FORWARDERLAW E-NEWS June 6, 2007

Forwarderlaw and the Singapore Logistics Association hold successful Conference for the Logistics Industry.

The May edition of Forwarderlaw E-News was a little late hitting the Net. The reason? Twelve members of the Forwarderlaw network presented at the Singapore Conference “Global Solutions for Global Risks” The topics included Logistics Contracts, Projects Contracts, the UNCITRAL Convention, UCP 600, Risk Management, Doing Business in China and the Middle East and a Review of the Legal Systems in this area, Developments in the US law on NVOCC’s, the Voluntary Regulated Agent and Air Security. The final session addressed current problems in the NVOCC industry, with all members of the Network participating with comments on these problems and answering questions from the audience.

The principal presentations/papers will be available for download from Forwarderlaw in the near future.

Pauline Barratt: New Member of the Forwarderlaw Network from New Zealand.

Forwarderlaw welcomes our latest member: Pauline Barratt from New Zealand.  Her commentary starts with a reality check that everyone who lives in this beautiful country must accept at the price to be paid for living there.

 “New Zealand has the disadvantage (or advantage, depending on one’s point of view) of being an island nation which is a long way from anywhere else.” 

Let’s hope that the Kiwis bring back the America’s Cup . . . . an event that may assist in overcoming this sense of isolation.

For Pauline’s summary of the law of New Zealand go to: http://www.forwarderlaw.com/library/view.php?article_id=445

A Shipper’s Contributory Negligence under German law

Jacobus Bracker explains how under German Law a carrier’s defences may be defeated by CMR but the shipper’s claim fails by virtue of contributory negligence. For the full article click here:

http://www.forwarderlaw.com/library/view.php?article_id=446

Mandatory Convention v. Standard Trading Conditions

The case referred to by Jacobus Bracker had its counterpart in a recent case in England, where the English House of Lords (that is name for the final Court of Appeal in England) confirmed that special provisions in the UPS Tariff and conditions were ineffective, the same conclusion reached by the German Court.  These special provisions alerted customers that UPS would not accept shipments with a value over $50, 000. Although it was aware of this restriction, the customer sent three parcels as one consignment, each one well over the $50,000 limit. Unfortunately they disappeared.  The customer sued, but unlike the German case, recovered in full.  Read and let the General Editor have your comments. Go to

http://www.forwarderlaw.com/library/view.php?article_id=448

UNCITRAL

The working Group on Transport Law, responsible for the drafting of the UNCITRAL Convention on the Carriage of Goods by Sea (and other modes of transport), held another session in New York for two weeks in the latter half of April.  Jan Ramberg and Richard Gluck were there on behalf of FIATA.  Two of the subjects,” The addition of non-maritime modes” and “Period of responsibility”, covered by their report are now on the site for review.   For the first commentary go to

http://www.forwarderlaw.com/library/view.php?article_id=449

And for the second go to

http://www.forwarderlaw.com/library/view.php?article_id=451

Florent Vigny takes up where Jean-Michel Moriniere left off!

Jean-Michel, formerly the member for France, is now in the Clyde & Co representative office in Abu Dhabi.  Appropriately enough Jean-Michel is representing Abu Dhabi in the Forwarderlaw network.  His commentary on “e Liability & Regulatory Issues of Forwarding Activities in the Middle East and North African Countries” was very well received at the SLA/Forwarderlaw Conference in Singapore.

Florent Vigny of the Causidicor firm in Paris is holding down the spot of French member.  His first contribution is on the subject of the Commissionaire de Transport, a commercial institution under French law applicable to the forwarding industry.  Go to

http://www.forwarderlaw.com/library/view.php?article_id=452

General

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