Happy Holidays from Forwarderlaw

Although traditions vary widely, almost all of our readers will be celebrating holidays at this time of year. So, from snowy Canada and more than 20 other editor countries, Happy Holidays and all our best wishes for a safe and prosperous 2009!

Piracy, Ransom, and General Average Risk

In what is sadly a very timely commentary, Ik Wei Chong and his colleagues at Clyde + Co provide this review of piracy risk. Can ransoms be recovered? Can Piracy be excluded as a "War Risk"? Click here for their review:

http://www.forwarderlaw.com/library/view.php?article_id=537

Leave the Home Fires burning

In an apparently simple English case, a vessel was consumed by fire while the skipper and crew were ashore. The Court was asked whether the insurer could avoid coverage based on the requirement that the skipper be aboard ‘at all times’. General Editor Gavin Magrath provides some of the facts and law - you be the judge!

http://www.forwarderlaw.com/library/view.php?article_id=534

Negative Declaratory Proceedings – First Past the Post?

Forwarderlaw contributors have commented many times on Anti-Suit Injunctions and similar declaratory proceedings, brought in one jurisdiction by an applicant who is a defendant to (or fears) proceedings in another jurisdiction. Netherlands contributor Jasper Groen reviews a recent case in which the Court of Utrecht considered the effect of a German judgment in parallel proceedings that were launched after Dutch proceedings but pursued to conclusion more quickly. Does slow and steady win the race? Click here:

http://www.forwarderlaw.com/library/view.php?article_id=533

Damage to Goods: Price or Cost?

Editor Emeritus Peter Jones reviews a recent English decision in which the main point of contention was the appropriate quantum of damage: the cost of the goods lost, or the price they would have obtained had they arrived in good order and condition. Is the actual subsequent replacement or re-sale of the goods relevant, or is it the contemplation of the parties at the time of the contract that is determinative? For his review of these and other issues, click here:

http://www.forwarderlaw.com/library/view.php?article_id=538

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