Forwarderlaw E-news: March 2012
A happy and
prosperous Spring to all our readers in the Northern hemisphere! Below you will
find summaries of articles of interest published to www.Forwarderlaw.com in
the last month:
Rule B Attachment
v Remedies of Foreign Liquidator
While the
insolvency of one party in the value chain causes problems for all,
insolvencies are governed by the law of the bankrupt’s jurisdiction. What
remedies do the liquidators or trustees have over assets in a foreign
jurisdiction, and can they enforce those rights over an innocent creditor of
the bankrupt who seizes those assets through legal process? Arnold van
Steenderen, our Member for the Netherlands, reviews just such a recent case:
http://www.forwarderlaw.com/library/view.php?article_id=813
You Snooze,
You Lose: how the passage of time can bar maritime claims
America, like
most jurisdictions, has a Statute of Limitations that serves to put an
expiration date on potential claims. These rules do not apply equally – or even
at all! – to different kinds of dispute. Where the legislature is silent, the
courts will refer to the ancient equitable doctrine of ‘laches’ to determine
when a claim has been left too long. Steve Block, our Member on the US West
Coast, provides this recent update from his Legal Lookout column:
http://www.forwarderlaw.com/library/view.php?article_id=815
Marine
Transport Developments in Ukraine: 20 years of independence
The historic
anniversary of Ukraine’s independence provides an opportunity to assess developments
over the last 20 years. As our Ukraine Member Arthur Nitsevych reports,
progress has been a mixed bag. For his review of the successes and failures,
click here:
http://www.forwarderlaw.com/library/view.php?article_id=812
Claim for
misdelivery fails where receiver presents OBL
Misdelivery
claims often arise where goods are delivered without presentation of an OBL.
But what about the case where a third party does present an OBL – and
then the customer or true owner asserts a claim? Advocates Schmuel and
Grossman, our Israel Members, review a recent case from the Acre Magistrate’s
court confirming the reasonable release of cargo against original documents:
Many readers may
be aware of the conflict in Nigeria between rival organizations purporting to
represent the interests of the Nigerian forwarding community. After two years
of litigation, including action at FIATA, the dispute between the CRFFN and
NAGAFF has been resolved and the result, according to Valentino Buoro, will be
a new dawn for forwarding in the country:
http://www.forwarderlaw.com/library/view.php?article_id=816
General
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