Newsletter

Title: Difference in Terms

Author: M.Jagannath
Date: July 12, 2017

Talk given at Lloyd’s Asia, Singapore - 12 July 2017

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Title: Transport Liability Claims Handling – Front Foot or Back Foot?

Author: M. Jagannath
Date: July 10, 2017

What is the best way to deal with a Transport Liability Claim? Should Carriers / Transporters and their Insurers (“TLO”) be involved when the loss is developing? Or should they wait for a claim to be submitted by the claimants? This article will consider these issues and argue that it would be best to be involved as the claim develops so as to minimise any exposure.

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Title: Confidentiality in Arbitration – boon or bane?

Author: M.Jagannath
Date: May 31, 2017

One of the advantages of Arbitration is that it is confidential in nature and that parties can arbitrate their disputes without this being available in the public eye (which is not available under the court system). Is this really a benefit? This article considers issues arising out of this “implied confidentiality” and argues that it is best for parties to expressly decide as to whether they wish this confidentiality to be retained.

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Title: LOI for Dummies

Author: M Jagannath
Date: May 25, 2017

Presentation given to the Singapore Branch of Institute of Chartered Shipbrokers on 24 May 2017

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Title: Hague / Hague Visby Rules - Can limitation be denied?

Author: M.Jagannath
Date: May 15, 2017

The focus of the article is to consider the limitation entitlements available to Carriers under The Hague and The Hague Visby Rules and whether this could be denied by Cargo Interests / Underlying Carriers.

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Title: Mediation for Shipping / Maritime Disputes

Author: M Jagannath
Date: April 10, 2017

We had recently attended two events in which there were serious and vigorous discussions on Mediation. While Mediation has a significant role to play in resolving shipping and maritime disputes, it would be too simplistic to consider this in every dispute. This article argues that while Mediation may be one of the ways to deal with a shipping and maritime dispute, it may need to be coupled with other dispute resolution methods to be successful.

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Title: Insurance Act 2015 & Enterprise Act 2016 – did it change anything?

Author: M Jagannath
Date: February 26, 2017

In our earlier article on “Pay to be Paid rule – An Anachronism?” we had suggested that with the implementation of the Insurance Act 2015, the "Pay to be Paid" rule found in P&I Club Rules would become redundant. We have since been advised by one of our readers that the P&I Clubs have incorporated provisions to oust the application of both the Insurance Act 2015 and the Enterprise Act 2016. This article considers the effect of the Acts in such circumstances.

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Title: Are we ready for the next one?

Author:
Date: February 22, 2017

Presentation given on the Subject "Insolvency in Shipping" at the Maritime Knowledge Shipping Session 34 on 21 Feb 2017 conducted by General Insurance Association of Singapore and Singapore Maritime Foundation.

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Title: Pay to be Paid rule – An Anachronism?

Author: M.Jagannath
Date: January 25, 2017

This article will consider the effect of the “Pay to be Paid” rule found in the Rules of the P&I Clubs and whether the protection granted to the Clubs in case of insolvency of the Member survives after the implementation of the Insurance Act 2015.

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Title: Interest & Cash Deposit - York Antwerp Rules

Author: M Jagannath
Date: November 29, 2016

One of the changes in the York Antwerp Rules 2016 vis-à-vis the earlier Rules is the provision of interests to be on the basis of a 12 month LIBOR rate for the currency in which the adjustment is prepared + 4%. This article will consider the interest and the provision of cash deposits in the various York Antwerp Rules (1974, 1994, 2004 and 2016) to consider whether parties making cash deposits can maximize their interest recovery by funding the GA.

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Title: The Hanjin Debacle - 2

Author: M Jagannath
Date: October 23, 2016

This is a continuation of our earlier article “The Hanjin Debacle -1”. By way of an update, we understand that barring a few Hanjin vessels under arrest, containers have been discharged by Hanjin at various ports and they have asked cargo interests to take delivery. This concluding part will consider the interests of the Contractual Carriers / Actual Carriers (Freight Forwarders, Feeder Operators & Time Charterers), Owners and Port / Terminal Operators.

