009
Calculation of Damages Pt 2: UNCITRAL

February 6, 2009
Hardship clauses for hard times

January 19, 2009
The Scope of Federal Jurisdiction: Consolidated Fastfrate v Teamsters

December 12, 2008
Piracy, Ransom, and General Average Risk

December 10, 2008
Leave the Home Fires Burning!

December 1, 2008
Comparative Fault: How U.S. maritime law carves out liability apportionments

November 1, 2008
Son of the Sompo Japan Slip-Up: Second Circuit holds COGSA governs ocean carrier and NVOCC liability for inland loss.

October 1, 2008
Offset: Carmack doesn’t preclude shippers from deducting lost cargo value from outstanding freight charges.

September 23, 2008
The New Zealand Emissions Trading Scheme And Its Potential Impact On The New Zealand Transport Industry

September 2, 2008
A Legal guide to Project Forwarding

September 1, 2008
Exclusively economic damages are not recoverable in maritime tort, but they may be under state law.

August 5, 2008
Proposed Liability and Compensation Fund for Oil Pollution in China

August 1, 2008
Kirby’s wake? How the calm waters of ocean transportation intermediary and subcontractor liability suddenly became unpredictable

July 19, 2008
Heavy Lift and Project Forwarding - Part 1

April 1, 2008
Can cargo owners who aren’t shippers of record sue carriers for lost/damaged freight?

March 31, 2008
Decision of the Irish Financial Regulator on the Insurance Mediation Directive

February 19, 2008
A Midelivery Creates a Contract

February 1, 2008
Ocean Transportation Intermediaries may not operate through “agents”: the U.S. Federal Maritime Commission outlaws unlicensed OTI deputies.

January 1, 2008
10+2: Customs and Border Protection’s simple math creates complex problems

December 1, 2007
Cleanup costs: the San Pedro Bay Clean Air Action Plan sets off dirty dispute

June 5, 2007
Taking out regulated transportation’s last holdout: STB nixes motor carrier bureaus’ antitrust immunity.

April 2, 2007
Art v. Garbage: A Lesson to be Learned and a Question to be asked.

March 29, 2007
"What is a work of art and what is garbage? "

March 25, 2007
The U.S. Supreme Court simplifies dismissal of misplaced lawsuits.

February 22, 2007
Attorneys’ Fees: When can you get them back?

February 7, 2007
Liability of International Forwarders under Israeli Law

January 22, 2007
Limitation of Liability: What’s a Package?

January 14, 2007
Article 19 of UCP 600

January 3, 2007
Liability of a consignee for unpaid charges for the carriage of goods.

December 19, 2006
Directors may be liable for misrepresenting ability to pay

December 14, 2006
An Example of the Utmost Good Faith Doctrine in Insurance law

December 7, 2006
"On Board" Letters of Credit

December 1, 2006
The Evolution of Intermodelism Personified: A Motor Carrier Takes on a Steamship Line at the FMC

November 27, 2006
Ambiguous words in a contract are interpreted against the interests of the Party preparing the contract.

November 3, 2006
Carrier Antitrust Immunity Revisited: The Continent Abolishes it; is Uncle Sam Next?

November 2, 2006
CIFFA Standard Trading Conditions Upheld by Quebec Court

October 22, 2006
Regulators come to their senses!

September 14, 2006
Don't Play Judge when Claims Arise!

June 19, 2006
China Opens its Doors

June 5, 2006
The duty to weigh the containers and the risk of loss of weight, wasting in bulk

March 11, 2006
A Commentary on delivery terms used in coffee and cocoa trades

December 23, 2005
An Underwriter's Christmas

December 1, 2005
Ocean Hazmat Shippers Beware: IMDG Code Compliance May Not Suffice

November 1, 2005
Railroad Antitrust Immunity: A Needed Quid Pro Quo or a Solution to No Problem?

October 25, 2005
Who bears the responsibility for Terminal Handling Charges for a sale on FCA Terms?

October 1, 2005
SAFETEA: The End of Licensing and Bonding Requirements for Surface Brokers and Freight Forwarders?

