Ocean and Multimodal Carriage

August 13, 2009
Calcium hypochlorite back in the news!

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

May 11, 2009
Green House Gases and Climate Change – a New Concern for the International Transport Industry?

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

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

March 4, 2009
Calculation of Damages Pt 3: Other Conventions

February 13, 2009
Calculation of Damages Pt 2: UNCITRAL

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 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

May 14, 2008
Boutique Jacob - Appeal decision enforces Himalaya clause, limits railway's liability

April 9, 2008
Is Cargo Handling and Storage at Port Terminal Part of Subsequent Sea Carriage?

March 12, 2008
The Hague Visby Rules Article IV.2 - Inherent Vice and Related Defences

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

September 24, 2007
Consequential Damages

September 4, 2007
ICCTA’s Eighteen-Month Statute of Limitations for Collection of Freight Charges Applies to Claims Against Brokers

August 16, 2007
Antitrust Immunity: With Highways Now Subject to the Sherman Act, can the Seas be Far Behind?

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

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

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

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

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

May 1, 2006
Railroad Law Uniformity: Federal dogma Derails Conflicting State Doctrine

January 1, 2006
The latest in transportation security’s continuing evolution

December 10, 2005
English Court accepts Nine-Month Time Bar in Bill of Lading

December 4, 2005
Evergreen v. Aldgate revisited

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

November 20, 2005
Qualifying Statements in Bills of Lading - Goods in a Sealed Container - Bill of Lading no evidence as to contents of container - Forwarding and Consolidation Practice - Daewood America v. Round the World Corporation (US 10TH Circuit CA)

November 4, 2005
Multimodal Transport Law in Argentina

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

June 18, 2005
Multimodal transport – law applicable to losses occurring within a port during movement of cargo to transhipment terminal.

June 7, 2005
Issue of a Bill of Lading for Non-existent Cargo. Why the decision in Grant v. Norway is not appropriate for Multimodal transport.  

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

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

November 6, 2004
Multimodal Transport: Cargo owner cannot claim on bill of lading issued by US Trucker to mulitmodal carrier! 

October 26, 2004
Multimodal Bill of Lading protects NVOC against claim caused by US Trucker employed to perform land transport in US! 

October 23, 2004
Kirby v. Norfolk & Southern Railway  - What does the US Supreme Court decision mean for the future?

April 25, 2004
NVOCC Taxed as Agent and not Transportation Contractor!

October 27, 2003
Lozen v. Sealand - A look at the Sophisticated Shipper

September 1, 2003
Eradication of NVOCC Tariff Requirements? OTIs Pound on the FMC’s Door.

August 13, 2003
Conflict between US courts of Appeal on the relationship between a customer of a forwarder/NVOCC and a carrier who contracts with the NVOCC

August 1, 2003
A crash course: What happens when vessels hit things.

July 1, 2003
Mandatory Motor Carrier Insurance: You're covered whether or not you know it or need it

May 27, 2003
Lozen v. Sealand - A look at the Sophisticated Shipper - a concept that guides US courts in their enforcement of bill of lading terms

April 6, 2003
Completion of Multimodal Transport Bills of Lading - Points to Remember

March 31, 2003
Unauthorized on-deck Stowage of cargo

March 1, 2003
Uncle Sam Can Escape Liability for Maritime Torts at His Discretion

November 1, 2002
Force Majeure: Escaping Contractual Obligations by Divine Intervention

September 23, 2002
Project Forwarding: English Court of Appeal increases recovery from 100 pounds sterling to Hague Visby Limitation of 2 SDR per kilo

July 30, 2002
The Supply of Containers and "Seaworthiness"

February 4, 2002
Containers and their Contents– Carrier Obligations and Some Typical Bill of Lading Clauses - Comments by Paul Bugden

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

November 22, 2001
A Fundamental Legal Aspect of NVOC Operations

May 8, 2001
Qualifying Statements in Bills of Lading - "Said to Contain" - Sealed Container - Interaction between carriage of goods law and UCP 500

March 1, 2001
Crossing the Tracks: An Innovative Freight Forwarder Steams Into the World of Intermodal Connections

February 20, 2001
A Shipping Saga: from Athens to Amsterdam and Back

December 19, 1999
Qualifying Statements in Bills of Lading - Goods in a Sealed Container

July 12, 1999
"On deck" cargo and Exemption Clauses

December 15, 1998
US COGSA - Other Issues - Qualifying Statements in Bills of Lading

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

1999-08 Lost Profits Caused by Maritime Accidents Often are Not Recoverable

1999-11 - Deregulation is Underway: What Intermediaries Should Do in the Interim

Qualifying Statements in Bills of Lading - Goods in a Sealed Container - Forwarding and Consolidation Practice

Qualifying Statements in Bills of Lading - Present Law

What if a container is unsuitable for the intended cargo?