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Arnecke Sibeth Dabelstein | Germany | 27 Sep 2023
A to Z transportation: I – intermodal transport
This article is the ninth in a series touching, alphabetically, on select key elements of shipping and transport law in Germany. Germany is one of a few countries with legal provisions on intermodal transportation and these provisions are contained in sections 452 and 452a of the German commercial code.
Arnecke Sibeth Dabelstein | Germany | 6 Sep 2023
A to Z transportation: F – freight forwarder
This article is the sixth in a series touching, alphabetically, on select key elements of shipping and transport law in Germany. Pursuant to section 453 paragraph 1 of the German Commercial Code (HGB), the freight forwarder is obliged to organise the shipment of goods. This means the freight forwarder determines the means of transport and the route, selects the executing companies (in......
Arnecke Sibeth Dabelstein | Germany | 30 Aug 2023
A to Z transportation: E – exclusion of liability
This article is the fifth in a series touching, alphabetically, on select key elements of shipping and transport law in Germany. The carrier's exclusions of liability are governed in sections 426 and 427 of the German Commercial Code. The onus of proof for all exclusions lies with the carrier, and so they must prove that they are not liable on the basis that the prerequisites for the......
Aramis Law Firm | France | 27 Jun 2023
Franchisor's liability as head of network
A recent decision of the Supreme Court sheds light on the liabilities incurred by the franchisor as head of the network. The Court concluded that the independence and the distinct legal personality of franchisees did not exonerate a franchisor from any liability in respect of a termination of a supply relationship that it had de facto imposed on its franchisees.
Wardyński & Partners | Poland | 15 Jun 2023
“Strict” warranty liability: A risky convention
In M&A practice, and elsewhere, share transfer agreements customarily provide for the seller’s warranty liability, for example, for breach of…
Global Law Office | China | 23 May 2023
Key aspects of burden of proof in environmental litigation
The burden of proof in environmental litigation in China differs from that in general tort disputes, with the "reversed burden of proof" for causation and the strict liability being key aspects. Companies operating in China should be aware of these differences and take steps to ensure environmental compliance to minimise their exposure to environmental litigation.
Macfarlanes LLP | United Kingdom | 14 Feb 2023
Can a sanctioned person successfully sue? The curious case of Boris Mints
Defendants in proceedings brought by sanctioned claimants cannot rely on sanctions to halt litigation against them. The case of PJSC National Bank…
Aird & Berlis LLP | Aird & McBurney LP | Canada, European Union | 13 Oct 2022
Rethinking liability regimes for AI-related claims - should Canada follow Europe?
Daniel Dennett’s masterwork From Bacteria to Bach and Back: The Evolution of Minds is a fascinating account of the evolution of human minds from…
Osborne Clarke | United Kingdom | 15 Jun 2022
Sanctions update: strict liability test comes into force with revised guidance from OFSI
As previously reported, the Economic Crime (Transparency and Enforcement) Act 2022 introduced a new strict civil liability test for imposing monetary…
Hogan Lovells | United Kingdom | 13 Jun 2022
From 15 June the UK sanctions regime will be moving to a strict liability test
From 15 June 2022 the Economic Crime (Transparency and Enforcement) Act 2022 will introduce changes to the enforcement of UK sanctions laws that…