September 23, 2005
WHEN STAFF STEAL – A FORWARDER’S PERSPECTIVE

September 1, 2005
Hazmat Shipping: The Broadening Definition of "Offeror"

August 19, 2005
Disclaimers explained Australian style

August 1, 2005
NVOCC Service Contracting: the Intermediary Industry Seeks Full Equality in Contractual Freedom

July 1, 2005
Urban Hazmat Rail Transit: Balancing Risk and Industrial Necessity

June 2, 2005
The Power of Collection Agencies: Are they misusing their power against Forwarders?

June 1, 2005
The Railroad Competition Act of 2005: Fine Tuning Capitalism to Help Remotely Located Railroad Shippers

May 1, 2005
Ocean Transportation Intermediary Liability: Baseless Finger Pointing Costs a Shipper Big Bucks

April 21, 2005
Forwarders and Marine Insurance - The "Do's" and "Don'ts" of Placing Insurance

April 1, 2005
Standard Trading Conditions - Effect of a Signature on a document - reasonable notice.

March 1, 2005
Liening on Subfreights: A Deadbeat Charterer Can Get Its Shippers into Trouble

February 9, 2005
Can the letter of credit be saved?  A proposal to the ICC Banking Commission

February 8, 2005
Forwarding Practice and Insurance under an Open Marine Cargo Insurance Policy

February 1, 2005
NVOCCs Enter the Modern World with Contract Freedom

January 1, 2005
Backtracking Through the Himalayas: The U.S. Supreme Court Rules Connecting Railroad's Liability is Limited by Ocean Bills of Lading

December 1, 2004
One Arm Out of the Stockade: FMC Appears Poised to Grant NVOCCs Contract Freedom

November 7, 2004
Watch out for informal declarations of value!

September 1, 2004
The latest stage in the bill of lading’s evolution

July 1, 2004
Maritime Arbitration: Dispute resolution outside the courtroom

June 4, 2004
Ocean carrier dodges a motor carrier's limitation of liability, or why truckers should do their own paperwork

May 1, 2004
Salty traffic laws: from counting whistles to hugging narrow-channel banks

May 1, 2004
The difficulties of contract administration or why standard trading conditions don't always work!  The UK Case of Samsung Electronics v. Frans Maas. 

April 1, 2004
Negligent trucker obtains indemnity from Australian forwarding agent against claim of agent's customer (OR be careful what you sign!)

March 4, 2004
Limitation of Liability - NCBFAA Terms and Conditions  - Importance of a course of dealing!

February 9, 2004
More Comment on the role of negotiable bill of lading - Remarks by Felipe Arizon and the UN/ECE

December 15, 2003
Finnish Courts deny forwarder's NASB right of lien against goods not owned by customer of forwarder

November 24, 2003
Bailee's All Risks Insurance

November 9, 2003
Standard Trading Conditions - a comment on procedure.

September 9, 2003
The Unfair Contract Terms Act of the United Kingdom - a Commentary by Paul Bugden

July 25, 2003
US Ninth Circuit rejects Expeditor's claim for lien against Bankrupt Customer

July 2, 2003
Liens - Shipper vs. stevedore/terminal operator

May 1, 2003
Resonation from a Bygone Era: Few Mourn at Common Carriage’s Funeral

April 1, 2003
An ocean intermediary’s bill doesn’t protect an inland carrier, or . . . how a railroad slipped through the Himalayas

March 22, 2003
Customs Regulations - a Barrier to Trade. The South African Experience.

March 6, 2003
The Influence of non-compulsory Industry Standards on the Duty of Care owed by a Company doing business in the industry sector

January 1, 2003
East coast truckers want the meter running while they wait for loads from congested ports

December 1, 2002
Legal Aftershocks from the West Coast’s Port Closures: the FMC Wags its Finger at Carriers

November 7, 2002
Is a bill of lading form like a blank cheque?

