Nile Dutch Africa
Line B.V, Rotterdam, the Netherlands ("NDAL") v. (1) Delta Lloyd
Schadeverzekering N.V., Rotterdam, the Netherlands ("Delta Lloyd"),
(2) Premium Tobacco Investments N.V., Amsterdam, the Netherlands
("Tobacco"), (3) M. Meerapfel Söhne A.G., Basel, Switzerland ("Meerapfel")
and (4) CETAC, Douala, Cameroon ("Cetac") - The "NDS
Provider"
Dutch Supreme Court: J.B. Fleers, E.J. Numann, A. Hammerstein, F.B. Bakers,
W.D.H. Asser; Advocate General; NJ 2008, 505; SES 2008, 46; 1 February 2008
CARRIAGE OF GOODS BY SEA UNDER BILL OF LADING: HAGUE VISBY RULES: LIABILITY FOR
DEFECTIVE CONTAINERS SUPPLIED BY CARRIER: PACKAGING OR PART OF THE VESSEL?
INTERPRETATION OF TREATIES UNDER DUTCH LAW
Carewins
Development (China) Ltd v Bright Fortune Shipping Ltd
Hong Kong SAR Court of Final Appeal: Bokhary, Chan and Ribeiro PJJ, Litton
and Gault NPJJ: FACV No. 13 and 14 of 2008: 12 May 2009 [2009 3 HKLRD 409]
STRAIGHT BILLS OF LADING: MISDELIVERY OF GOODS: PRESENTATION RULE:
CONVERSION: EXEMPTION OF CARRIERS’ LIABILITY FOR MISDELIVERY: MEANING OF
"MISDELIVERY": AMBIGUITY
Bunge SA v ADM Do
Brasilia Ltda and 7 Others (The "Darya Radhe")
English Commercial Court: Tomlinson J: [2009] EWHC 845 (Comm): 24 April 2009
Available on BAILII @ http://www.bailii.org/ew/cases/EWHC/Comm/2009/845.html
BILLS OF LADING: CONTRACTS OF CARRIAGE: LIABILITY OF SHIPPERS: FACTUAL
CAUSATION: DANGEROUS GOODS: WHETHER RATS ARE DANGEROUS GOODS: HAGUE RULES,
ARTICLE IV, RULE 6: COMMON LAW IMPLIED TERM AS TO SHIPPING OF DANGEROUS GOODS
(1) Serena Navigation
Ltd (2) The London Steamship Owners Mutual Insurance Association Ltd -v- (1)
Dera Commercial Establishment and (2) Standard Chartered PLC, (The Limnos):
English High Court, Queen’s Bench Division, Commercial Court: Burton J.:
[2008] EWHC 1036: 15 May 2008
SHIPPING: CARRIAGE OF GOODS: HAGUE-VISBY RULES, ART. IV RULE 5(A): LIMITATION OF
LIABILITY: PHYSICAL DAMAGE AND ECONOMIC LOSS: WHETHER CARRIER’S LIABILITY
LIMITED BY REFERENCE TO WEIGHT OF PHYSICALLY DAMAGED GOODS OR BY REFERENCE TO
WEIGHT OF ENTIRE CARGO
Federal Republic of
Germany: Berlin Landgericht: Judgment 4 July 2007: 97 O 6/07
CMR: CARRIAGE OF TEMPERATURE-SENSITIVE GOODS: WHETHER CONSIGNOR INSTRUCTED
CARRIER REGARDING REQUIRED TEMPERATURE RANGE: GOODS SUBJECTED TO OUT-OF-RANGE
TEMPERATURES DURING TRANSIT: GOODS STOLEN FROM UNGUARDED PARK: WHETHER LOSS OF
GOODS CAUSED BY EXPOSURE TO OUT-OF-RANGE TEMPERATURES OR BY THE THEFT
Federal
Republic of Germany: Supreme Court, Bundesgerichtshof: I ZR 138/04: 18 October
2007
CARRIAGE OF GOODS BY SEA: MULTIMODAL CONTRACT OF CARRIAGE: DAMAGE DURING
LOADING ONTO ON-CARRYING VEHICLE AT PORT OF DISCHARGE: WHETHER MARITIME OR ROAD
CARRIAGE LIMITATIONS OF LIABILITY APPLY
Carewins
Development (China) Ltd v Bright Fortune Shipping Ltd
Hong Kong SAR Court of Appeal: Ma CJHC, Barma and Reyes JJ: CACV 328/9/2006:
13 July 2007
STRAIGHT BILLS OF LADING: MISDELIVERY OF GOODS: PRESENTATION RULE: CONVERSION:
EXEMPTION OF CARRIERS’ LIABILITY FOR MISDELIVERY: MEANING OF
"DISCHARGE" AND "DELIVERY": AMBIGUITY
In re M/V DG HARMONY
United States of America: United States Court of Appeals for the Second
Circuit; 2008 U.S. App. LEXIS 4483; Sack, Parkes and Hall JJ.: March 3,
2008
SHIPPING: CARRIAGE OF DANGEROUS CARGO: US CARRIAGE OF GOODS BY SEA ACT 1936
s.4(6): STRICT LIABILITY: DUTY TO WARN: NEGLIGENCE
New
Zealand China Clays Ltd. v. Tasman Orient Line CV
New Zealand High Court: Williams J.: 31 August 2007
CARRIAGE OF GOODS BY SEA: SHIP DAMAGED BY GROUNDING: SEAWATER ENTRY TO FORWARD
COMPARTMENTS: DECK CARGO OF CONTAINERS DAMAGED BY INUNDATION: HAGUE-VISBY RULES:
ART.IV RULE 2(a): DEFENCE OF ACT, NEGLECT OR DEFAULT OF THE MASTER… IN THE
NAVIGATION OR MANAGEMENT OF THE SHIP: FAILURE TO NOTIFY AUTHORITIES OF CASUALTY:
FAILURE TO PROVIDE TIMELY AND ACCURATE INFORMATION TO SHIP’S MANAGERS: CAUSE
