Charterparties (Part 2)
Following his recent articles on Bills of Lading and Charterparties our U.K. member Paul Bugden takes a more specific look at the law and practice of time and demise charterparties. To learn more click here:
http://www.forwarderlaw.com/library/view.php?article_id=886Competitors of a said-to-be fraudulently documented water carrier have no private right of action under state law
Steve Block, our U.S. contributor reviews the case of Offshore Service Vessels, LLC, et al. v. Surf Subsea, Inc. in which a group of U.S. marine transport service providers brought a claim against an apparently fraudulent entity who obtained an endorsement under the Jones Act to operate as a domestic vessel in U.S. waters, despite allegedly being a foreign operator. To learn more about why there is no private right of action in this scenario read here:
http://www.forwarderlaw.com/library/view.php?article_id=882Forwarder is not responsible for delay damages to produce
What happens when agricultural product is delayed at port of delivery due to an error in delivering the release documents? As always, finding a causal link between the damage and the delay was an important finding for the court in rejecting a recent claim in Tel Aviv as explained by our Israel member Roy Gilad:
http://www.forwarderlaw.com/library/view.php?article_id=885Effects under Irish Law of a contractual limit in the bill of lading
There have yet to be any reported decisions in Ireland on the effect of a contractual provision purporting to limit liability below the limits stipulated in the Hague-Visby Rules. Helen Noble, our member for Ireland, reviews the relevant Irish legislation and decisions and discusses her conclusions here:
http://www.forwarderlaw.com/library/view.php?article_id=884Can importer be bound to the terms of an international bill of lading?
An international carrier recently faced a claim in Haifa by an importer who alleged they were not bound by the limitation period of one year adopted by the carrier into their marine bill of lading and alternatively sought not to be bound by the limitation period in the bill of lading for claims allegedly outside its purview. Gil Nadel reviews the court’s decision to throw out the importer’s claim and award costs to the carrier:
http://www.forwarderlaw.com/library/view.php?article_id=883General
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Gavin Magrath, Barrister
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