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Thursday, March 5, 2009
Forwarderlaw E-news: February 2009

Below please find summaries of e-news articles posted during the month of February. Your editor, concerned always with equality issues, kindly provided the month of February with two days of grace on account of its traditional Gregorian oppression.

Calculation of Damages under UNCITRAL / Rotterdam

In this second of a three part series, Editor Emeritus Peter Jones examines the damages regime set out by the UNCITRAL Convention, now known as the Rotterdam Rules, highlighting potential pitfalls and main changes from the present regime:
http://www.forwarderlaw.com/library/view.php?article_id=544

Hardship Clauses for Hard Times

Much as in divorce and death, the law will provide a system for division of property and responsibilities between parties to a contract that breaks down. Such a division may not accord with the expectations of the parties, and may be achieved only after long and expensive litigation. Parties to long-term contracts in particular are wise to anticipate potential hardship in advance and make provisions for the adjustment or termination of certain rights and obligations in the contract before the problems arise. This article, by UK editor Paul Bugden, was originally published in Heavy Lift and Project Forwarding International and is republished here with our thanks to the author.
http://www.forwarderlaw.com/library/view.php?article_id=545

A Common Law of Admiralty?

Uniformity has long been an objective of admiralty law. In a recent Canadian decision, where judges must balance international, federal, provincial, and common law principles, a framework for evaluating some of the competing interests in such cases were canvassed and affirmed. Click here for a summary by General Editor Gavin Magrath:
http://www.forwarderlaw.com/library/view.php?article_id=546

What Does the Port Want From the Customs Agent?

Where Customs authorities adjust the declared value of imported goods, it is the practice of port authorities to retroactively increase port charges that are assessed based on value. In this article, Israeli advocate Gill Nadel inquires as to what authority, if any, supports the ports in the view that they can retroactively charge importers and obtain payment through customs brokers. For more, click here:
http://www.forwarderlaw.com/library/view.php?article_id=547

General

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Gavin Magrath
Magrath O'Connor LLP

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