Dear readers, below you will find summaries of articles of interest published to www.Forwarderlaw.com in August 2013:
Is the Forwarder the Merchant or Holder of the Bill of Lading?
Broad definitions of the "Merchant" as the party responsible for bill of lading obligations are very common. When a consignment of 69 containers is stopped charges build quickly, and in a recent claim the carrier brought suit in France for their charges while the Canadian Forwarder filed suit in the Federal Court of Canada for an injunction protecting it and declaring it could not be responsible (as agent) for demurrage charges owed by its principal. General Editor and Member for Canada Gavin Magrath reviews this important conflicts case here:
http://www.forwarderlaw.com/library/view.php?article_id=903
Piracy: new rules on use of private maritime security companies
Piracy and security have become key issues for transport companies, but the retainer of private security forces is fraught with legal peril. The German Parliament recently approved new rules on the use of private maritime security companies on German flagged vessels; our Member for Germany Marco Remiorz provides his analysis here:
http://www.forwarderlaw.com/library/view.php?article_id=904
Recent Chinese Supreme Court Interpretation - changes in the subrogation regime?
The Chinese Supreme Court has recently published "The Interpretation (II) on Several Issues concerning the Application of the Chinese Insurance Law 2009" aims to provide a clearer judicial guidance of certain provisions of the Insurance Law 2009 and to balance the interests of the various parties to the insurance contracts, with a view to reinforcing the protection of consumers in the insurance industry. Member for China Ik Wei Chong discusses the new interpretation here:
http://www.forwarderlaw.com/library/view.php?article_id=906
Are Port fees recoverable from Customs Agent?
The cargo is customs cleared, duties are paid, and the cargo is released. Then the Customs Broker, as the agent that paid the fees, faces a demand for additional payment from the customs authorities. And when the broker has a bank clearing system for processing those payments, the authority may not only demand but take payment. Roy Gilad, one of our Members for Israel, reviews a recent Israeli Supreme Court case on this matter here:
http://www.forwarderlaw.com/library/view.php?article_id=905
Cross Border Insolvency: When Theory Meets Practice
Prior to the bankruptcy of the Korean company STX, a vessel belonging to STX had been arrested in New Zealand. The receivers in Korea wish to realize on the asstes in favour of creditors, while the parties arresting the vessel want to preserve their Admiralty rights by ensuring the vessel is not amongst the disposable assets. How would you decide? Our Member for New Zealand provides her comment here:
http://www.forwarderlaw.com/library/view.php?article_id=907
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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