Dear readers, below you will find summaries of articles of interest published to www.Forwarderlaw.com in April 2013.
Parked Freight: the Legal Issues of Storage and Distribution Logistics
In his four part article, Steve Block outlines legal concepts which govern warehousing, with emphasis on the contrast between warehousing and transportation law. Focus is placed on warehousing contracts as part of the logistics aspect of distribution relationships,
and how provisions of law governing this sector mesh, or sometimes collide, with statutes and interpretative case law applicable to transportation. To learn more about “parked freight”, read on:
http://www.forwarderlaw.com/library/view.php?article_id=887
The Nature of the Air Cargo Fuel Surcharge
Is an air cargo fuel surcharge a tax or a commercial charge? Can a freight forwarder charge fuel surcharges according to the chargeable weight of the cargo to their client while the freight forwarder actually pays fuel surcharges to the airline according
to the actual weight of the cargo? To find out the answer under Israeli law found in a recent case wherein Roy Gilad, one of our Israeli Members, represented the freight forwarder here:
http://www.forwarderlaw.com/library/view.php?article_id=891
The Costa Concordia disaster: court considerations one year later
Looking back one year later, Claudio Perrella, our Member for Italy reviews the status of settlements, pending claims, liability regimes, liquidation of damages, claims by foreign nationals and the likely claim to be brought by Giglo, the local municipality.
To find out what’s settled and what remains outstanding, read more here:
http://www.forwarderlaw.com/library/view.php?article_id=890
Enforcement of foreign court interim decisions in Ukraine: not so simple!
Recognizing final judgments in a foreign jurisdiction is an important consideration in any litigation. Depending upon the facts of the case, it may be equally important to determine whether an interim order, arresting the assets of a foreign entity in their
home country will be upheld in that country. Alexander Chebotarenko and Karyna Gorovaya of Interlegal Ukraine demonstrate that the answer is not so easily answered in the Ukraine. After an appeal from a decision by the Golosiivskii District Court of Kyiv,
a case delving into this very question has now been sent back for reconsideration, with hopes that the question will be more definitively answered when re-examined by the court. Read more here:
http://www.forwarderlaw.com/library/view.php?article_id=889
Is a marine carrier obligated to effect customer’s request for change of consignee?
An Israeli appeal to the Supreme Court leaves the question of whether a change of consignee is required unanswered, as outlined by our contributors Gill Nadel and Omer Wagner. Their client, an exporter, recently faced a demand by a shipping company for 200%
of the stated worth of the goods as a condition for changing the name of a consignee. Read more here to find out why the Supreme Court was unwilling to provide direction on this question and left many questions for future discussion:
http://www.forwarderlaw.com/library/view.php?article_id=888
General
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