Report on UNCITRAL

Many thanks to our Washington editor Richard Gluck for this two-part summary of comments he has made on the newly approved final form of the UNCITRAL convention. In Part One, he describes the “grand compromise” that resulted in the finished product we have today; in Part Two he reviews specific provisions of most interest to readers:

http://www.forwarderlaw.com/library/view.php?article_id=527
http://www.forwarderlaw.com/library/view.php?article_id=528

Forwarder Liable for Delivery Without Straight Bill

Forwarders are often confused about their differing responsibilities under negotiable “to order” Bills and “straight” Bills of Lading. New Zealand contributor Pauline Barratt reviews a recent Hong Kong case confirming that a consignee must present original ‘straight’ bills in order to be entitled to delivery. For the facts and her comments, click here:

http://www.forwarderlaw.com/library/view.php?article_id=531

Goods Lost or Damaged

In this article, Shanghai contributor Ik Wei Chong reviews a recent decision of the Commercial Court in London with respect to a bulk cargo that was partially damaged during carriage. What was the meaning of the 2 SDR/kg limitation on ‘goods lost or damaged’? Find out if the Court applied the limit based on the listed weight of the consignment or only on the weight of the damaged portion:

http://www.forwarderlaw.com/library/view.php?article_id=532

The Cougar Ace: Statutory forum may still be non conveniens

Peter Jones, our editor emeritus, reviews this recent decision of the Federal Court of Appeal. S.46 of our Marine Liability Act provides for the jurisdiction of the Federal Court in spite of contractual provisions. But does that mean it will always be considered the appropriate forum under a forum non conveniens analysis? Click here to find out:

http://www.forwarderlaw.com/library/view.php?article_id=529

Economic Damages: State v Federal Law

Are purely economic damages (consequential damages or lost profit) recoverable? The general principle of admiralty law that they are not may conflict with state laws that allow for such recovery. US Contributor Steve Block provides this analysis:

http://www.forwarderlaw.com/library/view.php?article_id=530

FIATA FCR: Use and practice in Ukraine

Contributor Arthur Nitsevych of Ukraine discusses the adoption of FIATA standard documents by the local Ordinary Member and by domestic legislation:

http://www.forwarderlaw.com/library/view.php?article_id=524

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