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:
TSA sets 3 December 2012 deadline for 100% Air Cargo Screening
A new deadline for screening of 100% of U.S. bound air cargo has now been set. This is the third deadline since the TSA has attempted to implement the screening policy and some believe it is impractical.
http://www.forwarderlaw.com/library/view.php?article_id=830
Demurrage claims under bills of lading
Demurrage can quickly become an expensive area of liquidated damage, and demurrage claims arising under bills of lading is the focus of this article from our London member Paul Bugden. Simply including a demurrage clause in a bill of lading may not be enough to satisfy a claim for this type of damage. Further, shippers may become liable for demurrage charges even where they do not hold the bill of lading. Read this article to understand your liability for demurrage claims:
http://www.forwarderlaw.com/library/view.php?article_id=824
A consignee isn’t liable for damage to carriers’ equipment caused by bad packaging; or Ocean Transportation Intermediaries’ oft ambiguous role revisited
Steve Block, our U.S. west coast member, reviews the U.S. District Court for the Northern District of Illinois’ recent decision in [i]Kawasaki Kisen Kaisha, Ltd., et al. v. Plano Molding Co.[/i] , 2011 WL 3163578 (N.D. Ill. 2011), which addresses the question of whether a consignee should bear ultimate responsibility for losses allegedly caused by improper cargo packaging. A derailment in Illinois was the setting for an attempt by two carriers to hold a consignee liable for improper loading. Read on to learn whether consignees may be liable, even where they have no part in loading the cargo:
http://www.forwarderlaw.com/library/view.php?article_id=829
Recent Danish Caselaw: NSAB 2000 Clause 23, Governing Law when using several modes of transport
Two recent decisions in the Denmark Supreme Court and Maritime and Commercial Court highlight concerns about the effectiveness of clause 23 of the General Conditions of the Nordic Association of Freight Fowarders (NSAB 2000), demonstrating that the Danish Court’s basic approach is that the contracting carrier should contract 'back-to back' and must take the risk if he fails to do so. For a review of both cases click here::
http://www.forwarderlaw.com/library/view.php?article_id=826
The new CIETAC Arbitration Rules 2012
The China International Economic and Trade Arbitration Commission has released the new 2012 Rules which shall be effective as from 1 May, 2012. Our Shanghai member Ik Wei Chong reviews the major changes including: dismissal of a case based on lack of jurisdiction, consolidation of arbitrations, interim measures, examination of the evidence, summary procedure, language and certain time limits. To learn about these important click here:
http://www.forwarderlaw.com/library/view.php?article_id=828
General
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Gavin Magrath, Barrister
Magrath O'Connor
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