The English High Court recently held in FIM Bank PLC v KCH Shipping Co., Ltd (“FIM Bank v KCH”)i that the one-year time limit for cargo claims provided in the Hague-Visby Rules also applied for mis delivery claims. The Bills…
The recent Marine Brief of Kennedysi provided an update of a Australian judgement (MV Dijksgracht) which touched on the application of the Hague Visby Rules (“HVR”). In the MV Dijksgracht, the Australian COGSA would have applied if a negotiable document…
Shipping is an international business and with participants often from different nationalities, locations, and different systems of law. Accordingly, parties would have different expectations such that disputes would invariably arise. While parties often resolve issues by themselves (by negotiation), some…
The NCovid19 pandemic forced all of us to change the way we both worked and communicated. While the world is now back to normalcy, some of the changes effected during the lockdown in the way work is performed together with…
Shipowners are invariably in a better bargaining position and able to incorporate various clauses in the contract of carriage / Bills of Lading entitling them to either exclude liability or limit liability for any loss or damage to cargo. Given…
Unitization including containerization has allowed cargo to be moved seamlessly between various modes of transport. Often, there are multiple modes of transport used for the movement of goods, one of them being road and the other either being sea, rail…
One of the functions of a Bill of Lading (“B/L”) is that it acts as a document of Titlei in that the Carrier has a duty to deliver the cargo to the holders of the B This duty to deliver, in…
We were involved, some time back, in a situation in which Owners held lien on cargo and containers (without completing the voyage) and sought payment of the unpaid charter hire based on the dicta of The Pioneer Container. While we…
We have, off late, been seeing some claims related to refrigerated cargo arising due to the machinery outages during the sea voyage and perhaps this is due to the extreme heat conditions at the location from where the cargo emanatesi.…
Standard Trading Conditions (“STC”)i,also known as General Conditions of Business, are standardized trading terms advocated by various professional associations for use by their members (Logistics Service Provider (“LSP”) and who may include Freight Forwarders/NVOCC’s). The reason for their development is…