Welcome: Dr. Remiorz, New Member for Germany!
Forwarderlaw would very much like to welcom Dr. Marcus Remiorz of Dabelstein + Passehl, Hamburg, as our new member for Germany:
http://www.forwarderlaw.com/members/index.php?country=7
Bills of Lading and Charterparties
Paul Bugden, our UK Member, provides us with two articles, each focusing on one of the key documents underlying almost all cargo movements. The first discusses the many functions and features of Bills of Lading:
http://www.forwarderlaw.com/library/view.php?article_id=858
The second addresses the Charterparty, sometimes the only alternative for bulk, heavy lift, or other unusual voyages:
http://www.forwarderlaw.com/library/view.php?article_id=862
COGSA can contractually kick in only after carrier takes custody
Much case law in the US focuses on the applicability of the provisions of COGSA to connecting or preceding elements of a carriage through Himalaya or Paramount clauses. Can the protections of COGSA apply even when the carrier never takes custody? US West Member
Steve Block examines a case where an imposter stole cargo prior to delivery up to the carrier, raising just such an issue, in this article republished from his monthly Legal Lookout column:
http://www.forwarderlaw.com/library/view.php?article_id=857
The Perils of Rail Tariffs
In Canada, as many nations, rail carriage is heavily regulated. Rail carriers frequently incorporate charges and limitations through the imposition of a ‘tariff’, incorporated by reference into confidential service agreements with large shippers and forwarders.
To what extent are fuel surcharges and similar tariff items a component of freight charges, and what recourse do shippers have in respect of such charges? These issues have been at the forefront of a four-year legal battle which is still far from over, though
the end may be in sight. General Editor Gavin Magrath reviews the extensive history of the case here:
http://www.forwarderlaw.com/library/view.php?article_id=861
Enforcing Shipping and Commodity Awards in Italy
Enforcement of foreign judgments can be complicated and difficult in Italy, where courts have given a narrow interpretation to Article II(2) of the New York Convention 1958. While this position is gradually changing, there are specific steps - from contract
formation through arrest – that parties should take to protect their rights and recovery. Claudio Perrella, our member of Italy, outlines the key processes and procedures here:
http://www.forwarderlaw.com/library/view.php?article_id=859
Current Challenges in Shipping law – The Ukrainian Response
Ukraine has the potential for substantial marine development, with 20 commercial sea ports and a key regional position. In the 20 years since independence, however, there has been a reduction in shipbuilding and other marine activity and the government has
been making legislative and policy moves to strengthen the industry and address the challenges. Nikolay Melnykov + Vyacheslav Lebedev of International Law Offices (Interlegal) provide this review:
http://www.forwarderlaw.com/library/view.php?article_id=860
General
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