Dear readers, below you will find summaries of articles of interest published to www.Forwarderlaw.com in the last month:

 

Arbitral Institutions at War: Beijing v Shanghai and Shenzhen

 

On 1 August 2012 the China International Economic and Trade Arbitration Commission (“CIETAC”) issued an announcement apparently suspending the operation of CIETAC Shanghai and CIETAC South China. The regional bodies responded that they are independent institutions established with the approval of local authorities and their arbitral authority derives from the agreement of the parties and not from CIETAC. Our Shanghai Member Ik Wei Chong provides essential background and valuable practical advice:

http://www.forwarderlaw.com/library/view.php?article_id=847

 

Improper Subcontracting prevents carrier recovering freight

 

Disputes over freight charges frequently focus on freight paid to a broker or other intermediary that becomes insolvent or absconds with the funds; the Courts must decide between leaving an unpaid carrier or requiring the consignee to pay twice. In Canada both the common law and legislation protect the delivering carrier’s right to collect freight from a property-acquiring consignee. General Editor Gavin Magrath reviews a recent case that considered whether illegal subcontracting disentitled the carrier from those protections:

http://www.forwarderlaw.com/library/view.php?article_id=851

 

Who Ordered this Conveyance? Carrier v Customs Agent

 

Forwarders frequently face problems of principal-and-agent when obtaining services on behalf of their clients. But what happens when a client themselves requests services from a third party? Gil Nadel reviews a decision of the Magistrate’s Court at Ashdod that considered just that issue, as well as practical considerations of legal burden and evidentiary burden at hearings. For his review click here:

http://www.forwarderlaw.com/library/view.php?article_id=848

 

Supreme People’s Court of P.R. China clarifies Maritime Issues

 

On 18 July 2012, the National Conference on Maritime Trials was held by the Supreme People’s Court of the People’s Republic of China (“SPC”). At the Conference, the SPC clarified eleven issues regarding the trial of maritime cases. The Court issued guidelines in respect of choice of law, arbitration, short-sea and international carriage of goods, arrest, oil pollution, and many others. Wang Zhonghua provides this overview:

http://www.forwarderlaw.com/library/view.php?article_id=850

 

General

 

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--
Gavin Magrath, Barrister
Magrath O'Connor*
73 Richmond St. West, Suite 306
Toronto, ON, M5H 4E8, Canada

gavin@magrathoconnor.com
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*Lawyers practising in association, not in partnership.
-Please consider the utility of hard copies before printing.