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Title: The Hanjin Debacle - 1

Author: M Jagannath
Date: September 28, 2016

Hanjin’s bankruptcy has been in the limelight for quite some time. The management of Hanjin are making arrangements to discharge the cargo on board the vessels at the nearest port so as to terminate the voyage. However, some Hanjin vessels are still under arrest and we are yet to see how the issues of various interests are resolved. The purpose of this article is to consider the issues arising out of this recent debacle.

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Title: Risk Management - Cargo Surveying

Author: M.Jagannath
Date: September 21, 2016

Presentation given at IIMS Dubai on 19 Sep 2016

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Title: Arbitration for Liner Contracts

Author: M.Jagannath
Date: September 21, 2016

Presentation given at ICS Middle East Branch on 18 Sep 2016

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Title: Arbitration for Liner Shipping

Author: M.Jagannath
Date: August 30, 2016

Presentation given in Seminar on "Interfacing Shipping & Services" organised by Institute of Chartered Shipbrokers - East India Branch at Kochi on 27 Aug 2016

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Title: Arbitration for Liner Contracts - 2

Author: M.Jagannath
Date: August 20, 2016

This is a continuation of our earlier article (Arbitration for Liner Contracts) which argued that Arbitration is indeed suitable for Liner Contracts. In this article, we look at the possible issues which may arise with respect to enforcement of arbitration clauses in Liner Contracts.

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Title: Road Haulage Risks

Author: M Jagannath
Date: July 29, 2016

Service Providers (Contractual Carriers and Freight Forwarders) may provide haulage services (Road/Rail or Water) in addition to the Ocean carriage. This article focuses on Road haulage provided by the Contractual Carriers (“CC”) and / or Freight Forwarder (“FF”) to facilitate the transportation of goods from the hinterland to the port.

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Title: Bills for Ladings for Dummies

Author: M Jagannath
Date: June 27, 2016

Presentation given to the Singapore Branch of Institute of Chartered Shipbrokers on 23 June 2016

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Title: Arbitration for Liner Contracts

Author: M Jagannath
Date: June 27, 2016

Arbitration is invariably the default dispute resolution method for disputes arising under a Charterparty. However, for Liner contracts, we rarely see use of Arbitration and this may be due to the perceived imbalance between the parties and / or due to the dispute resolution clause not being individually negotiated. This article will argue that it is best for all parties (Cargo interests and Carriers) to agree for Arbitration to resolve their disputes, if any.

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Title: Mediation for Commercial Shipping Disputes

Author: M.Jagannath
Date: May 31, 2016

While businesses work certainly better without disputes, differences do arise leading to disputes. The various alternatives available to resolve disputes are Negotiation, Mediation (which is the purpose of this topic), Expert Determination, Arbitration and Litigation. There appears to be increasing attention on Mediation in commercial shipping disputes and this article will touch upon the reasons for this interest.

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Title: Variation of BIMCO Arbitration Clause & its effect

Author: M.Jagannath
Date: April 28, 2016

In a recent case (Shangang South – Asia (Hong Kong) Trading Co Ltd v Daewoo Logistics [2015] EWHC 194 (comm)) which dealt with the variation of the arbitration clause in Gencon C/P 1994, the English High Court held that the variation provided in the fixture note (clause 23) was inconsistent with the arbitration clause (clause 19) in Gencon C/P 1994 and due to which the appointment of the arbitrator was invalid.

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Title: Frustration and Force Majeure in Liner Contracts

Author: M.Jagannath
Date: April 20, 2016

This article focuses on frustration and force majeure provisions which may be available in shipping contracts such as slot charter parties. While frustration and force majeure appear to be similar in nature, the effect is different and the purpose of this article is touch on these aspects with respect to Container Liner Shipping.

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Title: Arbitrate Successfully

Author: M Jagannath
Date: March 12, 2016

Presentation made at the 2nd Annual Conference on Legal Issues relating to Shipping and Ports, 11 March 2016

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Title: Electronic Bills of Lading (eB/L) – Part 2

Author: M Jagannath
Date: February 25, 2016

We had earlier published an article on eB/L's in Sep 2014 and this is a continuation of the earlier article. This article will focus on the differences between paper and electronic Bills of Lading with particular reference to the Bolero platform.