OF CASUALTY INITIALLY FABRICATED: ALL LEADING TO DELAY IN PROVISION OF SALVAGE
SERVICES: WHETHER ELEMENT OF GOOD FAITH ESSENTIAL TO CARRIER’S ENTITLEMENT TO
RULE 2(a) DEFENCE: WHETHER ACTIONS OF MASTER AFTER THE CASUALTY WERE ERRORS IN
NAVIGATION OR MANAGEMENT OF THE SHIP MADE IN GOOD FAITH (BONA FIDE)
Datec
Electronic Holdings Ltd and Another v United Parcels Services Ltd
United Kingdom House of Lords: Lords Hoffmann, Hope, Walker, Mance and
Neuberger.:
[2007] UKHL 23: 16 May 2007
CARRIAGE OF GOODS BY ROAD: CARRIER’S TERMS EXCLUDE CARRIAGE OF CONSIGNMENTS
ABOVE A CERTAIN VALUE: CARRIER’S LIABILITY WHERE SUCH CONSIGNMENT IN FACT
CARRIED AND NOT DELIVERED: CMR CONVENTION: WHETHER CONTRACT EXISTS TO WHICH CMR
APPLIES: WHETHER CARRIER ENTITLED TO LIMIT LIABILITY UNDER CMR: WHETHER LOSS DUE
TO CARRIER’S ‘WILFUL MISCONDUCT’ RENDERING LIMIT OF LIABILITY
INAPPLICABLE: APPROACH OF APPELLATE COURTS IN CASES WHERE NO DIRECT EVIDENCE ON
THE CAUSE OF THE LOSS
The "Pacific Vigorous"
Singapore High Court: Belinda Ang Saw Ean J: 9 June 2006; [2006] 3 SLR 374;
[2006] SGHC 103
CARRIAGE OF GOODS BY SEA: DELIVERY WITHOUT BILLS OF LADING: UNILATERAL PART
PAYMENT BY BUYER: WHETHER SELLER’S ACCEPTANCE OF PART PAYMENT AMOUNTED TO
ELECTION NOT TO SUE SHIPOWNER
TNT Global
SpA v Denfleet International Ltd
English Court of Appeal: Waller, Tuckey and Toulson LJJ: [2007] EWCA Civ
405: 2 May 2007
Available on BAILII @ http://www.bailii.org/ew/cases/EWCA/Civ/2007/405.html
ROAD HAULAGE: MEANING OF ‘WILFUL MISCONDUCT’: CONVENTION ON THE CONTRACT FOR
THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD ("THE CMR"), ARTS.29 &
32
Mediterranean Shipping
Company SA v Trafigura Beheer BV (The "MSC Amsterdam")
English Court of Appeal: Tuckey, Longmore and Lloyd LJJ: [2007] EWCA Civ
794: 27 July 2007
Available on BAILII @ http://www.bailii.org/ew/cases/EWCA/Civ/2007/794.html
BILL OF LADING: CONTRACT OF CARRIAGE: FRAUD: CONVERSION OF GOODS: APPLICATION OF
HAGUE RULES ("HR") OR HAGUE-VISBY RULES ("HVR"): HVR,
ART.X(a)-(c): CARRIAGE OF GOODS BY SEA ACT 1971: APPLICATION OF HR OR HVR AFTER
DISCHARGE BUT BEFORE GOODS IN RECEIVER’S CUSTODY: HR/HVR, ART.II AND
ART.III,R.2: PROPER INTERPRETATION OF THE TERMS OF THE CONTRACT OF CARRIAGE:
AWARD OF DAMAGES AT DATE OF CONVERSION OR DATE OF JUDGMENT: TORTS (INTERFERENCE
WITH GOODS) ACT 1977, S.3(2)(b): WHETHER BOTH DAMAGES AT DATE OF JUDGMENT AND
INTEREST RECOVERABLE
T. Comedy (U.K.) Limited v. E M T Limited
English High Court: Queen’s Bench Division: Commercial Court: Jonathan
Hirst QC sitting as a Deputy Judge: 28 March 2007
CARRIAGE OF GOODS BY ROAD: CMR CONVENTION: ROAD HAULAGE ASSOCIATION CONDITIONS
OF CARRIAGE AND OF STORAGE: INCORPORATION OF RHA CONDITIONS IN CARRIAGE
CONTRACT: LIEN PROVISIONS: GENERAL AND PARTICULAR LIENS: OWNERSHIP OF THE GOODS
LIENED: WHETHER GENERAL LIEN COMPATIBLE WITH ART.13.2 OF CMR: WHETHER ART.13.2
LIEN OPERATES WHERE CARRIAGE CHARGES NOT SHOWN ON CONSIGNMENT NOTE
Starlight Exports
Limited and Star Light Electronics Company Limited v. CTO (HK) Limited
Hong Kong High Court, Court of First Instance, Commercial Action No. 255 of
2004. Reyes J. 19 July 2006
CARRIAGE OF GOODS BY SEA: SALE ON FOB TERMS: BILL OF LADING MARKED "TO
ORDER OF SHIPPER": CARRIER INSTRUCTED NOT TO RELEASE GOODS SAVE ON
PRODUCTION OF FULL SET OF BILLS OF LADING: CARGO RELEASED CONTRARY TO
INSTRUCTIONS: LIABILITY OF CARRIER: 9 MONTHS TIME LIMIT UNDER BILL OF LADING:
MEANING OF "DELIVERY"
Cargo interests on board MV "Cita" v. Time-charterers of MV "Cita"
Federal Supreme Court (Bundesgerichtshof – BGH); 26 October 2006 – I ZR
20/04
(see also DMC Case Note DMC/04//10 for the lower
instance decision of the Hanseatic Court of Appeal of Hamburg)
Sinking of vessel because watch keeper
asleep and watch alarm switched off: exclusion of liability for error in
navigation –- s.607.2.1 German Commercial Code (Handelsgesetzbuch - HGB)
Asoma Corp. v. SK
Shipping Co., Ltd.
