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Taylor Wessing | Germany | 24 Jul 2023
Haftung wegen drohender verspäteter Ablieferung des Gutes bei einer Seebeförderung
Anders als das Landfrachtrecht (dort zB § 431 Abs. 3 HGB und Art. 23.5 CMR) enthält das Seefrachtrecht keine spezifischen Regelungen für die Haftung…
AKD | Netherlands | 15 Feb 2023
Careful what you wish for: Court rejects cargo claim against both freight forwarder and CMR carrier
A recent decision by the District Court of Middelburg sheds light on the pitfalls a cargo owner may encounter in the case of loss of goods. When filing a claim against the parties contracted for the international carriage of goods by road, a cargo owner or its subrogated insurer should carefully consider the contracts concluded and the evidence available. In the case discussed in this......
WSCO Advokatpartnerselskab | Denmark | 11 Jan 2023
Clarification of sea carrier's liability for container-caused damages: visible and hidden defects on containers
🕑 8 minutes This article is part of a series that describes some of the issues that the Danish Merchant Shipping Act's various liability regimes raise in practice, including issues in relation to the extent of liability for subcontractors and product liability for these types of damages. In particular, this article focuses on visible and hidden defects on containers.
Zhong Lun Law Firm | China | 30 Dec 2022
网络货运平台的供应链金融合规之路
网络货运平台是在公路货运行业从事承揽运输合同业务的运货平台，网络货运平台能够为承运人对接承运需求，为托运人对接…
WSCO Advokatpartnerselskab | Denmark | 26 Oct 2022
Court clarifies whether CMR carrier can transfer responsibility for omitted customs clearance to customer
🕑 4 minutesIn a recent case, the court ruled that it is the responsibility of the carrier to ensure that delivered customs documents are correctly presented for customs clearance, and that the client is not obliged to give specific instructions on how this should be done at the border point. If uncertainty arises as to whether the documents have been presented correctly for customs......
Lexology PRO | South Korea | 15 Jul 2022
KFTC fines pair of bid rigging cartels €52.5 million
Korea’s Fair Trade Commission has fined two separate cartels nearly €52.5 million for conspiring to rig bids in the country’s credit card and rail carriage supply markets.
KaiRong Law Firm | China | 27 Apr 2022
Who is obliged to pay where bill of lading is marked "freight collect"?
In answer to the question of who is obliged to pay in cases where the bill of lading is marked "freight collect", the Supreme People's Court once replied that if no one picks up the goods at the port of destination or if the consignee refuses to pick up the goods, the shipper must pay the freight. However, the situation changes when the consignee chooses to pick up the cargoes.
Arnecke Sibeth Dabelstein | Germany | 23 Mar 2022
Better count twice before loading – cabotage is limited to three part load shipments
The administrative court of Cologne recently decided against a Polish haulage company that transported goods within Germany. The defendant, the Federal Office for Goods Transport, claimed that the company had been violating the EU stipulations regarding cabotage as it had been performing more than three transports within seven days.
WSCO Advokatpartnerselskab | Denmark | 3 Nov 2021
Court rules that jurisdiction agreement in bill of lading cannot be set aside due to "international character" of dispute
The Supreme Court of Denmark recently determined whether legal proceedings against a Danish shipping company, which had contracted to carry containers from China to Copenhagen, could proceed in Denmark irrespective of the fact that the claimant and the shipping company had agreed that the dispute should be heard exclusively in the United Kingdom.
Lexology PRO | Asia-Pacific, Brazil, China, etc. | 28 Sep 2021
Supply chain crisis: business continuity tips amid supply shortages
A look at China’s shipping crisis, the UK fuel shortage and the global energy crunch, and what they can teach businesses on strengthening business continuity and supply chains alike.
