Happy New Year to all our readers, and welcome to those readers joining us for the first time. Below are news items posted to Forwarderlaw in the month of January that may be of interest to our readers:

Pitfalls of Shipping 'On Deck' Cargo

Carriers often reserve the right to ship cargo on deck, while shippers or their insurers may seek or require stowage belowdecks. When damage is sustained by 'on deck' cargo, the forwarder can often be caught in the middle. Editor Emeritus Peter Jones reviews the recent English case of Geofizika DD v MMB International, which involved just such a scenario:
http://www.forwarderlaw.com/library/view.php?article_id=597

CSA 2010: FMCSA Revamps Motor Carrier Safety Assessment Guidelines

In keeping with the evolving technologies, business practices and volumes modern transportation has presented over the past decade, the Federal Motor Carrier Safety Administration of the U.S. Department of Transportation (FMCSA) recently promulgated the "testing phase" of a new program for assessing, monitoring and reporting the safety and reliability of licensed interstate motor carriers. For a view on what the new program means from West Coast editor Steve Block, click here:
http://www.forwarderlaw.com/library/view.php?article_id=595

Art 32 of the CMR: A Blow to the "Dutch Trick"

The strict interpretation of wilful misconduct and gross negligence by the Dutch courts has caused a rush by carriers to the Courts there to commence negative declaratory proceedings – an “anti-suit injunction”. A recent decision of the Dutch Supreme Court may have struck a blow to this activity: for more from Netherlands contributor Merlijn Hijzen click here:
http://www.forwarderlaw.com/library/view.php?article_id=594

Whitesea v El Paso Rio Clara

Following a General Average grounding incident, Brazilian cargo interests brought a claim there against owners as well as third parties. The Court had to determine the impact of a Himalaya clause on the rights of third party carriers in the context of Hague-Visby as well as local consumer protection legislation. Editor Emeritus Peter Jones reviews the decision here:
http://www.forwarderlaw.com/library/view.php?article_id=596

You Be the Judge!

By a slight margin, our readers disagreed with a judge who selected one set of terms over the other in a recent case involving a ‘battle of forms’. While it is important to have well drafted STCs, it is just as important to take steps in advance of any dispute to ensure that a Court will apply them in your favour. Speak with counsel expert in transportation law! For the original article, click here:
http://www.forwarderlaw.com/library/view.php?article_id=592

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