United States of America: United States Court of Appeals for the Fifth
Circuit: 2006 U.S. App. LEXIS 26427: 24 October 2006
Charterparty: Bills of Lading: damage to
Cargo: claim by assignee of charterer: Conflicting Forum Selection Clauses:
whether charterparty or bill of lading governs
Sompo Japan
Insurance Company of America, v. Union Pacific Railroad Company
Unites States of America; United States Court of Appeals For The Second
Circuit; Wesley and Hall, Circuit Judges, and Trager, District Judge; 2006 U.S.
App. LEXIS 17385; July 10 2006
CARRIAGE OF GOODS: SHIPMENT UNDER INTERMODAL-THROUGH BILL OF LADING: APPLICATION
OF US CARRIAGE OF GOODS BY SEA ACT 1935: HIMALAYA CLAUSE: CARMACK AMENDMENT:
WHETHER STATUTORY PROVISION OVERRIDES CONTRACTUAL TERMS
Carewins Development
(China) Ltd v Bright Fortune Shipping Ltd
Hong Kong Court of First Instance: Stone J: HCCL 49/2004 & HCCL 50/2004:
27 July 2006
STRAIGHT BILLS OF LADING: MISDELIVERY OF GOODS: PRESENTATION RULE: EXEMPTION OF
CARRIERS’ LIABILITY FOR MISDELIVERY: MEANING OF "DISCHARGE":
HAGUE/HAGUE-VISBY RULES, ART.I(E), ART.II AND ART.III, RULE 8
Royal & Sun
Alliance Insurance plc and another v MK Digital FZE (Cyprus) Ltd and others
English Court of Appeal: Auld, Rix
and Maurice Kay LJJ: [2006] EWCA
Civ 629: 17 May 2006
ROAD TRANSPORT: FREIGHT FORWARDER ("COMMISSIONNAIRE DE TRANSPORT"):
THEFT OF GOODS IN TRANSIT: PROPER JURISDICTION OF DISPUTE: ACTION
"PENDING": COURT "FIRST SEIZED": DOMICILE: PLACE OF
PERFORMANCE: CMR CONVENTION, ART.31: CARRIAGE OF GOODS BY ROAD ACT 1965: EC
JURISDICTION REGULATION 44/2001, ART.30: BRUSSELS CONVENTION, ARTS.2 AND 5:
CIVIL JURISDICTIONS AND JUDGMENTS ACT 1982, S.42
Parsons
Corporation and Six Others v. Scheepvartonderneming Happy Ranger (the
"Happy Ranger")
English High Court, Commercial Division: Gloster J.: [2006] EWHC 122 (Comm):
9 February 2006
SHIPPING: CARGO DAMAGE: FAILURE OF CRANE HOOK: HAGUE-VISBY RULES: WHETHER
SHIPOWNER HAD EXERCISED DUE DILIGENCE TO MAKE THE SHIP SEAWORTHY UNDER ARTICLE
III RULE 1: WHETHER DUTY TO EXERCISE DUE DILIGENCE ATTACHES BEFORE DELIVERY OF
SHIP TO SHIPOWNER: WHETHER LOADING CARRIED OUT PROPERLY AND CAREFULLY UNDER
ARTICLE III RULE 2: ROLE OF CLASSIFICATION SOCIETY
Fujitsu Computer Products Corp v Bax Global Inc
English Commercial Court: Christopher Clarke J.: [2005] EWHC 2289 (Comm): 09
November 2005
CARGO STOLEN FROM AIR CARRIER: HOUSE AIR WAYBILL (HAWB): WHETHER CARRIER CAN
LIMIT LIABILITY: WARSAW CONVENTION (AS AMENDED BY THE HAGUE PROTOCOL 1955):
CARRIAGE BY AIR ACT 1961, SCHEDULE 1: WHETHER HAWB CONTAINED NOTICE REQUIRED BY
ART.8(c)
Rosewood Trucking
Ltd v Brian Balaam
English Court of Appeal (Civ Div): Tuckey, Neuberger LJJ.: 4 November 2005
CARRIAGE BY ROAD: CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF
GOODS BY ROAD – "CMR": SUCCESSIVE CARRIERS: INDEMNITY PAID TO FIRST
CARRIER BY INTERMEDIATE CONTRACTING CARRIER UNDER SUB-CONTRACT: WHETHER
INTERMEDIATE CARRIER ENTITLED TO RECOVER FROM CARRIER RESPONSIBLE FOR LOSS:
WHETHER PAYMENT MADE "IN COMPLIANCE WITH PROVISIONS OF" CMR CONVENTION
ART.37
Datec Electronic Holdings Ltd
and Another v United Parcels Services Ltd
English Court of Appeal: Brooke LJ (V-P), Sedley and Richards LJJ.: 29
November 2005
CONTRACT FOR THE CARRIAGE OF GOODS BY ROAD: CARRIER’S TERMS EXCLUDE CARRIAGE
OF CONSIGNMENTS ABOVE A CERTAIN VALUE: CARRIER’S LIABILITY WHERE SUCH
CONSIGNMENT IN FACT CARRIED AND NOT DELIVERED: CMR CONVENTION: WHETHER CONTRACT
EXISTS TO WHICH CMR APPLIES: WHETHER CARRIER ENTITLED TO LIMIT LIABILITY UNDER
CMR: WHETHER LOSS DUE TO CARRIER’S "WILFUL MISCONDUCT" RENDERING
LIMIT OF LIABILITY INAPPLICABLE
Ericsson Limited and Ericsson
Mobile Communications AB v. (1) KLM Royal Dutch Airlines (2) KLM Cargo (3) ASG
