Dear readers, below you will find summaries of articles of interest published to www.Forwarderlaw.com in February 2013.

Classification Societies probably don’t have obligations to third parties…
…but even if they do have such obligations, third parties asserting claims will find the ‘reckless misconduct’ standard hard to meet. That’s the lesson Steve Block, our Member for the US on the west coast, took from Spain’s attempt to recover damages from the ABS arising out of its alleged responsibility for certifying an unseaworthy vessel. Get the details here:
http://www.forwarderlaw.com/library/view.php?article_id=874

The Iolcos Celebrity: Liability Insurer to pay for the charterers’ claim against stevedores for salvage costs
Member for Spain Felipe Arizon details a recent Court of Appeal judgment affirming the October trial decision in the Iocolos Celebrity in which Arizon Abogados SLP acted for the stevedoring firm.
http://www.forwarderlaw.com/library/view.php?article_id=880

Italian Supreme Court on Jurisdiction Clauses
In the long running dispute between the insurers of the Front Comor and its owners West Tankers, the most recent battle was fought before the Italian Supreme Court on the question of the validity of the jurisdiction clause in the LoU. Our Member for Italy Claudio Perrella provides this update:
http://www.forwarderlaw.com/library/view.php?article_id=877

Status of the Bill of Lading under Irish Law
The bill of lading is still the most widely used and most widely misunderstood transport document. Helen Noble, our member for Ireland, reviews the law on Bills of Lading in Ireland, including key differences with UK law.
http://www.forwarderlaw.com/library/view.php?article_id=879

Arrest of Ships in India
Last month our new member for India, Harsh Pratap, explained why India is an increasingly popular jurisdiction for arrest. This month he discusses the procedural requirements:
http://www.forwarderlaw.com/library/view.php?article_id=878

The right of Lien of Forwarders and Carriers
Forwarders will often face the assertion of lien rights by carriers, and may want to enforce similar rights themselves. Gil Nadel and Gilad Paz discuss the right of lien under law and under contract and describe recent Isreali cases showing the principles at work:
http://www.forwarderlaw.com/library/view.php?article_id=876
Adv. Nadel and Paz also describe a claim where a forwarder responsible for importing household goods required the customer to sign a liability waiver – releasing the forwarder from any claims – prior to effecting release. Would the Court allow the forwarder to rely on the waiver when the customer claimed damages? Find out here:
http://www.forwarderlaw.com/library/view.php?article_id=881

General

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--
Gavin Magrath, Barrister
Magrath O'Connor*
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