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Thursday, July 01, 2010
Forwarderlaw e-News June 2010

Reading This Article May Save Your Soul

Readers will be familiar with the small print terms on the reverse of many transport documents. The imposition of standard terms is common even though the terms themselves may not be: Ryan Black writes of one standard contract with infernal implications:
http://www.forwarderlaw.com/library/view.php?article_id=619

The Outer Continental Shelf Land Act

The line between maritime and land-based claims has been increasingly blurred, and the principles of admiralty law are more frequently coming ashore and influencing parties' rights in numerous circumstances of land-based 'maritime' injury. Steve Block reviews these developments in his monthly Legal Outlook column here:
http://www.forwarderlaw.com/library/view.php?article_id=622

Forwarder Recovers on Bankrupt's Counterclaim

An all too common situation: the cargo interest refuses to pay charges, alleging cargo damage in a counterclaim. While the cargo claim is not well-founded against the forwarder, by the time claim and counter-claim have been resolved the shipper is nothing but a paper corporation with a paper judgment. All may not be lost: Canadian and General Editor Gavin Magrath reviews a recent case in which the Forwarder was able to subrogate the bankrupt shipper's counterclaim, and recover a substantial portion of their charges from the carrier. For more on the case, click here:
http://www.forwarderlaw.com/library/view.php?article_id=620

Non-Delivery Claim Dismissed Against Forwarder

Forwarders often deny liability based on their status as agent. But what about when the forwarder's acts or advice may be causative of the loss? Israeli correspondent Shmuel Grossman reviews a recent case where the forwarder's decision to change from direct to indirect routing exposed the goods to peril at the transhipment port. To read more and discover the result, click here:
http://www.forwarderlaw.com/library/view.php?article_id=623

NVOCC Tariff Exemption: 12 Years of OSRA

Can you believe it's been nearly twelve years since President Clinton signed the Ocean Shipping Reform Act of 1998 (OSRA) into law? US Editor Steve Block reviews the history and practice, and gives us a sneak peek into the future of the regime. Click here for his analysis:
http://www.forwarderlaw.com/library/view.php?article_id=618

General

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Gavin Magrath
Magrath O'Connor LLP

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