Air & Sea AB (4) APC Asia Pacific Cargo (H.K.) Ltd (5) Hong Kong Air Cargo
Terminals Ltd (6) Jardine Airport Services Ltd v. KLM Royal Dutch Airlines and
KLM Cargo (Third Parties)
Hong Kong: High Court: Court of First Instance, Commercial Action Nos. 202
of 1999 and 2 of 2000: Stone J
CARRIAGE BY AIR : THE AMENDED WARSAW CONVENTION AND GUADALAJARA CONVENTION:
THEFTS OF CONSIGNMENTS DURING CARRIAGE: LIMITATION OF LIABILITY OF THE ACTUAL
CARRIER AND CONTRACTUAL CARRIER AND THEIR SERVANTS OR AGENTS: BREAKING THE
LIMIT: WHETHER CLAIM AROSE FROM ACT DONE "WITH INTENT TO CAUSE
DAMAGE": QUANTUM
Primetrade AG v Ythan Limited (The "Ythan")
English Commercial Court: Justice Aikens: [2005] EWHC 2399 (Comm): 1 November
2005
SHIPOWNERS CLAIM AGAINST BILLS OF LADING HOLDER FOLLOWING LOSS OF VESSEL:
CARRIAGE OF GOODS BY SEA ACT 1992, SECTIONS 2(1), 2(2), 3(1), 5(2) AND 5(4):
MEANING OF "HOLDER", "TRANSACTION" AND "MAKING A
CLAIM": LONDON ARBITRATION CLAUSE INCORPORATED INTO BILLS OF LADING:
ARBITRATION ACT 1996, SECTIONS 67 AND 73: MEANING OF "ANY OBJECTION"
AND "THAT OBJECTION": RIGHT TO ADDUCE ADDITIONAL EVIDENCE IN SUPPORT
OF EXISTING OR NEW OBJECTION ON APPEAL
UCO Bank v Golden Shore Transportation Pte Ltd [2005] SGCA 42
Singapore Court of Appeal: Chao Hick Tin JA, Judith Prakash J.: 14 September
2005
CARRIAGE OF GOODS BY SEA –TITLE TO SUE UNDER BILLS OF LADING – MEANING OF
HOLDER AND "GOOD FAITH" UNDER SINGAPORE BILLS OF LADING ACT 1994–
WHETHER CONSIGNEE A HOLDER WITHOUT ENDORSEMENT IN ITS FAVOUR
VASTFAME CAMERA LIMITED v. (1) BIRKART GLOBISTICS LIMITED (formerly BIRKART-EAST
WEST FREIGHT LIMITED) (2) MOIROUD S.A. (3) ARIES WORLD MARITIME S.A. (4) H.P.I.
FRANCE and MOIROUD S.A. (Third Party)
Hong Kong: High Court of the Hong Kong, Court of First Instance: Stone J.:
Commercial Action No.63 of 2002: 5 October 2005
SHIPPING: SALE ON FOB TERMS: "ORDER" BILL OF LADING ISSUED BY FREIGHT
FORWARDER: RELEASE OF GOODS BY THIRD PARTY WITHOUT PRODUCTION OF B/L: CLAIM BY
SELLER UNDER B/L: WHETHER FREIGHT FORWARDER ACTING AS PRINCIPAL/CONTRACTUAL
CARRIER OR AS AGENT: WHETHER ENTITLED TO RELY ON EXCLUSION/LIMITATION CLAUSES IN
B/L: RIGHT OF INDEMNITY FROM THIRD PARTY
In re M/V DG Harmony and
Consolidated Cases
United States: Federal Court for the Southern District of New York: Chin
DJ.: No. 98 Civ. 8394 (DC), 2005 U.S. Dist. LEXIS 23874: 18 October 2005
CARRIAGE OF GOODS BY SEA: CALCIUM HYPOCHLORITE IN CONTAINERS: EXPLOSION AND
FIRE: LOSS OF SHIP AND CARGO: SHIPPER’S LIABILITY UNDER US COGSA: STRICT
LIABILITY: PRIVITY OF CONTRACT: LIABILITY IN NEGLIGENCE: LIABILITY FOR FAILURE
TO WARN
Royal & Sun
Alliance Insurance Plc and Exel Logistique SA v (1)MK Digital SZE (Cyprus)
Ltd, (2) Hi-Tec Electronics A/S and Others
English Commercial Court: Aikens J.: [2005] EWHC 1408 (Comm): 21 June 2005
CARRIAGE OF GOODS BY ROAD: WHETHER CONVENTION ON THE CONTRACT FOR THE
INTERNATIONAL CARRIAGE OF GOODS BY ROAD ("CMR") APPLIED: WHETHER
CARRIER A "COMMISSIONAIRE DE TRANSPORT" UNDER FRENCH LAW: European
Jurisdiction Regulation 44/2001: BRUSSELS CONVENTION 1968: WHICH COURT
FIRST "SEISED" OF THE ACTION: APPROPRIATE FORUM
Sea Success
Maritime Inc v. African Maritime Carriers Limited
English Commercial Court: Aikens, J.: [2005] EWHC 1542 (Comm): 15 July 2005
TIMECHARTERPARTY: C/P CLAUSE PROVIDING "MASTER HAS THE RIGHT AND MUST
REJECT ANY CARGO THAT ARE SUBJECT TO CLAUSING OF THE Bs/L: MEANING OF "CLAUSING":
WHETHER IT HAS AN ORDINARY SETTLED MEANING OR SETTLED COMMERCIAL USAGE:
COMMERCIAL CONTEXT: CARRIAGE OF STEEL: APPARENT ORDER AND CONDITION OF GOODS:
RELATIONSHIP TO THE DESCRIPTION OF GOODS: APPARENT "GOOD" ORDER:
APPARENT "PROPER" ORDER: WHEN IS CARGO SUBJECT TO CLAUSING: WHETHER ON
FIRST DRAFT OF B/L OR WHEN DESCRIPTION OF CARGO ULTIMATELY PROPOSED BY CARGO
INTERESTS
Transport insurer of X. v.
