Issues under National Law

August 20, 2010
Updates from the courts- arbitration on foreign trade matters

August 16, 2010
Regal Beloit: Sompo Japan and kin step aside – the U.S. Supreme Court strikes back by clarifying that Kirby applies to interstate connecting hauls

July 29, 2010
Court Upholds Arbitration, Rejects Zim's Claim

July 12, 2010
When is the International Forwarder an Ocean or Air Carrier?

July 4, 2010
Forwarderlaw Welcomes Frazer Hunt as Australia Editor

June 29, 2010
The Outer Continental Shelf Land Act: the law’s increasing recognition of land-based, maritime personal injury

June 24, 2010
Non-Delivery Claim Dismissed Against Forwarder

June 18, 2010
Forwarder Recovers on Bankrupt's counterclaim!

June 14, 2010
NVOCC Tariff Exemption: 12 Years of OSRA

May 31, 2010
Saving Ryan: personal injury liability for subcontractors' employees

May 9, 2010
Case Dismissed: Forwarder benefits from Warsaw Limitation

May 3, 2010
Who’s an ocean carrier’s “agent” for purposes of extension of COGSA to land-based service providers?

April 22, 2010
Rotterdam Rules: More Problems with Packages?

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

March 9, 2010
Registration of Representative Offices in China – Update

February 19, 2010
Judicial relief from mistake? – You be the judge (Part A)

January 14, 2010
CSA 2010: FMCSA revamps its motor carrier safety assessment guidelines

January 7, 2010
Art. 32 CMR: A Blow to the “Dutch Trick”

December 18, 2009
China civil aviation laws show good promise

December 7, 2009
Freight Forwarders are "Local Undertakings" - Supreme Court of Canada

December 1, 2009
Nigeria Begins Mandatory Registration of Forwarders

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

November 2, 2009
British Airways pleads guity to Price Fixing

October 21, 2009
Rule B - The Bubble Burst

July 24, 2009
US Federal Court Rejects Cougar Ace Claims

July 3, 2009
A Good Security System incompetently managed!

June 30, 2009
Change the Facts – Change the Result: BIFA conditions do not apply where goods are misdelivered to warehouse operator!.

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

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 27, 2009
China: New Laws governing Delivery of Goods without Original Bill of Lading

March 18, 2009
Proposed Standard Trading Conditions - Israel

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

February 27, 2009
What Does the Port Want from the Customs Agent?

February 20, 2009
A Common Admiralty Law?

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

January 12, 2009
Proving Cargo Damage: the Use and Misuse of Institutional Records

January 8, 2009
Lost at Sea: Punitive and Aggravated Damages under the Athens Convention

December 8, 2008
Negative Declaratory Proceedings and Conflict of Laws: article 27 of the Brussels I Regulation (EC 44/2001) and 31(2) of the CMR

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 27, 2008
The Cougar Ace

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 16, 2008
Use of the FCR in Ukraine

September 9, 2008
No Liability on Importing Agent for Misrepresentations in Export Documentation

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 28, 2008
Freight Forwarding: a Pakistani Primer - Part III: Forwarder as Agent

July 28, 2008
Freight Forwarding: a Pakistani Primer - Part IV: Carriage of Goosd by Sea

July 14, 2008
A Multimodal Transport Convention for the Middle East?

July 14, 2008
Canadian Forwarder Liable for Arranging US - Cuba Carriage

July 1, 2008
Freight Forwarding: a Pakistani Primer - Notes

May 30, 2008
Freight Forwarding: a Pakistani Primer - Part I: Introduction

May 30, 2008
Freight Forwarding: a Pakistani Primer - Part II: History

April 14, 2008
Freeze!

April 4, 2008
The Spanish Supreme Court Strikes Back Against Ship Agents

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

March 24, 2008
Carrier’s Liability for Containers: NDAL v Premium Tobacco

March 19, 2008
Ocean’s End?

March 14, 2008
Recent Irish Decision on Arrest of Vessel – Stay of Proceedings in favour of arbitration clause – the M.V. “Sonata”

February 28, 2008
Marine Insurance Primer – Part 4

February 28, 2008
Marine Insurance Primer – Part 5

February 28, 2008
Marine Insurance Primer - Part 6

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

November 5, 2007
Tasman Pioneer - Cargo perspective

November 2, 2007
Marine Insurance Primer - Part 3

October 29, 2007
Marine Insurance Primer - Part 2

October 19, 2007
Marine Insurance Primer - Part 1

October 18, 2007
A Brief Introduction to the Transport Law of Ireland

August 14, 2007
More on the Right to Claim against Railways under Canadian Law

June 22, 2007
A Question of Agency: booking agent owes duty to Carrier not shipper

June 4, 2007
French National Law- the Commissionaire de Transport

May 1, 2007
An Update on New Zealand law from Forwarderlaw member Pauline Barratt

April 23, 2007
Update from the United States

April 23, 2007
Update from Canada

April 23, 2007
Update from Denmark

April 23, 2007
Update from Germany

April 23, 2007
Update from Singapore

April 23, 2007
Update from Spain

April 23, 2007
Update from the UK

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

February 28, 2007
Practical Advice from Israeli lawyers

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

February 7, 2007
Error in Navigation - Watch Alarm Switched Off

February 7, 2007
Liability of International Forwarders under Israeli Law

February 6, 2007
Thai courts and cargo liability limits

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

June 19, 2006
China Opens its Doors

April 25, 2006
Forwarderlaw Members meet with Transport, Insurance and Logistics Clients in Switzerland

April 8, 2006
Two Danish Supreme Court judgments in support of the Freight Forwarders' Limitation Rights

April 1, 2006
R.M.S. TITANIC: The Legendary Disaster Continues to Make History

February 25, 2006
Liabilities of North American Rail Carriers: one Continent but two systems.

