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Arnecke Sibeth Dabelstein | Germany | 29 Nov 2023

A to Z transportation: Q – quittong (receipt)

This article is the 17th in a series touching, alphabetically, on select key elements of shipping and transport law in Germany. What happens if a bill of lading is signed and stamped, but it is incorrectly completed? Under German Law, in addition to the bill of lading, another transport document recognised in Germany is the "take-over receipt" (known as a quittong in German). It is generally......
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KaiRong Law Firm | China | 8 Nov 2023

How to identify legal relationship between shippers and freight forwarding companies

Shippers usually pay little attention to the identity of freight forwarding companies and the nature of the contract concluded. Sometimes, there is even no written contract concluded or transportation documents issued, and the parties only rely on trade practice or oral agreement. Thus, it is not always clear what kind of contractual relationship is established between the shippers and the......
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Kincaid | Mendes Vianna Advogados | Brazil | 4 Oct 2023

Brazilian court acknowledges validity of jurisdiction clause inserted in bill of lading

Bills of lading generally include a provision that elects the jurisdiction and the applicable law for any claims that might arise from maritime carriage. Brazilian courts have always had an intense debate about whether this clause is valid as some courts have rendered decisions acknowledging that the bill of lading is an adhesion contract. A Brazilian court has recently decided on the......
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KaiRong Law Firm | China | 4 Oct 2023

Is a carrier entitled to claim costs incurred due to non-pick-up of goods at the port of destination from the shipper?

Recently, the High Court of Liaoning Province of China handed down a judgment of second instance regarding a claim filed by a carrier against a shipper for costs incurred due to the consignee's refusal to deliver goods at the port of destination. The Court did this to affirm the original judgment in favour of the carrier's claim for reasonable container demurrage.
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Penningtons Manches Cooper LLP | United Kingdom | 15 Sep 2023

Giant Ace - Article III, rule 6 is a cuckoo in the Hague-Visby nest

A bill of lading is a document of title and, thus, liability for mis-delivery is strict. It does not matter why the ocean carrier delivers a cargo to…
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Arnecke Sibeth Dabelstein | Germany | 19 Jul 2023

A to Z transportation: B – bill of lading

The German Commercial Code states that the carrier of a good must always issue an order bill of lading to the 'ablader'. The ablader is a specific German construct, defined as the party that delivers the goods to the carrier for carriage and that has been designated as such by the shipper and recorded as such in the bill of lading. It is possible for the shipper and the ablader to be identical.
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KaiRong Law Firm | China | 5 Jul 2023

Maritime Court releases decision on short delivery of goods under bills of lading case

Recently, the Nanjing Maritime Court released its 2022 Annual Judicial, which lists several model cases that the Court handled. One of these cases is particularly instructive in its analysis of the legal issue on the short delivery of bulk cargoes that often arises in practice. This article analyses this dispute over whether the plaintiff could claim damages from the defendant carrier for the......
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Shook Lin & Bok | Singapore | 7 Jun 2023

Bills of Lading as Title and Security for Financing Banks - the Certainty of Uncertainty

The Bill of Lading - the cornerstone of global shipping and trade. The Bill of Lading entitles the party holding on to the original set of bills of…
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Penningtons Manches Cooper LLP | United Kingdom | 31 May 2023

Unicredit Bank AG v Euronav NV: is a charterparty bill of lading now worthless security?

The Court of Appeal addressed two key issues earlier this month in its decision in the Unicredit v Euronav appeal: (i) the status of a bill of lading…
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WSCO Advokatpartnerselskab | Denmark | 24 May 2023

Determining liability and number of parcels in shipment

The case discussed in this article concerns a dispute around a compensation claim that arose after water entered a container and damaged the shipment within. The judgement in this case is an expression of the general rule that a carrier cannot, by filling in boxes in a transport document, determine how many parcels a shipment includes when calculating a liability limitation amount in......
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