freight forwarder Y – M/V "Atlantic Concert"
Federal Republic of Germany: Regional Appeal Court Hamburg (Oberlandesgericht
Hamburg – OLG): TranspR 2004, 403: 19 August 2004 – 6 U 178/03
Combined transport: law applicable to
losses during transhipment: Whether a separate land transport: whether subject
to limitation of general german law of affreightment: whether bill of lading
limitation clause in valid form
Datec Electronic Holdings Ltd
& Incoparts BV v. United Parcels Service Ltd & Anor
English High Court: Commercial Division: Andrew Smith J.: [2005] EWHC 221 (Comm):
22 February 2005
CONTRACT FOR CARRIAGE OF GOODS: INTERNATIONAL CARRIAGE BY ROAD: CMR CONVENTION:
CARRIAGE OF GOODS BY ROAD ACT 1965: CARRIER’S LIABILITY: WHETHER CARRIER’S
LIABILITY UNLIMITED BY REASON OF WILFUL MISCONDUCT OF CARRIER’S EMPLOYEES:
STANDARD TERMS LIMITING VALUE OF PACKAGES TO BE OFFERED FOR CARRIAGE: WHETHER
CONTRACT EXISTS WHERE PACKAGES EXCEED STATED VALUE: WHETHER EXCESS VALUE WAIVED
BY CARRIER: WHETHER EXCULPATORY PROVISIONS RELATING TO EXCESS VALUE PACKAGES
VALID UNDER CMR
American
Home Assurance Co. v. CSX Lines, Inc.
United States of America: Federal Court for the Southern District of New
York: Loretta A. Preska, Judge: 2005 U.S. Dist. LEXIS 4326: 18 March 2005
SHIPPING: CONTAINER: MULTIMODAL CARRIAGE: liability
FOR LOSS/DAMAGE ON LAND LEG: Service agreement: WHETHER SERVICE AGREEMENT
INCORPORATES BILL OF LADING TERMS: CONSTRUCTION: COURSE OF DEALING: BILL OF
LADING PROVIDES FOR limitation "PER SHIPPING OR CUSTOMARY FREIGHT UNIT OR
PIECE": WHETHER LIMITATION APPLICABLE TO CONTAINER, SKIDS/pALLETS INSIDE
CONTAINER OR TO CARTONS ON SKIDS: HIMALAYA CLAUSE: WHETHER INLAND HAULIER
ENTITLED TO BILL OF LADING LIMITATION
Asil Gida Ve Kimya Sanayii Ve Ticaret A.S., as Owner of the m.v. "Mustafa
Nevzat" v. Cosco Qingdao, as Charterers
Arbitration Award: Society of Maritime Arbitrators
New York: Louis P Sheinbaum, Chairman, Lucienne Bulow and Alexis Nichols,
arbitrators: 2 January 2004
Bhatia
Shipping & Agencies PVT. Limited v. Alcobex Metals & Others
English High Court, Commercial Division: Mr Julian Flaux QC: [2004] EWHC
2323 (Comm): 20 October 2004
MULTI-MODAL CARRIAGE CONTRACT: CLAIMS TO BE TIME-BARRED IF PROCEEDINGS NOT
INSTITUTED WITHIN NINE MONTHS OF DELIVERY: ALLEGED MISDELIVERY: NO CLAIM BY
CARGO INTERESTS BROUGHT WITHIN NINE-MONTH PERIOD: CARRIER CLAIMS FOR NEGATIVE
DECLARATORY RELIEF: WHETHER CLAIM TIME-BARRED: WHETHER NEGATIVE DECLARATION
APPROPRIATE
J I MacWilliam Co Inc
(Boston) v Mediterranean Shipping Co SA (the "Rafaela S")
English House of Lords: Lords Bingham, Nicholls, Steyn, Rodger and
Brown: [2005] UKHL 11: 16 February 2005
CARRIAGE OF GOODS BY SEA: Bills of
lading: whether a ‘straight bill’ is a bill of lading or ‘similar document
of title’: Hague/Hague-Visby Rules, Article I: application of UK COGSA
1971
Mitsubishi
Corporation v Eastwind Transport Ltd and Others
English High Court, Commercial Division: Mr. Ian Glick, QC: [2004] EWHC 2924
(Comm): 15 December 2004
CARRIAGE OF GOODS BY SEA: BILL OF LADING: EXEMPTION CLAUSE: WHETHER REPUGNANT TO
PURPOSE OF CONTRACT: INTERPRETATION: RISK ALLOCATION UNDER COMMERCIAL CONTRACTS:
INSURABLE RISKS
(1)
A/S D/S SVENBORG (2) D/A/ AF 1912 A/S (Trading in Partnership as MAERSK SEALAND)
v (1) FAR EAST TRADING COTE D'IVOIRE (2) FARES NAJI KHALIL (3) DARWICHE
FAWZIHASSAN (4) KHALIL ABDUL KARIM (2004)
English High Court, Commercial Division: Nigel Teare QC: [2004] EWHC 2929 (Comm)
15 December 2004
CARRIAGE OF GOODS: BILLS OF LADING: DELIVERY OF CARGO AGAINST FRAUDULENT BILLS
OF LADING: DECEIT: BURDEN OF PROOF: DAMAGES
Ferrostaal, Inc.
v. M/V Sea Baisen
United States: United States District Court for the Southern District of New
York: Richard J. Holwell, District Judge: No. 02 Civ. 1900: 2004 U.S. Dist.
LEXIS 24083 : November 30, 2004
CARRIAGE OF GOODS BY SEA ACT "COGSA": TIME BAR: EXTENSION BY PURPORTED
AGENT
Toll (FGCT) Pty Limited v Alphapharm Pty
Limited
Australia: High Court of Australia; Gleeson CJ, Gummow, Hayne, Callinan and
Heydon JJ; [2004] HCA 52; 11 November 2004
Contract: Construction and
interpretation: Whether road transport company’s general terms and conditions
incorporated into contract: exclusion clause: contract signed but terms and
conditions not read: Conclusiveness of act of signature – Principal and AGENT:
Whether consignee bound by contract entered into by another : Whether agent
authorised to contract on terms including exclusion clause
Jindal Iron and Steel Co.