February 1, 2006
We Finally Have the Answer! Federal Law Does Not Require Cargo Insurance Coverage for Contract Motor Carriage

January 22, 2006
Does an NVOCC’s breach of a Regulation governing International Maritime Transportation nullify its right as issuer of a bill of lading under Chinese Contract Law?

January 9, 2006
Common Law Legal Precedents for Dummies!

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 26, 2005
NVOCC SERVICE ARRANGEMENTS: EFFICIENT SUPPLY CHAIN LOGISTICS or ANTI-COMPETITIVE ACTIVITIES?

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

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

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

July 24, 2005
A Review of the Impact of Unfair Contract Terms Legislation on the Nine-Months Limitation Period

July 24, 2005
Unfair Contract Terms Legislation - new conflicts for the Forwarding Industry

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

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

April 1, 2005
Salted Beef: Who Presides Over Ocean Shipping Disputes, When, and Why

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

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

October 1, 2004
Trucker hours of service: The wait continues

August 1, 2004
The New Wave of Maritime Asbestos Litigation

May 15, 2004
The Savage Rules of the Vikings in Modern Dress - Danish Transport Regulation

April 1, 2004
Streamlining federal security programs: How Customs bundles them together

March 1, 2004
The 24-Hour Rule: the early “heads up” to Customs about inbound freight and its impact

February 1, 2004
The Container Security Initiative: Pushing out the Front Lines in the War on Terrorism

January 31, 2004
Recent Developments in German ADSp

January 1, 2004
The Customs-Trade Partnership Against Terrorism: Government and Industry Join Forces against Common Foes

October 24, 2003
The United Kingdom's Unfair Contract Terms Act 1977 - A Commentary by Paul Bugden, National Editor, United Kingdom7

October 7, 2003
Recent Developments in German ADSp  and the present status of Forwarder's Liability Insurance

September 21, 2003
Practical Suggestions from Jacobus Bracker, the National Editor of Germany

September 18, 2003
German Federal Court of Justice finds Gross Negligence against Freight Forwarders

September 9, 2003
Freight forwarding and warehousing: Validity of limitations of liability -  Articles 24.1 and 27.1 of the German Freight Forwarding Conditions 1999 (ADSp 1999)

March 16, 2003
Explaining Bailment, Quasi-Bailment, Sub-Bailment and Substitutional Bailmen

February 1, 2003
Shippers Beware! You may be paying freight forwarders at your own peril!

October 1, 2002
The In Extremis Doctrine: The Law Recognizes the Tough Tasks Vessel Masters Face in Crisis Situations

September 1, 2002
The Trade Act of 2002: Post 9/11 Security Concerns Prompt New Shipping Policies in the Context of International Commerce

June 1, 2002
Should MARAD scrutinize ocean charters to enhance national security? A Congressional Committee report suggests so.

January 1, 2002
Hauling a Boat Into Court: The In Rem Action of Maritime Law

December 1, 2001
Uniformity: the Guiding Precept of American Maritime Law

December 1, 2001
A Note on Quasi-Bailment

July 1, 2001
Chipping away at the Jones Act: proposed regs and statutes may change the coastwise waterfront

May 1, 2001
The Maritime Policy Improvement Act of 2001: Congress leans toward new lien law

February 1, 2001
The Plight of the NVOCC: Part 2 of 2

January 1, 2001
The Plight of the NVOCC: Part I

December 1, 2000
The Port and Maritime Security Act of 2000: Here Comes the Cavalry!

November 1, 2000
Limitation of Liability: the Carrier’s Ace in the Hole

October 1, 2000
Maritime Salvage: the Big Business of Saving Vessels, Cargo and Equipment

September 1, 2000
Out of the Way, Gateway! And Don’t Forget to Pay!

August 1, 2000
The Uncertain Future of Carrier Antitrust Immunity

July 1, 2000
Attention Foreign Carriers: The Taxman Cometh!

May 1, 2000
What’s Up with COGSA Reform?

February 1, 2000
Exculpatory Clauses: What Happens When You Try to Write Off Your Own Negligence

January 1, 2000
Marine Terminal Operators: How Deregulation Impacts the Docks

November 15, 1999
New Fenex Conditions come into effect January 1999

June 10, 1999
Australian Carriage of Goods by Sea Regulations

June 3, 1999
Exporters benefit from Australian Carriage of Goods by Sea Regulations

May 1, 1999
Continuing discussions between FIATA ad hoc Working Group on US COGSA and representatives of US interests seeking passage of new law.

September 1, 1998
US COGSA and Deck Carriage

August 31, 1998
The Extension of COGSA to Non-Carrying Parties

July 22, 1998
The Restricted Scope of US COGSA

May 25, 1998
History of the US Carriage of Goods by Sea Act

March 11, 1998
England - Court Case: Unfair Contracts Terms Act of 1977

1998-09 Status of Ocean Shipping Reform Legislation

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….

1999-06 Just passin’ through? U.S. maritime law won’t touch you.

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

1999-10 Maritime Liens: a Totem Pole of Debt Security

1999-12 - You Can Take the Man Out of the Sea, But Not the Seaman Status