AFIF
Tuesday, August 31, 2010
Forwarderlaw E-news: August 2010

Below are news items posted to Forwarderlaw in August that may be of interest to our readers:

Regal Beloit: Kirby Clarified!

Sompo Japan step aside: We may finally have the answer. At a minimum, we have a sound analysis from the U.S. Supreme Court of why Carmack doesn't govern a surface carrier's liability in an intermodal move undertaken per a through ocean bill of lading. For the full review by US West Coast editor Steve Block, click here:
http://www.forwarderlaw.com/library/view.php?article_id=706

You Be the Judge!

Forwarderlaw earlier covered a case involving damage to a consignment of ambulances stored on deck, pursuant to the standard BL terms but contrary to standard insurance terms. After settling with the carrier, the consignee attempted to sue shipper and forwarder for their contribution to the loss. Click here for the details and the chance to hand-down your judgment!
http://www.forwarderlaw.com/library/view.php?article_id=709

Updates from the Courts of Israel

Contributor Gill Nadel reviews two recent cases dealing with enforcement of arbitration awards. The first concerned the refusal of the Court to name an arbitrator, in spite of a governing arbitration agreement, in a claim that included allegations of fraud. In the second, the Court granted a delay in proceedings on the basis that the claim was subject to an arbitration clause. For more on the facts and reasoning, click here:
http://www.forwarderlaw.com/library/view.php?article_id=707

Insuring Cargoes: A Practical guide to Law and Practice

The latest from Witherby's UK by a good friend of Forwarderlaw K.S. Vishwanath. This book is meant to address the frustration of cargo owners, forwarders and marine insurance underwriters and claims adjusters that they do not find a mention, leave alone a solution, to the many problems and issues they face while transacting business. It is also perhaps the only book which though based on London market practice also gives a very good feel of other markets such as American, Canadian, Norwegian and German. For more information click here:
http://www.forwarderlaw.com/library/view.php?article_id=708

General

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Gavin Magrath
Magrath O'Connor LLP

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