Welcome to our new readers and hello to our old! Below please find summaries of articles of interest published to www.Forwarderlaw.com during August 2011:

Delivery under Straight Bill of Lading: Cami Automotive v Westwood Shipping

The nature of a shipping document - Negotiable Bill of Lading; straight bill of lading, or Waybill - can often be decisive in determining the rights and obligations of the parties in cases of cargo damage. Unlike US law, Canadian law requires production of a straight bill in order to obtain delivery. The characterization of the document can also determine whether parties can rely on contractual, statutory, or convention limits. Forwarderlaw’s General Editor Gavin Magrath discusses the 2009 Canadian Federal Court decision in Cami Automotive v. Westwood Shipping, which discussed these and other features of Canadian Admiralty law:
http://www.forwarderlaw.com/library/view.php?article_id=780

Land Carrier Obliged to Compensate Insurers for Cargo Los - August 29, 2011

A land carrier carrying cargo from origin only to the shipping docks at Haifa was liable for damages which were not discovered until cargo had travelled by ship to Germany. The Court found the land carrier had failed to bring enough evidence to exculpate itself. A negative inference was drawn against the land carrier as a result of their failure to call the truck driver and the truck’s techno-graph. To read more on Gill Nadel & Omer Wagner’s discussion of the case:
http://www.forwarderlaw.com/library/view.php?article_id=783

The shipper’s failure to mitigate and prevent losses vis a vis the carrier

Failure to mitigate damages on behalf of a shipper was an important question in a recent Court of Appeal decision in Almeria, Spain. The shipper in this case failed to cancel a shipment immediately causing loss to the carrier. The Court determined that a shipper has a duty under Spanish law to conform to the Hague-Visby convention and to ship goods in a timely manner. Further, a shipper has a duty of good faith towards the carrier under the shipping contract. However, the chain of causation saved the shipper in this case. Spanish Editor Felipe Arizon comments here:
http://www.forwarderlaw.com/library/view.php?article_id=782

24 Hour Regulations On Export From Israel To Europe Have Entered In Effect

New EU regulation (Entry Summary Declaration) requires carriers (both air and sea) to report their manifest 24 hours prior to export or loading shipments bound or passing through the EU. To learn how this impacts Israeli (and other) exporters to the EU see:
http://www.forwarderlaw.com/library/view.php?article_id=781

General

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