Dear readers, below you will find summaries of articles of interest published to www.Forwarderlaw.com in July 2013:
Reform of German maritime law
A fundamental reform to the German Commercial Code (Handelsgesetzbuch, “HGB”) ensures Germany remains a Hague Rules state although many substantive changes to the Code are relevant for forwarders and are concisely reviewed by Marco Remiorz, our Member for
Germany, here:
http://www.forwarderlaw.com/library/view.php?article_id=900
Federal Court of Appeal extends application of Hague-Visby Rules in Canada
The Canadian Marine Liability Act incorporates the Hague-Visby Rules not only for international carriage but also, in certain circumstances, in respect of carriage of goods domestically. The decision of the Federal Court of Appeal in
Mercury XII (Ship) v. MLT-3 (Belle Copper No. 3) , 2013 FCA 96 may impose a broader application of the Hague Visby Rules in domestic carriage than international carriage contracts. Gavin Magrath., General Editor and Member for Canada reviews the case
here:
http://www.forwarderlaw.com/library/view.php?article_id=902
Cross border Insolvency: An impediment to a ship arrest in Australia?
An interesting decision by the Australian Federal Court puts into question whether the courts will enforce an arrest of a ship in Australia when insolvency proceedings exist against the owner in another jurisdiction. Frazer Hunt and Maurice Lynch explain
that this new decision appears to open the door, at least for some types of
in rem proceedings, to enforce the arrest of a ship.
http://www.forwarderlaw.com/library/view.php?article_id=901
A change in the tides or a drop in the ocean: how will a recent decision by the Suzhou Intermediate People's Court affect arbitration in China?
Enforceability is of central importance for the successful party of an arbitration. Ik Wei Chong, our contributor from Shanghai, highlights a recent decision by the Suzhou Intermediate People’s Court disallowing the enforcement of an arbitration award of
the newly formed arbitration body known as SHIAC. To find out why the award was not enforceable and what this means for parties considering this arbitration body read here:
http://www.forwarderlaw.com/library/view.php?article_id=899
General
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