Dear readers, a very happy new year to you all! Below you will find summaries of articles of interest published to www.Forwarderlaw.com in the last month.
Welcome Dr. Marcos Remiorz, Member for Germany
I’m pleased to welcome Dr. Marcos Remiorz of Dabelstein + Passehl, Hamburg, as our new member for Germany. His first contribution is a review of a Hamburg case invalidating a clause exempting the carrier from damages caused by delay:
http://www.forwarderlaw.com/library/view.php?article_id=870
Welcome Harsh Pratap, Member for India
I also would ask that you join me in welcoming the addition of Harsh Pratap of Classis Law, India, to our network. In his first contribution he notes that India is a growing arrest jurisdiction and reviews recent relevant case-law on arrest.
http://www.forwarderlaw.com/library/view.php?article_id=871
Map-21: New Surface Transportation Legislation Overcomes Political Obstacles
US Member Steve Block provides another edition of his Legal Lookout column dedicated to reviewing the “Moving Ahead for Progress in the 21st Century Act” (“MAP-21), which replaces SAFETEA legislation and promises to re-write the law of surface transport. Click here for his comments:
http://www.forwarderlaw.com/library/view.php?article_id=864
And in further contributions, Steve discusses product liability claims in the maritime law context, as well as a consignee’s liable for damage caused by improper packing:
http://www.forwarderlaw.com/library/view.php?article_id=867
http://www.forwarderlaw.com/library/view.php?article_id=863
Freight forwarder as Principal and Agent under Chinese Law
George Wang, our member for China (Beijing) reviews a recent case in which he acted for the respondents, and which considered the always crucial distinction between principal and agent. Click here for his review and comments:
http://www.forwarderlaw.com/library/view.php?article_id=872
In further developments from China, Wang Zhonghua and Tian Kun review a case of both-at-fault collision and the application of Chinese Limitations provisions, while Brazilian lawyer Eduardo de Goes comments on the limitation of NVOCC Liability under the Chinese Maritime Code:
http://www.forwarderlaw.com/library/view.php?article_id=873
http://www.forwarderlaw.com/library/view.php?article_id=865
Leave to Appeal Granted in Societe Telus Case
Readers may recall the case of the owner and master of the REALICE, who not once but twice cut an undersea cable that caught on his equipment while crab fishing in the St. Lawrence; he mistakenly believed the line was not in service but in fact caused millions in damages to the plaintiff telecom. The application of the limitation and the liability of insurers to provide coverage will both be issues before the Supreme Court.
http://www.forwarderlaw.com/library/view.php?article_id=869
Italian Supreme Court Confirms Stance on Punitive Damages
Claudio Perrella, our member for Italy, reviews a recent Supreme Court case in which a punitive damages award was struck down as being contrary to public policy:
http://www.forwarderlaw.com/library/view.php?article_id=868
The Warranties in your insurance policy may no longer matter!
Quintin Rares of Piper Alderman, Australia, notes that while insurers attempt to bind insureds with strict warranties, common law courts around the world have attempted to water down those efforts to the benefit of insureds. To find out more click here:
http://www.forwarderlaw.com/library/view.php?article_id=866
General
The articles posted to Forwarderlaw.com are republished with permission and reflect the views of the author(s) only. Nothing contained in this email or on the Forwarderlaw.com site constitute legal advice, no solicitor client relationship is established, and no person or party is intended to rely on any information provided here without obtaining specific legal advice from a lawyer properly called and qualified in their jurisdiction.
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Gavin Magrath, Barrister
Magrath O'Connor*
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