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Title: Indonesian Language Law and its effect in Shipping Contracts

Author: M Jagannath
Date: January 27, 2016

In August 2015, the Indonesian Supreme Court upheld the ruling of the West Jakarta High Court in PT Bangun Karya Pratama Lestari v Nine AM Ltd (“Nine AM Case”), which nullified and voided a loan agreement between the parties. This was on the basis that the contract did not have an Indonesian version of the contract and therefore ran foul of the Law 24 of 2009 (“Indonesian Language Law”). This article discusses the possible effect in Shipping Contracts with Indonesian Entities.

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Title: Unintended Consequences of the Indian MTGA 1993

Author: M Jagannath
Date: December 22, 2015

This paper was presented at the All India Annual Conference on Risk & Marine Insurance on 19 Dec 2015 conducted at Tolani Maritime Institute, Pune

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Title: Should Customer’s / Shipment Information be provided to 3rd parties?

Author: M.Jagannath
Date: December 16, 2015

Some of our clients were recently approached by independent 3rd parties (who assist their clients to conduct due diligence / company search etc.) seeking details of some their customers together with details of some specific shipments effected. This article considers as to whether this information should be provided by a Carrier (Shipping Line and / or Shipping Agents) to an independent 3rd party.

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Title: Arbitration for Small Claims

Author: M Jagannath
Date: November 23, 2015

When parties are involved in negotiating shipping contracts such as charterparties, they often do not pay enough attention on dispute resolution including arbitration clauses. This is obviously understandable given that parties intend to work together for mutual benefit. However, disputes do occur and therefore it would be best to consider a proper dispute resolution clause prior to them arising to so as to avoid unnecessary issues.

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Title: GA & Salvage – Value of Containers – Part II

Author: M.Jagannath
Date: October 22, 2015

While writing the first part of this article in April 2015, we were under the impression that this aspect was not dealt with earlier. However, we have since come across an opinion by the Advisory Committee of the Association of Average Adjusters UK and therefore we felt it appropriate to broadcast the same so that readers can take benefit of the Association's advice.

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Title: NVO’s Liability and Equipment cover - issues which may arise due to separate covers

Author: M.Jagannath
Date: September 28, 2015

Non Vessel Operating Common Carriers (“NVO”) may use their own equipment / containers for the carriage of the goods. This article discusses issues which may arise due to the liability and equipment risks being covered under separate policies.

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Title: GA and Salvage Clause - What is its role in a Transport Liability Policy?

Author: M.Jagannath
Date: August 28, 2015

A Transport Liability Policy covers the legal and contractual liability of the Insured involved in transportation of cargo. As the cargo is not owned by the Insured, it is often thought that the GA and Salvage Clause is of no relevance.This article considers the application of a GA & Salvage Clause in a Transport Liability Policy and identifies scenarios when it would respond to provide security / contribution for the cargo contractually carried by the Insured.

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Title: NVOCC / Contractual Carriers – Cargo Claims Defence (2nd Part)

Author: M. Jagannath
Date: July 31, 2015

This article discusses the issues faced by NVOCC's in the defence of cargo claims. In the first part of the article, we had submitted that contractual carriers are entitled to i) Exclude Liability provided they could provide evidence that the Owners had fulfilled the requirements under Art III and IV of The Rules and/or ii) Limit liability as of right (except for reckless defence in the HV Rules)

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Title: NVOCC / Contractual Carriers – Cargo Claims Defence (1st Part)

Author: M Jagannath
Date: July 6, 2015

NVOCC would generally load their containers with feeder operators either on “use” or on “slot chartered" basis. With respect to loading on “use" basis, unless there are contractual terms specifically agreed prior to loading, the Bills of Lading issued by the feeder operator would normally evidence the terms of the contract of carriage. For "slot chartered" basis, feeder operators and NVOCC’s would be bound by the terms of the slot charterparty in place.

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Title: House Bills of Lading – are they a cause for concern?

Author: M. Jagannath
Date: May 26, 2015

We recently read an article which mentioned that there were additional risks associated with the issue of a House Bills of Lading (“HBL”) by a Freight Forwarder and / or NVOCC. The purpose of this article is to define what a HBL is and further argue that the risks associated with the issue of a Bill of Lading (“BL”) by a Freight Forwarder / NVOCC or a Main Line Operator is similar.

