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Hello once again to all our returning readers, and greeting to our new subscribers, from chilly Canada. Below are articles of interest published to Forwarderlaw.com during the month of November:
Stuck in the Middle: Masters research dissertation
We are pleased to republish here, with permission of the author, the research dissertation prepared by Mandy Vereena Rigtering as an element of the Master of Laws in Shipping Law at the University of Cape Town. For web presentation we have divided the text into twelve parts; we have posted the first two parts, as well as the table of contents to whet your appetites!
Table of Contents:
http://www.forwarderlaw.com/library/view.php?article_id=734
Part A: Functions of a Freight Forwarder
http://www.forwarderlaw.com/library/view.php?article_id=734
Part B: Duties and Liability as Forwarding Agent
http://www.forwarderlaw.com/library/view.php?article_id=734
Incoterms 2010
Whats new in Incoterms 2010? A reorganization of the text, addition and deletion of D terms, and new provisions for security and electronic data, just to name a few! Shanghai Editor Ik Wei Chong prepared this review for the Clyde + Co Shipping Update, republished here with our thanks:
http://www.forwarderlaw.com/library/view.php?article_id=730
Shipping Act 2010: The Evolution Continues
After more than ten years of wrangling (and some uncertainty as to whether the day would ever come) the Ocean Shipping Reform Act of 1998 (OSRA) became law in the US effective 1 May 1999. Now, another decade later, Bill HR 6167 The Shipping Act of 2010 seeks not only to end carrier conferences but turn carriers entire approach to shipping economics on its head. West Coast US Editor Steve Block provides the insight and analysis:
http://www.forwarderlaw.com/library/view.php?article_id=731
Ensuring Full Recovery under a Service Agreement
Forwarderlaw recently examined the case of Eli Lily v DHL, in which the terms of a Service Agreement had some surprising effects. This month, Editor Emeritus Peter jones reviews the case of Siemens v Schenker and the practical considerations for shippers and forwarders entering into Service Agreements for services that would otherwise be covered by convention limits or standard documentary terms:
http://www.forwarderlaw.com/library/view.php?article_id=729
Cargo Terminal Entitled to Protection under Warsaw Convention
How far do the Convention limits extend? Forwarderlaws Israel Editor Roy Gilad discusses a case of cargo stolen from a cargo terminal and the recent decision of the Tel Aviv magistrates court that considered whether the convention limitations applied to the forwarder, the courier, or the terminal operator in a claim by the cargo owners. To find out who was protected, click here:
http://www.forwarderlaw.com/library/view.php?article_id=732
The Forwarder is not a Tax Advisor: Magistrates Court
When export cargo gets slapped with taxes, duties, or other charges, a shipper particularly an unsophisticated shipper will often claim that the Forwarder accepted responsibility for or provided advice in respect of those charges. Contributor Gill Nadel reviews a recent decision of the Magistrates Court in which the facts and evidence saved the forwarder from just such a claim.
http://www.forwarderlaw.com/library/view.php?article_id=733
General
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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 |