AFIF
Tuesday, April 06, 2010
Forwarderlaw E-News: March 2010

You Be the Judge!

Editor Emeritus Peter Jones presents readers with a problem in Judicial relief from mistake. Click on the first link for the fact scenario: a party’s lawyers mistakenly make a settlement offer in Pounds Sterling instead of dollars, which is quickly accepted and almost as quickly renounced. Click on the second to find out of the mistaken offer formed a binding contract and the discussion as to why or why not:
http://www.forwarderlaw.com/library/view.php?article_id=599
http://www.forwarderlaw.com/library/view.php?article_id=600

Arrrrr! Pirates!

Far from the attention-grabbing headlines, business are trying to resolve issues about the costs of piracy through the courts. Shanghai editor Ik Wei Chong provides this review of Masefield v Amlin, in which the House of Lords canvassed the law on subjects including the prospect of insured recovery on capture and the propriety of ransom payments as a matter of public policy. Before you walk the plank, click here:
http://www.forwarderlaw.com/library/view.php?article_id=603

Burden of Proof: Taxes as Damages

Taxes frequently form a significant proportion of the value of goods or services. First time contributor Jorg Noltin reviews a recent case from the German Federal Court under the CMR in respect of compensation of taxes and the burden of proof in establishing damages. For more on the case and decision, click here:
http://www.forwarderlaw.com/library/view.php?article_id=604

UNCITRAL: Harmonization or de-harmonization?

Rotterdam signatories have stalled at 21; Editor Emeritus Peter Jones considers the likelihood of a future where adoption of the convention by a significant but small number of states results in fragmentation, rather than harmonization, of the law. For his review click here:
http://www.forwarderlaw.com/library/view.php?article_id=602

Representative offices in China

Shanghai editor Ik Wei Chong also provides us with this helpful guide to registration of representative offices in China, republished with permission from and thanks to Clyde + Co.
http://www.forwarderlaw.com/library/view.php?article_id=601

General

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Gavin Magrath
Magrath O'Connor LLP

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