Summaries of Transport Cases

September 1, 2010
In Piracy Infested Waters

August 30, 2010
You be the judge: Geofizika v MMB

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 26, 2010
Whiskey, Conversion Rates and Agency Agreements

July 23, 2010
Stowage liability for transport operators

June 24, 2010
Non-Delivery Claim Dismissed Against Forwarder

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

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

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 26, 2010
You Be The Judge: Bowler v Laceys

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

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

March 25, 2010
Burden of Proof: Taxes as Damages

March 16, 2010
Shipping and Insurance update - Piracy

March 2, 2010
Judicial Relief of Mistake - OT Africa re Vickers (Part B)

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

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

January 27, 2010
The Pitfalls in the Shipping of ON DECK Cargo

January 21, 2010
Whitesea v. El Paso Rio Clara

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

December 16, 2009
The Battle of the Forms! - Takdata v Amphenol - You be the Judge (Part A)

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

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

November 4, 2009
Recovery of damages paid to third parties

October 21, 2009
Rule B - The Bubble Burst

July 24, 2009
US Federal Court Rejects Cougar Ace Claims

July 20, 2009
Trading Terms and Conditions… Again!

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

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

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

April 23, 2009
Tasman Pioneer - Appeal - Error in Navigation Defence

April 22, 2009
The FRONT COMOR - a Shipping Case of interest to Transport Intermediaries

April 9, 2009
Rule B - Latest Developments

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

February 20, 2009
A Common Admiralty Law?

January 26, 2009
Calculation of Damages Pt 1: Hague-Visby Rules

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 19, 2008
Price or Cost? Determining Loss on Goods in Transit

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

December 10, 2008
Leave the Home Fires Burning!

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

November 18, 2008
Goods Lost or Damaged: Carriers Limitation under Hague-Visby

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

October 27, 2008
The Cougar Ace

September 22, 2008
Danish Forwarder caught between road and sky

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

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

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

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

April 22, 2008
AHP v DHL et al

April 17, 2008
The law of election as applicable to claims handling procedures

April 14, 2008
Freeze!

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

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

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

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

February 27, 2008
Second Circuit enforces cargo waybill’s liability limitation clause

December 13, 2007
Anti-Suit Injunctions Redux

November 9, 2007
Tasman Pioneer - Further Thoughts

October 12, 2007
Tasman Pioneer - Master's Duty of Good Faith

September 20, 2007
Wilful misconduct and the CMR

June 28, 2007
Freight charges are damages recoverable under Warsaw Convention

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

May 21, 2007
Standard Trading Conditions vs. Mandatory International Conventions

May 11, 2007
A Shipper's Contributory Negligence Under German Law

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

March 6, 2007
Court jurisdiction and Problems of Getting Paid

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

February 7, 2007
Liability of International Forwarders under Israeli Law

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

November 15, 2006
Clauses Excluding Liability for Carrier Misdelivery

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

July 28, 2006
Shipper Fails in Claim under CMR for Duties Payable on Loss of Goods

May 18, 2006
Sometimes Legal Manoeuvrings don't Work

February 5, 2006
The Status of Jurisdiction Clauses in bills of lading: a review

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 21, 2005
Courier responsible for missing parcels! Was it theft or an unexplained loss? Helping users understand "findings of fact"

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 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

June 25, 2004
“Owner’s risk” clauses in South African law

November 3, 2003
Obligation to deliver Goods under freight prepaid bill of lading - An edited version of Commentary by Wikborg Rein on Norwegian law

August 4, 2003
Chile Law as determined by English Court - carrier liable for delivery of goods from authorized Customs warehouse without surrender of bill of lading

May 29, 2003
Supreme Court of Canada supports jurisdiction clauses in bills of lading

February 21, 2003
Was it seizure or theft?

January 8, 2003
When a Forwarder acts as principal, shippers and carriers are not in privity of contract!

September 30, 2002
The HImalaya Clause in Transport and Forwarding Contracts

August 24, 2002
Standard Terms and Conditions don't' always work - Part II

July 25, 2002
Actions with numerous defendants each relying on their own jurisdiction clause

April 22, 2002
The Failure to give reasonable notice is often the reason why Clauses in Standard Form Documents don't work! Liability of Consignee for Ocean Carrier Surcharges

February 15, 2002
Theft of truck, trailer and contents from casino parking lot.

January 14, 2002
Himilaya Clauses also work in conjunction with jurisdiction clauses

December 21, 2001
Cross Border Litigation

November 27, 2001
Law suits are not just about money! Read about Anti-Suit Injunctions and NegativeDeclarations.

June 12, 2001
Forwarder liable for not properly advising customer concerning insurance coverage

May 9, 2001
International Carriage of Goods by Road: CMR Forum Shopping

March 20, 2001
Bill of Lading Jurisdiction Clauses and Anti-Suit Injunctions by Shipowners - Issues under Article 17 of the Brussels Convention

January 31, 2001
Why Jurisdiction Clauses don't always work.

June 29, 2000
Releasing goods on the demand of a customer who cannot provide bills of lading may be a crime! Be careful!

June 3, 2000
Websites and Jurisdiction

April 3, 2000
Judicial Discretion and the Enforceability of Jurisdiction Clauses - a commentary by Alexandra D.R. Kindbom

March 30, 2000
Trade Finance -Bank's claim against Shipowner

January 15, 2000
US Courts decline Jurisdiction over Forwarder on basis of forum selection clause

July 24, 1999
Protecting parties with whom you do business: the HImalaya Clause in Transport and Forwarding Contracts

July 9, 1999
Protecting your employees from law suits

May 11, 1999
A recent US decision that shows the importance of Forum Selection Clauses

November 5, 1998
Bailment on Terms