Ltd. and Others v. Islamic Solidarity Company Jordan Inc. – the "Jordan
II"
English House of Lords: Lords Bingham, Nicholls, Steyn, Hoffmann and Scott:
[2004] UKHL 49: 25 November 2004
CARRIAGE OF GOODS BY SEA: VOYAGE CHARTER ON FREE IN OUT STOWED AND TRIMMED ‘FIOST’
TERMS: BILLS OF LADING SUBJECT TO HAGUE-VISBY RULES: WHETHER FIOST TERMS MAKE
CARGO INTERESTS RESPONSIBLE FOR CARGO LOSS/DAMAGE OCCURRING IN THOSE OPERATIONS:
CARRIER’S OBLIGATIONS UNDER HAGUE-VISBY RULES ARTICLE III RULE 2: WHETHER IN
CONFLICT WITH FIOST PROVISIONS
Fireman’s Fund Ins.
Co. v. Orient Overseas Container Line Ltd
United States: New York City Civil Court: Eileen A. Rakower, Judge:
May 2, 2003: 763 N.Y.S.2d 427, 196 Misc. 2d 11 (N.Y. Civ. Ct. 2003)
US CARRIAGE OF GOODS BY SEA ACT 1936 ("COGSA"): unreasonable
deviation: misplaced cargo: lost cargo: NEGLIGENT MISREPRESENTATION
Norfolk Southern
Railway Co. v. James N. Kirby, Pty. Ltd., No. 02-1028
United States Supreme Court: Opinion by Justice O’Connor: November 9,
2004;(not yet officially reported)
ADMIRALTY JURISDICTION: US Carriage of
Goods by Sea Act 1936 ("COGSA"): BILLS OF LADING: MULTIMODAL
BILLS OF LADING: NVOCC: CONTRACTING CARRIER: ACTUAL CARRIER: ACCIDENT DURING
CARRIAGE BY RAIL: HIMALAYA CLAUSE
Netstal-Maschinen
AG and Securitas Bremer Allgemeine Versicherung AG v Dons Transporte AG, Stewart
Height and David O’Neill
English Mercantile Court, Central London: Hallgarten J.: 26 May 2004
CARRIAGE OF GOODS BY ROAD: DAMAGE OF GOODS: TOTAL LOSS: WILFUL MISCONDUCT: CMR
CONVENTION: ARTICLE 17.2 CMR
Pacific
Carriers Limited v BNP Paribas
Australia: High Court of Australia: Gleeson CJ, Gunmow, Hayne, Callinan and
Heydon JJ.: 5 August 2004
CARRIAGE OF GOODS BY SEA: DELIVERY WITHOUT PRODUCTION OF BILLS OF LADING:
LETTERS OF INDEMNITY: BANK’S SIGNATURE: WHETHER SIGNING AS VERIFICATOR:
WHETHER SIGNING AS INDEMNIFYING PARTY: AUTHORITY: OSTENSIBLE AUTHORITY:
REPRESENTATION BY ORGANISATIONAL STRUCTURE: ESTOPPEL: ABSENCE OF PROCEDURES TO
PROTECT AGAINST UNAUTHORISED CONDUCT
El Greco (Australia) Pty
Limited & Anor v. Mediterranean Shipping Co. SA
Australia: Federal Court of Australia: Black CJ, Beaumont & Allsop JJ.:
10 August 2004
CARRIAGE OF GOODS BY SEA: BILL OF LADING: CONTAINER SAID TO CONTAIN NUMBER OF
PIECES POSTERS AND PRINTS: ARTICLE IV RULE 5 OF HAGUE-VISBY RULES: ENUMERATION:
"AS PACKED IN SUCH ARTICLE OF TRANSPORT": WHETHER ENUMERATION
EFFECTIVE WHERE NO MEANS OF PACKING INDICATED AND NUMBER OF PACKAGES NOT GIVEN
Frans
Maas (UK) Ltd v Samsung Electronics (UK) Ltd
English Commercial Court: Gross J.: 30 June 2004
BAILMENT: THEFT OF GOODS: NEGLIGENCE AND WILFUL DEFAULT OF BAILEE’S EMPLOYEES:
APPLICATION OF CONTRACT TERMS: BRITISH INTERNATIONAL FREIGHT ASSOCIATION
STANDARD TERMS: VICARIOUS LIABILITY: LIMITATION OF LIABILITY: UNFAIR CONTRACT
TERMS ACT 1977: REASONABLENESS
Ferro Union Inc.
v. M/V Tamamonta
United States of America: Federal Court for the Southern District of New
York: Judge: Victor Marrero: 7 May 2004
Damages: burden of proof: fair market
value: market price: insurance recovery: Carriage of Goods by Sea Act ("COGSA")
Schramm, Inc. v.
