Forwarderlaw E-news: May 2011

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

Agents Liability for Storage

Forwarders and Customs Agents usually believe they are acting as agents only, and that charges incurred by them with third parties are payable by their principal, the shipper or consignee. However, when a dispute over these charges arrives before the Court, the issue of whether the forwarder was acting is principal or agent will be determined by law on the facts of the particular case. The result may be a nasty surprise for the innocent agent. Gill Nadel reviews such a recent claim here:
http://www.forwarderlaw.com/library/view.php?article_id=766

Storage of Dangerous Goods: To Intervene or Not to Intervene?

The international trade in chemicals frequently involves storage of dangerous goods. Under Dutch law, the possessor of dangerous goods is strictly liable should the particular damage materialize. This strict liability shifts to the professional storage facility once it stores the goods and the (original) possessor is released from potential liability. Or is it? For more click here:
http://www.forwarderlaw.com/library/view.php?article_id=763

Choose your Jurisdiction Carefully!

Application and enforcement of jurisdiction clauses is frequently important to our readers no moreso than when delinquent customers in faraway lands obtain very favourable local Court Orders and attempt to enforce them. Such was the case for Maersk, which recently had to attend at the English High Court to avoid the application of a punitive judgment obtained by a customer in Benin. Maurice Lynch of Piper Alderman reviews the decision and its significance here:
http://www.forwarderlaw.com/library/view.php?article_id=764

Tips for Ukrainian Shipping

Ukraine, which once boasted one of the worlds largest shipping fleets, has failed to undertake significant reforms in the last 20 years with the result that the industry is now a minefield for foreign and local undertakings alike. Arthur Nitsevych and Alexander Chebotarenko canvass the key issues facing Ukrainian shipping:
http://www.forwarderlaw.com/library/view.php?article_id=765

Is there a limit to an interest rate?

Many jurisdictions impose limits on interest rates (often referred to as usury). Advocate Gill Nadel reviews a recent case before the Israeli Courts in which a documentary case for a debt was stalled by the issue of improper interest:
http://www.forwarderlaw.com/library/view.php?article_id=762

General

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Gavin Magrath
Magrath O'Connor LLP

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