Forwarderlaw E-news: February 2012
A happy February 29th to
all our readers, new and old. Below you will find summaries of articles of
interest published to Forwarderlaw.com in the last month:
The Costa Concordia accident:
the liability issues from an Italian perspective
Italian Editor Claudio Perella
provides useful insight into the relevant liability regime which may apply to
the Costa Concordia tragedy including liability for passenger claims, salvage
and spillage of bunker oil. The International Convention on Travel Contracts,
Athens Convention, Limitation of Liability of Maritime Claims, Bunker Oil
Convention 2001 and domestic Italian law are considered with a comparison
between the Italian Navigation Code and the Conventions. Read on to learn how
Costa Crociere S.p.a may face unlimited liability for passenger injuries or
deaths.
http://www.forwarderlaw.com/library/view.php?article_id=811
The Discretionary Function
Exception to Uncle Sams Waiver of Sovereign Immunity Shields Coasties from
Liability
US Editor Steve Block reviews the
principles set out in a new Ohio case (re Steinle, Jr., et al.,
2011 WL 6153122 (N.D.
Ohio 2011) outlining a balance between the U.S. Coast
Guard`s liability under the Suits in Admiralty Act, 46 USC
20901, et seq (SAA) and the Discretionary Function Exception. U.S. Courts have
carved out an exception for government liability in cases where enforcement is
discretionary as opposed to mandatory. The court was faced with the question of
whether the U.S. Coast Guard should be liable for failing to enforce a lighting
provision under the Inland Navigation Rules which contributed to a death in a
boating accident in Sandusky Bay.
http://www.forwarderlaw.com/library/view.php?article_id=810
The carriers lien under Spanish
Law; the new regime of the 15/2009 Carriage of Goods by Land Act.
Historically, carriers have had
difficulty enforcing in their right to a lien for unpaid services in Spanish
courts despite their clear legal right to do so. The Carriage of Goods by
Land Act passed in 2009 now applies to all domestic carriage of goods
domestic carriage of goods by road, rail, fluvial and multimodal transport and
introduces a legislated right to a lien on cargo carried. Dr. Felipe Arizon, our Editor for Spain, describes the rights of such
a lienholder along with the other additions to transport law under this
legislation including liability limits for damages goods, time limitations and
reserves.
http://www.forwarderlaw.com/library/view.php?article_id=809
London Maritime Arbitration
(Part 3)
UK Editor Paul Bugden brings us the final part
of his excellent primer on Maritime Arbitration in London. This edition
addresses the award and reasons, the tribunal fees, release of awards, costs,
publications of decisions and appeals.
http://www.forwarderlaw.com/library/view.php?article_id=808
While limitation on liability is a
significant area of law for carriers, it is sometimes forgotten that other
parties involved in the transport of goods also use various techniques to limit
their liability. Recent U.S. case Coutinho & Ferrostaal, Inc. v .M/V
FEDERAL RHINE, et al., 2011 WL 3267210 (D. Md. 2011) deals
with the liability of a warehouse for damages potentially sustained to cargo
while in storage. US Editor Steve Block .
http://www.forwarderlaw.com/library/view.php?article_id=807
General
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