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Title: Risk Management in the Shipping Industry

Author: M Jagannath
Date: May 18, 2015

Presentation given at Institute of Chartered Shipbrokers, Dubai on 11 May 2015

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Title: Is the Equipment Policy a Valued or an Unvalued Policy?

Author: M Jagannath
Date: May 7, 2015

Recently, one of our readers of our previous article, GA & Salvage - Value of Containers, had posed a question relating to the reimbursement from the Insurers under the equipment policy as to whether it should be on the basis of Depreciated Value (“DV”) or Replacement Value (“RV”). The above article touches on these aspects and tries to answer as to whether an Equipment policy is a Valued or an Unvalued Policy.

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Title: GA & Salvage – Value of Containers

Author: M Jagannath
Date: April 13, 2015

In the container liner industry, containers are either owned or leased and operated by various parties. Following a General Average Incident, the Average Adjuster will seek details of the valuation of the containers loaded on board the vessel together with appropriate security for their release. This article explores the various values of the container and discusses on the correct value to be declared to the Average Adjuster.

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Title: Validity of Detention & Demurrage Clauses

Author: M.Jagannath
Date: March 30, 2015

The decision of MSC Mediterranean Shipping Company S.A. v Cottonex Ansalt appears to be the first English decision in relation to container demurrage. This article reviews the possible effect of the decision to Container Carriers.

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Title: Revised Freight Rates / GRI’s – are they valid?

Author: M Jagannath
Date: March 9, 2015

One of my friends recently contacted me over an issue which he faced with respect to shipment of two containers of personal effects. Once the containers were loaded, my friend’s forwarder advised him that the Container Carrier (“CC”) had imposed a General Rate Increase (“GRI”) over the earlier freight rates quoted. The GRI quoted was indeed substantial and therefore my friend contacted me to check whether such an increase could be introduced once the containers were loaded with cargo.

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Title: If requested by Shipper's, should Carrier's show additional details in their Bills of Lading?

Author: M Jagannath
Date: January 31, 2015

We have been asked regularly by our clients as to whether they should accede to the requests made by Shippers to incorporate details of the sale contract in their bills of lading. In this regard, our consistent advise has been that Carriers must resist incorporating such details in their bills of lading as they may have a bearing on their responsibility. We are writing this article to touch on the issues which may arise.

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Title: Container Operators – Trading to Iran

Author: M Jagannath
Date: January 9, 2015

There continues to be growing containerized trade between the Indian Sub-Continent/Middle East to Iran either for Iran or for other countries for which goods transit through Iran. While talks are on between the UN and other parties and Iran to resolve the issues relating to the sanctions imposed, the fact is that sanctions will be there for the foreseeable future. The purpose of this article is not to touch on the sanctions per se but to discuss various issues which may arise

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Title: Fiduciary Duty in the Transportation Industry

Author: M Jagannath
Date: November 29, 2014

This article discusses on the Fiduciary Duty of participants in the Transportation Industry at large

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Title: Would clausing the B/L “Container to be package for Limitation” be valid?

Author: M Jagannath
Date: November 15, 2014

This article discusses on the effect of the clause "Container to be package for limitation" in a Bill of Lading contract with reference to The Hague / The Hague Visby Rules.

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Title: ICC Clause 4.6 application for Container Shipments

Author: M Jagannath
Date: November 1, 2014

This article discusses on the exclusions available under Institute Cargo Clauses Cl.4.6, its implications to cargo assureds in the context of shipping cargo in containers.

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Title: Refrigerated Claims Handling

Author: M Jagannath
Date: October 17, 2014

Presentation given on 16th Oct 2014 at the Maritime Knowledge Shipping Session 29 jointly organized by the Singapore Maritime Foundation and General Insurance Association of Singapore

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Title: Electronic Bills of Lading

Author: M Jagannath
Date: September 10, 2014

This article discusses on Electronic Bills of Lading with reference to Paper Bills of Lading. Although there are many many providers of Electronic Bills of Lading such as Bolero, essDOCS, KTNET and ETitle, we contacted Bolero and essDOCS so that we could ascertain the differences between both a paper B/L and an electronic B/L.