Shipco Transport, Inc
United States Court of Appeals for the Fourth Circuit: Judges: Wilkinson,
Michael, and Shedd: No. 03-1075: 2004 U.S. App. Lexis 7288: 15 April 2004
rig CARRIED AS CARGO: restowage AT
INTERMEDIATE PORT: rig damaged WHILST ON DOCKSIDE: WHETHER US$500
LIMITATION PER UNIT UNDER US CARRIAGE OF GOODS BY SEA ACT 1936 APPLIED
Dairy Containers Ltd v Tasman Orient Line CV (The "Tasman
Discoverer")
The UK Privy Council, on appeal from the Court of Appeal of New Zealand: Lords
Bingham, Hoffman, Phillips and Carswell, and Dame Sian Elias: 20 May 2004
CARGO DAMAGED ON SEA VOYAGE: BILL OF LADING: HAGUE RULES
CONTRACTUALLY INCORPORATED INTO B/L: ART. IV RULE 5 AND ART.IX
ESTABLISH PACKAGE LIMIT AS VALUE OF £100 STERLING IN GOLD AS AT 1924:
B/L PROVIDES FOR PACKAGE LIMITATION OF £100 STERLING LAWFUL MONEY OF THE UK:
CONSTRUCTION OF CONTRACT: HAGUE RULES APPLY, AS AMENDED BY LIMITATION
CLAUSE IN B/L: PARAMOUNTCY CLAUSES ALSO SUBJECT TO CONTRACTUAL LIMITATION clause
Transport Insurer of X. v. Freight Forwarder Y
German Federal Supreme Court (Bundesgerichtshof – BGH): TranspR 2004, 214;: 29
January 2004 – I ZR 162/01
CMR art. 29: international road
transport: on the claimant’s burden of proving severe fault on the part of the
carrier (here: traffic accident)
Transport insurer of X. v. freight forwarder Y
German Federal Supreme Court (Bundesgerichtshof – BGH) TranspR 2004, 77;
November 20th, 2003 – I ZR 294/02
CMR art. 31.2: international road
transport: declaratory proceedings as "pending action" pursuant to
art. 31 CMR
Sunlight
Mercantile Pte Ltd v Ever Lucky Shipping Co Ltd: [2004] 1 SLR 171
Singapore Court of Appeal: Yong Pung How CJ, Chao Hick Tin JA and Tan Lee
Meng J
YORK ANTWERP RULES 1974: WHETHER UNSEAWORTHINESS OF VESSEL AFFECTED RIGHT TO
GENERAL AVERAGE CONTRIBUTION: WHETHER EXEMPTION CLAUSES IN BILLS OF LADING
EXCLUDING LIABILITY FOR DECK CARGO ABSOLVED SHIPOWNERS FROM ACTIONABLE FAULT
Siemens Ltd v. Schenker International (Australia) Pty Ltd & Another
High Court of Australia: McHugh ACJ., Gummow, Kirby, Callinan and Heydon JJ: 9
March 2004: [2004] HCA 11
AVIATION: CARRIAGE BY AIR: DAMAGE TO CARGO BETWEEN AIRPORT OF DESTINATION AND
BONDED WAREHOUSE: WARSAW CONVENTION, ARTICLES 18 AND 22: MEANING OF ‘IN AN
AERODROME’: DEFINITION OF AIRPORT SITE: CONSTRUCTION OF HOUSE AIR WAYBILL:
WHETHER LIMITATION OF LIABILITY CLAUSE APPLIES TO TRANSPORTATION AFTER AIR
CARRIAGE COMPLETE
Cargo interests on board MV "Cita" v. Time-charterers of MV "Cita"
Higher Regional Court (Hanseatisches Oberlandesgericht – OLG) Hamburg; 18
December 2003 – 6 U 220/00
Sinking of vessel because watch keeper
asleep and watch alarm switched off - exclusion of liability for error in
navigation –- s.607.2.1 German Commercial Code (HGB)
Euro Cellular
(Distribution) plc v Danzas Limited t/a Danzas AEI Intercontinental and Another
English Commercial Court: Nigel Teare QC: 19 December 2003
CONTRACT: FREIGHT FORWARDING AND WAREHOUSE SERVICES: CONDITIONS OF BUSINESS:
LIABILITY FOR NEGLIGENT RELEASE: EXCEPTION CLAUSES: BURDEN OF PROOF
Dessert
Service, Inc. v. M/V MSC Jamie/Rafaela
United States District Court for the Southern District of New York; Naomi
Reice Buchwald; 219 F. Supp. 2d. 504; August 8, 2002
CARRIAGE BY SEA: MEASURE OF LOSS: MARKET VALUE: REPLACEMENT VALUE: SPECIAL
CIRCUMSTANCES: PRE-JUDGMENT INTEREST: APPROPRIATE RATE
Indemnity
Insurance Company of North America v. Hanjin Shipping Company
United States Court of Appeals for the Seventh Circuit: Circuit Judge Diane
P. Wood: 348 F.3d 628: October 31 2003
SHIPPING AND TRANSPORT: COMMON CARRIERS: CLAUSE PARAMOUNT: BAILMENTS: CUSTOMS:
HAGUE RULES: DELIVERY: VALID DELIVERY: INTERMODAL BILLS OF LADING
Transport Insurer of M. GmbH v. D. Railroad AG
German Federal Supreme Court (Bundesgerichtshof
– BGH): Ullmann, v. Ungern-Sternberg, Bornkamm, Pokrant, Schaffert; TranspR
2003, 453: June 26th, 2003 – I ZR 206/00
CIM Art. 40. 3: CMR Art. 23.4: international railroad and road
transport: theft of untaxed cigarettes: tax as recoverable loss
Weintraub &
Sons, Inc. v. E.T.A. Transportation, Inc.
United States District Court for the Southern District of New York: 2003
U.S. Dist. LEXIS 14851 (not yet officially reported): 28 August 2003
Shipping: Carriage of goods by sea act:
Freight Forwarder: Common Carrier: Agent: Bills of Lading: Whether Defendant was
a Freight Forwarder or Common Carrier
BNP Paribas v Bandung Shipping Pte Ltd; The "Victoria Cob"
Singapore High Court: Belinda Ang J: 12 May 2003
DELIVERY OF CARGO WITHOUT PRODUCTION OF BILL OF LADING: BANK’S TITLE TO SUE IN
CONTRACT AND FOR CONVERSION: USE OF SWITCHED BILLS OF LADING: BANK BECOMING
HOLDER OF BILLS OF LADING AFTER DELIVERY OF CARGO: WHETHER BILLS OF LADING SPENT
OR EXHAUSTED: WHETHER CARGO WAS PLEDGED TO BANK: WHETHER BANK AUTHORISED
