AFIF
Thursday, April 29, 2010
Forwarderlaw e-News April 2010

You Be the Judge!

Standard Trading Conditions are commonly found on the reverse of transportation documents; they are also commonly illegible, unfaxed, contradictory, or imply ignored. When will the Courts bind parties to those terms, and when will they find them unenforceable? Editor Emeritus Peter Jones provides the facts from the famous case of Bowler v Laceys - but YOU can be the judge!
http://www.forwarderlaw.com/library/view.php?article_id=609

Rotterdam Rules: Problems with Packages

The lack of a standard definition for 'package' has caused countless disputes over the appropriate limitation value for cargo claims. One might have imagined that the Rotterdam Rules would be crafted to avoid this ambiguity. Not so, writes Steve Block in this recent update:
http://www.forwarderlaw.com/library/view.php?article_id=608

Loading, Stowing, and Discharge

From the perspective of both the practical claims man in a shipping office and a lawyer, some of the most intractable problems with the carriage of goods, surround the issues of loading, stowing and discharging the goods. UK Editor Paul Bugden addresses these common problem areas in the context of heavy lift moves:
http://www.forwarderlaw.com/library/view.php?article_id=607

Non-Designated Forum = Dismissal

Forum designation clauses have been enforceable in the US since the Sky Reefer decision. Although they are most often used to dismiss claims brought in non-designated forums. In a recent New York case, however, the plaintiff not only had their claim dismissed, but faced a massive damage award for its breach of contract in ignoring the clause! For a full review by US contributor Steven Block, click here:
http://www.forwarderlaw.com/library/view.php?article_id=605

Rotterdam Rules - an Israeli Perspective

The Rotterdam Rules are much on the mind of transport professionals and counsel the world over. Click here for Advocate Gilad's report on the proposed new regime from the Israeli perspective:
http://www.forwarderlaw.com/library/view.php?article_id=610

General

Previous e-news summaries and all past articles are available and searchable on-line at www.forwarderlaw.com

Please send this edition of Forwarderlaw E-news to a friend who would benefit from an introduction to this resource.

If you would like to be removed from the mailing list hit your reply button and type in "unsubscribe" in the subject line.

If you wish to send the General Editor an article, please �telegraph� your intentions by a previous email, so that your article does not get deleted like the numerous virus-carrying emails.

Thank-you for reading!

Gavin Magrath
Magrath O'Connor LLP

302-326 Richmond St. W.
Toronto, ON, M5V 1X2
direct: 416-931-0463
fax: 1-866-389-0743
gavin@magrathoconnor.com