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Title: Shipped on Board Date

Author: M Jagannath
Date: August 24, 2014

This article discusses on the relevance of Shipped on Board Date and the date to be reflected in the Bills of Lading.

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Title: Standard Trading Conditions and its importance to Transport Operators

Author: M Jagannath
Date: August 18, 2014

This article discusses on the importance of Standard Trading Conditions to International Transport Operators as it would assist them in dealing with the "before and after" problem which may arise.

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Title: Switch Bills of Lading - Revisited

Author: M Jagannath
Date: August 10, 2014

At the request of their customers, Carriers regularly issue Switch Bills of Lading. This articles touches on the risks together with the risk management procedures which should be considered by the Carriers prior to issue of any Switch Bills of Lading

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Title: Seaworthiness of Containers

Author: M Jagannath
Date: August 4, 2014

This article discusses on the duty of Container Operators to provide "seaworthy" containers and its effect under the contract of carriage. It also touches on the possible consequences for insured cargo interests should they not inspect the containers to consider their suitability prior to loading their cargoes.

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Title: Is limitation under the Hague Rules more generous than the Hague/Visby Rules?

Author: M Jagannath
Date: July 28, 2014

This article discusses the limitation of liability available under the Hague and Hague/Visby Rules. It also cites instances where limitation of liability under the Hague Rules may actually be better than the Hague/Visby Rules.

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Title: Issues to be considered when Container Operators become Slot Charterers

Author: M Jagannath
Date: July 20, 2014

This article discusses in detail on the issues to be considered when a Container Operator decides to become a slot charterer. While these issues were touched on our earlier articles, "Should a Container Operator become a Slot Charterer?" and "Connecting Carrier Agreement – to sign or not to sign", this article deals more in depth

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Title: Clause 5.6 of Institute Container Clauses, Time 1/1/87

Author: M Jagannath
Date: July 12, 2014

This article focuses on Clause 5.6 of Institute Container Clauses, Time 1/1/87 and its effect. It also discusses ways to manage the risks which are uninsured due to this exclusion.

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Title: Double Insurance and its effect on marine policies

Author: M Jagannath
Date: July 5, 2014

This article describes issues which may arise when there is double insurance

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Title: GA - Insurance Covers

Author: M Jagannath
Date: June 29, 2014

This article focuses on the insurance cover available to various parties who may be involved in a General Average

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Title: General Average – issues arising in Container Shipping

Author: M Jagannath
Date: June 18, 2014

This article discusses, as we see it, the issues faced in General Averages in the Container Liner Industry

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Title: Should Agents act as “ad hoc” Delivery Agent for others?

Author: M Jagannath
Date: June 8, 2014

This Article discusses issues which may arise due to your/ your office acting as a Delivery Agent for Third party operators on an "ad hoc" basis.

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Title: Cargo Owners Liability

Author: M Jagannath
Date: May 31, 2014

This article discusses the liabilities which may arise to cargo owners, coverage available and measures which can be adopted by Transport Operators to protect their interests.

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Title: Should a Container Operator become a Slot Charterer?

Author: M Jagannath
Date: May 25, 2014

Article for Container Operators / NVOCC discussing the advantages of becoming a Slot Charterer

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Title: Calculating Cargo Exposures for Transport Liability Operators

Author: M Jagannath
Date: May 23, 2014

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Title: Demurrage and Detention

Author: M Jagannath
Date: May 11, 2014

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Title: Abandonment of Cargo

Author: M Jagannath
Date: May 4, 2014

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Title: Lost Bills of Lading

Author: M Jagannath
Date: April 28, 2014

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Title: Deck Cargo

Author: M Jagannath
Date: April 21, 2014

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Title: Background search

Author: M Jagannath
Date: April 8, 2014

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Title: Ad Valorem Bills of Lading

Author: M Jagannath
Date: April 1, 2014

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Title: Connecting Carrier Agreement – to sign or not to sign

Author: M Jagannath
Date: March 25, 2014

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Title: Inspection DO for cargoes loaded in containers

Author: M Jagannath
Date: March 20, 2014

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Title: Release of cargo against a Letter of Indemnity / Bank Guarantee:

Author: M Jagannath
Date: March 13, 2014

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