August 1, 2002
Coming to a Head: Intermediaries Lash Out Against Carriers for Alleged Squeeze Out

July 20, 2002
Warehouse to Warehouse Clause

July 1, 2002
What You Don’t Know Can Hurt You: a Shipper Takes the Rap for Hazmat Cargo It Had No Reason to Suspect was Dangerous

June 28, 2002
Liens - possessory liens - general liens - an analysis by Paul Bugden

May 1, 2002
The sophisticated shipper doctrine: Look out!! The longer you’ve been in the world of shipping, the more you’re presumed to understand.

April 1, 2002
Legal Cross Currents with China: The PRC Promulgates Anti-OSRA Shipping Policies

March 1, 2002
WTSA’s Reefer Trade Management Program: Creative Cooperation or a Can of Worms?

February 1, 2002
Kyodo Won’t be Shanghai’ed: A Foreign Forum Selection Clause Isn’t Enforceable Under Carmack

November 1, 2001
The Latest on Cargo Liability Reform: Industry Trade Groups Take the Issue International

October 1, 2001
Marine Security Procedures after the Terrorist Attack of September 11, 2001 (Searching for Words Amidst the Rubble)

September 1, 2001
The U.S. Federal Maritime Commission Patrols the Waters of Japan's Unfair Port Practices

June 17, 2001
It's Time for a Rethink as risk takers approach end of the road on freight liabilities - Commentary by Sam Ignarski of Bow Wave

June 1, 2001
Cargo Preference Waivers: MARAD Gives U.S. Exporters a Break

May 5, 2001
Effectiveness of lien clauses under Swedish Law

April 1, 2001
Deviation: Shippers’ Rights when Carriers Take the Long Way Home

January 15, 2001
Evolution of Credit and Political Risks Insurance

August 1, 2000
The Uncertain Future of Carrier Antitrust Immunity

June 2, 2000
The difficulty that forwarders experience with  Removal Goods

April 1, 2000
The Harbor Maintenance Tax Refund for Exporters: An Appellate Court Sweetens the Pot

March 1, 2000
Port Truck Drivers: Being Your Own Boss Has Its Downsides

January 22, 2000
Deviation and Transhipment - A Forwarder's Liabilities for Deviation

January 20, 2000
More Comments on INCOTERMS 2000

January 14, 2000
Interpretation of "Port of Loading" under UCP 500

December 31, 1999
Removal Goods or Household Moves: Leave these shipments to the experts!! 

March 30, 1999
Forwarders and Cooperation Agreements

January 30, 1999
Bribery and it's Consequences

July 22, 1998
The ABC's of Insurance: Use an Insurance Broker (last in a series of articles by David Hall)

July 15, 1998
The ABC's of Insurance: Conditions and Exclusions (third in a series of articles by David Hall)

July 8, 1998
How wide is your insurance Policy? (second in a series of articles by David Hall)

July 1, 1998
Marine vs. Liability Insurance: from the ABC's of insurance by David Hall (first in a series of articles)

June 29, 1998
BIFA Conditions: Commentary by David Hall

March 30, 1998
The Application of Trading Conditions to Co-operation Agreements

1998-09 Status of Ocean Shipping Reform Legislation

1998-10 Shippers Associations: the Ups and Downs

1999-01 Carriers Can Force Shippers to Sue Abroad at Least for the Time Being

1999-02 The Himalayas: Taking those Old Mountains to New Heights

1999-03 The Truth About Consequences: What Shippers Can Recover from Carriers Who Lose or Damage Cargo

1999-04 Taking Uncle Sam to Task: Suing the Government for Maritime Claims

1999-05 Ocean Shipping Reform takes effect May 1, 1999: On your mark! Get Set! READY?!? continue with slow, gradual, evolutionary process….

1999-07 The Oil Pollution Act of 1990: A Slippery Slope of Carrier Liability

1999-09 Intermodal Infighting: Carriers Clash Over Container Conveyances

Forwarder as logistics service provider - carrier or forwarding agent?

Observations on right of Insurer who pays claim and Subrogates to Insured's Cause of Action against Consolidator and Carrier - Insurer's Claim subject to Limitation Provisions of Air Waybill

Readable Fine Print, Eyesight and Enforcement

Some Practical Advice from the TT Club regarding Personal effects shipments - How to minimise the forwarder's risk

Terms of Sale and Shipping Practice