Forwarderlaw E-news: April 2012
Welcome to all
our new readers and warm greetings to our old! Below you will find summaries of
articles of interest published to www.Forwarderlaw.com in the last month:
Supreme
People’s Court of China Promulgates Freight Forwarding Provisions
Chinese Courts
deal with many freight forwarding claims, and the Shanghai Courts in particular
have developed regional expertise and practice. Now, the views of different
Courts and stakeholders have been united in new Provisions governing freight
forwarding disputes, which come into force on 1 May 2012. George Wang, our
Member for China (Beijing), outlines the key provisions in a must-read article
for everyone doing business in China:
http://www.forwarderlaw.com/library/view.php?article_id=821
Belgian
Maritime Law Association Seminar
To mark the
diamond anniversary of the Arrest Convention, the Belgian Maritime Law Association
will organise a one-day seminar in Antwerp on May, 10th 2012. For more
information click here:
http://www.forwarderlaw.com/library/view.php?article_id=818
Ship
Mortgages in the People’s Republic of China
Returning to the
China trade, Forwarderlaw Member for China (Shanghai) Ik Wei Chong provides
this review of the law governing ship mortgages – still the cornerstone of
vessel financing and security. With China opening up trade in the RMB,
increased interest in vessel financing is sure to follow, making this an
invaluable guide:
http://www.forwarderlaw.com/library/view.php?article_id=820
The Freight
Forwarder: Between a rock and a hard place?
In the
Netherlands as in the rest of the world, Forwarders face a variety of
liabilities including, potentially, both liability as principal and agent.
Courts will look to the facts of the case and the contract between the parties,
and therefore forwarders should ensure they are using well-drafted standard
contractual language, like the FENEX conditions, and more importantly must
ensure that those conditions are communicated in such a way that they will be
upheld by the Courts in the event of a dispute. Marieke G. van den Dool and
Jennifer L. Hoovers provide this review of domestic issues that are mirrored in
forwarding disputes around the world:
http://www.forwarderlaw.com/library/view.php?article_id=817
Which side bears
the burden of proof can be determinative in many disputes. Although in general
the person bringing a claim has the burden, this burden has been shifted to
defendant carriers through a ‘strict liability’ regime. But what about when a
carrier proves its diligence or establishes a good defence? Like a game of ping
pong, COGSA establishes a regime where the last player serving frequently aces
their way to victory. In last month’s instalment of his Legal Lookout column,
US Member Steve Block reviews the recent New York case of OOCL v Crystal Cove:
http://www.forwarderlaw.com/library/view.php?article_id=822
General
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Magrath O'Connor*
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