DELIVERY WITHOUT BILLS OF LADING
Glencore International AG v. Owners of the "Cherry", the
"Epic" and the "Addax"
Singapore Court of Appeal: Yong Pung How CJ, Chao Hick Tin JA, Judith Prakash J:
12 November 2002: [2003] 1 SLR 471
NON-DISCHARGE OF OIL AT DESTINATION: LIABILITY UNDER BILL OF LADING AND FOR conversion: WHETHER CLAIMANT
HAD TITLE TO SUE FOR CONVERSION: WHETHER SHIPOWNERS
ENTITLED TO FOLLOW TIME CHARTERERS’ INSTRUCTIONS: WHETHER NON-DISCHARGE WAS
EFFECTIVE CAUSE OF CLAIMANT’S LOSS
GKN Westland
Helicopters Limited and another v Korean Air and another
English Commercial Court: Morison J.: 19 May 2003
CARRIAGE BY AIR: DAMAGE TO CARGO: WARSAW CONVENTION: LIMITATION: CLAIMANT’S
RIGHT TO RECOVER COSTS: ART. 22(4): PAYMENT IN: MEANING OF "DAMAGES"
Jarl Trä AB and others v
Convoys Limited
English High Court: Moore-Bick, J.; 25 June 2003
CONTRACT OF CARRIAGE: RIGHT TO SUB-CONTRACT "ON ANY TERMS":
SUB-BAILMENT: SUB-CONTRACTORS’ GENERAL LIEN CLAUSE: WHETHER GENERAL LIEN
ENFORCEABLE AGAINST CARGO OWNERS: WHETHER GENERAL LIEN CLAUSE UNREASONABLE OR
UNUSUAL: EXTENT OF GENERAL LIEN
Ever
Lucky Shipping Co Ltd v Sunlight Mercantile Pte Ltd and Liberty Citystate
Insurance Pte Ltd; The "Pep Nautic" [2003] SGHC 80
Singapore High Court: Judith Prakash J: 15 April 2003
RIGHT OF SHIPOWNERS TO GENERAL AVERAGE CONTRIBUTION UNDER YORK ANTWERP RULES
1974: WHETHER ACTIONABLE FAULT ON THE PART OF SHIPOWNERS AFFECTING RIGHT TO
CONTRIBUTION: WHETHER SHIPOWNERS FAILED TO EXERCISE DUE DILIGENCE UNDER HAGUE
RULES TO MAKE SHIP SEAWORTHY: WHETHER EXEMPTION CLAUSES IN BILLS OF LADING
EXCLUDING LIABILITY FOR DECK CARGO ABSOLVE SHIPOWNERS FROM ACTIONABLE FAULT
China Airlines
Ltd v Phillips Hong Kong Ltd
Singapore Court of Appeal: Chao JA, Yong JA, Tan JA: 25 June 2002
CARRIAGE BY AIR: LOSS OF FOUR CARTONS/SUB-PACKAGES CONTAINED WITHIN A PALLET:
COMPUTATION OF CARRIER’S LIMIT OF LIABILITY UNDER WARSAW CONVENTION AS AMENDED
BY HAGUE PROTOCOL
Steel Coils,
Inc. v. M/v. Lake Marion
United States Court of Appeals for the Fifth Circuit: Circuit Judge Patrick
E. Higginbotton: 2003 U.S. App. LEXIS 9193 (not yet officially reported): May
13, 2003
US Carriage of goods by sea act (1936)
("COGSA"): Burden of Proof: Due Diligence: Non-delegable Duties:
Perils of the Sea:Latent Defect: Per Package Limitation: Carrier: Whether a
Party Can Contractually Delegate a Duty and Still Remain Liable for Failure to
Exercise Due Diligence: Whether a Non-carrier Can Be Liable in Tort Outside of
COGSA
A/S D/S Svendborg and D/S af 1912 A/S (Trading as Maersk
Sealand) v Ali
Hussein Akar and others
English Commercial Court: Deputy High Court Judge Julian Flaux QC: 15 April
2003: [2003] EWHC 797 (Comm)
BILL OF LADING: BREACH OF CONTRACT OF CARRIAGE: EXCLUSIVE
ENGLISH LAW AND JURISDICTION CLAUSE: DAMAGES FOR COST OF DEFENDING CLAIMS IN
FOREIGN JURISDICTIONS: FRAUDULENT CLAIM:TORT OF DECEIT
Trafigura
Beheer BV v. Golden Stavraetos Maritime Inc.
English Court of Appeal: Sir Andrew Morritt, Vice-Chancellor, Clarke and Kay
LJJ.: 15 May 2003: [2003] EWCA Civ 664
VOYAGE CHARTERPARTY: CARRIAGE OF GOODS BY SEA: ARTICLE III RULE 6 HAGUE-VISBY
RULES: NON-DELIVERY OF CARGO AT DESTINATION: CLAIM FOR CONTAMINATION: CARGO
ON-CARRIED TO NEW DESTINATION FOR DISCHARGE THERE: LIMITATION PERIODS: WHETHER
LIMITATION PERIOD STARTED ON NON-DELIVERY AT ORIGINAL DESTINATION OR ON
COMPLETION OF DISCHARGE AT ALTERNATIVE DESTINATION
J I MacWilliam Co Inc
(Boston) v Mediterranean Shipping Co SA (the "Rafaela S")
English Court of Appeal: Peter Gibson and Rix LJJ, Jacob J. [2003] EWCA
Civ. 556: 16 April 2003
Bills of lading: package limitation: US
COGSA 1936: whether a ‘straight bill’ is a bill of lading or ‘similar
document of title’: Hague/Hague-Visby Rules, Article I: application of UK
COGSA 1971: transshipment: whether one contract of carriage or TWo
Granville Oil and Chemicals Ltd v. Davies Turner & Co. Ltd
English Court of Appeal: Potter and Tuckey LJJ and Hart J: 15 April 2003
COMMERCIAL CONTRACT: BRITISH INTERNATIONAL FREIGHT ASSOCIATION (BIFA)
STANDARD TRADING CONDITIONS: NINE-MONTH TIME BAR: REASONABLENESS: UNFAIR
CONTRACT TERMS ACT 1977: DAMAGE TO GOODS: ALL RISKS IN TRANSIT INSURANCE:
FAILURE TO INSURE: BREACH OF CONTRACT: EQUAL BARGAINING STRENGTH: BUSINESS
PRACTICE: WHETHER TIME LIMIT PRACTICABLE
Daewoo Heavy Industries and Another v. Klipriver Shipping Ltd &
Navigation Maritime Bulgares ("Kapetan Petko Voiveda")
English Court of Appeal: Lords Justices Aldous, Judge and Longmore: [2003]
EWCA Civ. 451: 3 April 2003
Bills of lading: breach of contract
of carriage: cargo stowed on deck without authority: Hague Rules 1924,
limitation of liability: application of Article IV rule 5: meaning of ‘in any
event’: analogy with ‘deviation cases’