Caselaw and Practice - Transport Documents

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

May 26, 2010
Laceys v. Bowler - Part III - interpretation of standard trading conditions – the relationship between Common and Civil Law principles of contract law

May 17, 2010
Follow up on Laceys v. Bowler - Part II: issues under the CMR.

May 5, 2010
"You be the judge :Laceys v. Bowlers" - THE DECISION

April 26, 2010
You Be The Judge: Bowler v Laceys

April 7, 2010
Suit in a Non-Designated Forum Results in Dismissal – and Sanctions!

November 24, 2009
Montreal Convention 1999 - increase of liability limit from 17 SDR to 19 SDR/kg

July 20, 2009
Trading Terms and Conditions… Again!

June 16, 2009
Maritime Business Conference Update: “Bill of Lading in Progress” - Odessa

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

April 30, 2009
Consignee Responsible for "Freight Prepaid" Carriage

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

November 16, 2008
Forwarder Liable for Delivery without presentation of Straight Bills

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

September 25, 2008
New IATA AWB Conditions of Contract

September 16, 2008
Use of the FCR in Ukraine

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

July 9, 2008
Declaring a Value for Cargo: two cases involving Courier Companies and their efforts to protect themselves against loss of valuable cargo

June 18, 2008
Can an endorsement in a B/L be made by an agent of shipper?

April 29, 2008
LEI v Canada Garlic - Securing Payment With STCs

January 6, 2008
Under attack! The Integrity of Negotiable Bills of Lading.

November 28, 2007
Proper Completion of Bills of Lading involving Transhipment

July 16, 2007
Combined Air and Sea Transport Documents

July 9, 2007
CIM Consignment Note for Combined Transport: Rail Waybill or Combined Transport Document?

June 29, 2007
Notations in respect of places of receipt and delivery

June 25, 2007
What transport documents meet the requirements of Art.19 of UCP 600?

June 20, 2007
When is CMR road consignment note acceptable as Combined Transport Document?

April 12, 2007
Problems with Subrogation: Anti-Suit Injunctions - OT Africa revisited

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

March 20, 2007
Who can a carrier sue under a bill of lading?

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

February 6, 2007
Thai courts and cargo liability limits

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

December 11, 2006
Limitation of Liability under Chinese Law and Practice

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

November 15, 2006
Clauses Excluding Liability for Carrier Misdelivery

November 15, 2006
What forwarders and carriers should know about the UCP 600

October 17, 2006
Federal Court of Canada defers to anti-suit injunction

October 5, 2006
Switched Bills of Lading re-visited : the case of Trafigura Beheer BV vs.. Kookmin Bank Co (2006) EWHC 1450

May 1, 2006
Anti-Suit Injunctions and Jurisdictions Clauses

February 22, 2006
When "fine print" does not help!

February 19, 2006
A Recent Case on the House Bill of Lading

January 31, 2006
The Role of Inspection Agencies who issue Certificates of Quality

December 14, 2005
What steps should be taken by a middleman who intends to conceal the identity of a supplier from the ultimate buyer, and vice versa?

November 27, 2005
Switched Bills of Lading

November 19, 2005
Dangerous Goods and Ocean Transportation Intermediary Liability

November 16, 2005
Shipping Dangerous Goods - a Hazardous Actitiy

November 13, 2005
Criminal Proceedings and Debt Collection - Bhatia v. Alcobex No 1

August 25, 2005
Containers as Deck Cargo

August 22, 2005
On deck stow

March 18, 2005
OTALv. Blue Banana: A recent English decision confirms the importance of Forum Selection Clauses

February 9, 2005
How do you handle the release of cargo against documents?

February 2, 2005
Fraud and Deceit - SGS certificate relied upon by purchaser to advance funds through its bank - SGS relying upon FIATA Bill of Lading issued by forwarder - SGS liable to purchaser 

January 19, 2005
Can the letter of credit be saved?  A proposal to the ICC Banking Commission

January 4, 2005
Liability insurance coverage against release of cargo without surrender of negotiable bills of ladings

December 14, 2004
Bill of lading - Merchant responsible for container demurrage - freight forwarder not responsible to ocean carrier - containers not unpacked at forwarder's premises

June 11, 2004
More on Bill of Lading Clauses on t he subject of surrender of a negotiable bill of lading and the views of Officers of the ICC Banking Commission

May 8, 2004
Sea Waybills under Norwegian law and practice

April 6, 2004
Delivery of Cargo Under Straight Bills of Lading under Chinese Law - Controversy is Settled for Chinese Courts

February 9, 2004
Bill of lading clauses that impact on the negotiability of the document - Forwarders beware!

October 31, 2003
Straight Bill of Lading is "Similar document of Title" and under UK law is subject to COGSA

October 16, 2003
Feida v GB: Supreme People’s Court of China decision on A Case in Which the Issue of Delivery without upon Production of Straight Bill of Lading Is Not Totally Solved

October 7, 2003
A Courageous Fight in the Hong Kong Courts - Defending a Misdelivery Claim

May 4, 2003
Bills of Lading may not protect agents of the carrier for post-discharge services!

January 7, 2003
Chile Law as determined by English Court - carrier liable for delivery of goods from authorized Customs warehouse without surrender of bill of lading

January 4, 2003
Release of Cargo on basis of Surrender of Forged Bills of Lading

November 30, 2002
Voss Peer v. APL: Must a carrier insist on surrender of a Straight Bill of Lading before delivering cargo? COMMENTARY by Michael Lai, National Editor, Singapore, on this controversial issue.

November 28, 2002
The HImalaya Clause in Transport and Forwarding Contracts

September 14, 2002
Project Forwarding: English Court of Appeal increases recovery from 100 pounds stering to Hague Visby Limitation of 2 SDR per kilo

May 3, 2002
Carriers include indemnity undertaking in Dangerous Goods Declaration that they require Shippers to Execute.

March 7, 2002
Must a carrier insistt on surrender of a Straight Bill of Lading before delivering cargo? Views by Michael Lai, National Editor, Singapore, on this controversial issue.

February 23, 2002
A Claim that should not have been made!

January 23, 2002
An Unorthodox Australian case concerning bill of lading terms

April 7, 2001
Can a Straight Bill of Lading be a document of title? Further comments by Michael Lai, National Editor, Singapore, in response to an inquiry about this controversial issue.

December 12, 2000
Delivery of Cargo without presentation of original "straight" on Bills of Lading - Hong Kong case of The Brij (in admiralty) (second commentary)

December 2, 2000
Delivery of Cargo without presentation of original "straight" on Bills of Lading - Hong Kong case of The Brij (in admiralty)

January 15, 2000
Dual Agency House Bill of Lading (last of Three commentaries)

January 10, 2000
What are the Value Added Benefits of Is a House Bill of Lading? (Final commentary)

January 8, 2000
The Evolution of the House Bill of Lading? (Second of Three commentaries)

January 4, 2000
Is there still a place for a House Bill of Lading? (first of Four commentaries)

November 18, 1998
Banks and Air Waybills - a question from a subscriber.

FIATA FCR and Bulk Steel Shipments

How the Bill of Lading Began!

March Case of the Month - Delivery of Cargo without presentation of original "straight" on Bills of Lading - Hong Kong case of The Brij (in admiralty)

Qualifying Statements in Bills of Lading - Interaction between carriage of goods law and UCP 500

Status of Sea Waybills

What are the consequences of signing a Dangerous Goods Declaration that includes an indemnity?

What makes a Bill of Lading Negotiable?