Maritime law applies to ships – a simple proposition that is surprisingly complicated. A recent case involving a spar, which could theoretically navigate but in fact had been firmly anchored to the sea bed for years, highlights the difficulties in applying a common sense principle. Gavin Magrath, General Editor and Member for Canada, reviews a recent decision of the U.S. 5th Circuit Court that grappled with the issue:
http://www.forwarderlaw.com/library/view.php?article_id=839
Arnold J. van Steenderen reviews Traxys Europe S.A. et al/Transportbedrijf A. Maat B.V. in which the Supreme Court of the Netherlands was again called upon to come to the rescue of the carrier that in vain had tried to rely on its limited liability under art. 23 CMR. National definitions of intentional gross negligence under the CMR have been varied and led to forum shopping by carriers for the most favourable definition. Find out whether the Netherlands’ is the right forum for limited your liability:
http://www.forwarderlaw.com/library/view.php?article_id=842
Paul Bugden continues his series on demurrage claims, this month reviewing the important considerations for demurrage under Voyage Charterparties. One very important concept is contractually defining laytime. When does laytime commence? How much laytime is allowed? When does demurrage begin? What does “once on demurrage always on demurrage” mean? For answers to these important questions read on:
http://www.forwarderlaw.com/library/view.php?article_id=841
When does the period of responsibility of the carrier for the goods under the contract of carriage come to an end if delivery is impossible or refused? How can a carrier prove that delivery occurred, was refused or was impossible? Sebastiaan H. Barten of Van Steenderen Mainport lawyers reviews the recent Dutch case of the Stainalloy/Tele Tegelen which addresses the definition of “delivery” for road carriers under Dutch law. The case is important internationally since the Court finds that the definition of delivery is the same under Dutch law as it is under the Convention on the Contract for the International Carriage of Goods by Road (CMR). To learn more, read on:
http://www.forwarderlaw.com/library/view.php?article_id=840
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Gavin Magrath, Barrister
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