DOCSLIB.ORG

Shipping in 36 Jurisdictions Worldwide 2014 Contributing Editor: Kevin Cooper

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

® Shipping in 36 jurisdictions worldwide 2014 Contributing editor: Kevin Cooper Published by Getting the Deal Through in association with: Adepetun Caxton-Martins Agbor & Segun Advokatfirmaet Simonsen Vogt Wiig AS Ali Budiardjo, Nugroho, Reksodiputro Andrade Dias & Associados Bech-Bruun Bratschi Wiederkehr & Buob Campbell Johnston Clark Chrysses Demetriades & Co LLC Consolato del Mare OÜ De Castro & Robles Dingli & Dingli Law Firm Dzungsrt & Associates LLC ENS (Edward Nathan Sonnenbergs) Guzmán Escobar & Asociados Haridass Ho & Partners HWL Ebsworth Lawyers Ince & Co LLP Ince & Co Middle East LLP Interlegal, Ukraine Jorquiera & Rozas Abogados Joseph & Partners K&L Gates LLP Kincaid – Mendes Vianna Advogados Associados LOGOS Legal Services Marine Legal Bureau Norton Rose Fulbright LLP Okabe & Yamaguchi Rogers & Co Abogados Segelken & Suchopar Sokolov, Maslov and Partners Straits Consulting Group Van Steenderen MainportLawyers BV Vukic´ & Partners Watson, Farley & Williams Wintell & Co CONTENTS ® Shipping 2014 Australia Joe Hurley, Glenn O’Brien, Jesper Martens and Chris Sacre HWL Ebsworth Lawyers 3 Contributing editor Brazil Godofredo Mendes Vianna, Camila Mendes Vianna Cardoso and Lucas Leite Marques Kevin Cooper Ince & Co LLP Kincaid – Mendes Vianna Advogados Associados 13 Publisher Chile Ricardo Rozas and Max Morgan Jorquiera & Rozas Abogados 22 Gideon Roberton China James Hu, Mervyn Chen and Lawrence Chen Wintell & Co 32 Business development managers Alan Lee George Ingledew Colombia José Vicente Guzmán and Javier Franco-Zárate Guzmán Escobar & Asociados 44 Dan White Croatia Gordan Stankovic´ and Maja Dotlic´ Vukic´ & Partners 51 Account manager Megan Friedman Cyprus Michael McBride, Yiannis Christodoulou and Michael Papadopoulos Trainee account managers Chrysses Demetriades & Co LLC 59 Cady Atkinson Joseph Rush Denmark Johannes Grove Nielsen and Camilla Søgaard Madsen Bech-Bruun 66 Dominique Destrée Emma Chowdhury England & Wales Kevin Cooper, Reema Shour, Ruaridh Guy and Polly Davies Ince & Co LLP 74 Media coordinator Parween Bains Estonia Indra Kaunis and Taavi Rihvk Consolato del Mare OÜ 89 Administrative coordinator France Christine Ezcutari Norton Rose Fulbright LLP 96 Sophie Hickey Germany Kathrin Janka Riehmer Segelken & Suchopar 105 Trainee research coordinator Robin Synnot Greece George Iatridis and Dimitris Kapsis Ince & Co 112 Marketing manager (subscriptions) Rachel Nurse Hong Kong Su Yin Anand Ince & Co 117 [email protected] Iceland Einar Baldvin Axelsson LOGOS Legal Services 128 Head of editorial production Adam Myers Indonesia M Husseyn Umar, Sahat AM Siahaan and Ridzky Firmansyah Amin Production coordinator Ali Budiardjo, Nugroho, Reksodiputro 136 Lydia Gerges Ireland Helen Noble and Damien Magee Campbell Johnston Clark 142 Senior production editor Jonathan Cowie Japan Shuji Yamaguchi Okabe & Yamaguchi 150 Subeditors Timothy Beaver Latvia Edward Kuznetsov Marine Legal Bureau 156 Caroline Rawson Malaysia Primila Edward and Jeremy Joseph Straits Consulting Group/Joseph & Partners 163 Director Callum Campbell Malta Kevin F Dingli and Suzanne Shaw Dingli & Dingli Law Firm 170 Managing director Netherlands Arnold J van Steenderen, Marieke G van den Dool and Charlotte J van Steenderen Richard Davey Van Steenderen MainportLawyers BV 180 Shipping 2014 Published by Law Business Research Ltd Nigeria Funke Agbor and Chisa Uba Adepetun Caxton-Martins Agbor & Segun 193 87 Lancaster Road London, W11 1QQ, UK Norway Lars Musæus and Christian Bjørtuft Ellingsen Advokatfirmaet Simonsen Vogt Wiig AS 200 Tel: +44 20 7908 1188 Fax: +44 20 7229 6910 © Law Business Research Ltd 2013 Panama Gabriel R Sosa, Eduardo A Real and Alberto Lopez Tom De Castro & Robles 208 No photocopying: copyright licences do not apply. Portugal Mateus Andrade Dias Andrade Dias & Associados 214 First published 2008 Sixth edition Russia Mikhail Sokolov, Anna Arkhipova and Sergey Seliverstov Sokolov, Maslov and Partners 226 ISSN 1759-0744 Singapore Ajaib Haridass, Thomas Tan and V Hariharan Haridass Ho & Partners 233 The information provided in this publication is general and may not apply South Africa Tony Norton, Mike Tucker and Kate Pitman ENS (Edward Nathan Sonnenbergs) 244 in a specific situation. Legal advice should always be sought before taking any legal Spain Marie Rogers, David Diez Ramos and Luis Alberto García Villar Rogers & Co Abogados 253 action based on the information provided. This information is not intended to Switzerland Alexander Blarer and Anton Vucurovic Bratschi Wiederkehr & Buob 261 create, nor does receipt of it constitute, a lawyer–client relationship. The publishers and authors accept no responsibility for Thailand Alan Polivnick, Tossaporn Sumpiputtanadacha and Michaela Croft any acts or omissions contained herein. Watson, Farley & Williams 267 Although the information provided is accurate as of September 2013, be advised that this is a developing area. Ukraine Arthur Nitsevych and Nikolay Melnykov, Interlegal, Ukraine 275 Printed and distributed by United Arab Emirates Graham Crane, Jacqueline Wright, Anna Fomina, Encompass Print Solutions Alexandra Bailey and Pavlo Samothrakis Ince & Co Middle East LLP 283 Tel: 0844 2480 112 United States Jeffrey S King, Julius H Hines and Jorge Romero K&L Gates LLP 291 Vietnam Dang Viet Anh and Vu Phuong Trang Dzungsrt & Associates LLC 299 Law Quick Reference Tables 308 Business Research Dzungsrt & Associates LLC VIETNAM Vietnam Dang Viet Anh and Vu Phuong Trang Dzungsrt & Associates LLC Newbuilding contracts 4 Where the vessel is defective and damage results, would a claim lie in contract or under product liability against the shipbuilder at the suit 1 When does title in the ship pass from the shipbuilder to the of the shipowner; a purchaser from the original shipowner; or a third shipowner? Can the parties agree to change when title will pass? party that has sustained damage? It is very common for local builders to hold title in the ship until The builder’s liability for defective work is contractual and is avail- actual delivery or closing time. Local builders are allowed to raise able during the warranty time which is normally set for 12 months as finance by mortgaging equipment and facilities installed into a par- from the actual delivery. Hence, both the shipowner and a purchaser ticular hull as well as to take out appropriate insurance on the vessel from the original shipowner may claim against the builder under the being constructed. The buyers often try to secure their instalments terms and conditions of the shipbuilding contract and the warranty through a refund guarantee issued by the builder’s bank, the builder’s certificate attached thereto. holding company, or both. In the case of a third party that has sustained damages, he or she In some circumstances, the Vietnamese law may allow parties to may file a claim in tort against the shipbuilder under product liability. choose a foreign law as the applicable law of the shipbuilding con- tract. In this situation, parties may agree to change the time at which Ship registration and mortgages title to the ship will pass, provided that such time is not earlier than the time at which a deregistration or deletion certificate is issued to 5 What vessels are eligible for registration under the flag of your the effect that the builder is no longer the owner of the ship under country? Is it possible to register vessels under construction under Vietnamese law. the flag of your country? If the ship flies the Vietnamese flag or Vietnamese law applies Any kind of vessel used in navigation is eligible for registration, to the shipbuilding contract, title of the ship under construction whether it be propelled or moored, including lighters, barges, off- will pass from the shipbuilder to the shipowner when the latter is shore industry mobile units, seismic vessels and so on. recorded in the National Register of Ships as the new owner. Vietnamese vessels which meet any of the following criteria must be registered with local ship registers: 2 What formalities need to be complied with for the refund guarantee to • self-propelled with main engine capacity of 75 kW or higher; be valid? • non-self-propelled with a gross tonnage of 50 GT or more; • have a deadweight tonnage of 100 tons or more; A refund guarantee is defined as a unilateral undertaking (a unilateral • have a designed lead waterline length of 20 metres or more; or civil transaction) which is often provided by a bank or a holding • are seagoing vessels smaller than the above-mentioned vessels but company of the shipbuilder. In accordance with the conflict rules which travel international shipping routes. of Vietnamese law, a refund guarantee must comply with the guar- antor’s corporate procedures and the law where the guarantor is Passenger ships must not be more than 10 years old and other incorporated or operating. ships must not be more than 15 years old at the time of their first registration. 3 Are there any remedies available in local courts to compel delivery of Vessels under construction may be registered once the keel has the vessel when the yard refuses to do so? been laid. Vietnam has not yet established an effective mechanism for local courts to issue an interim order to assist foreign courts or arbitral 6 Who may apply to register a ship in your jurisdiction? tribunals. Hence, only in cases where parties have agreed to settle Both Vietnamese and foreign companies, individuals and entities their disputes in Vietnam, may they submit an application to
Recommended publications
  • Bills of Lading 4 - Cargo Shortage Claims

    Bills of Lading 4 - Cargo Shortage Claims

    Claims Guides Bills of Lading 4 - Cargo Shortage Claims The carrier is under an obligation to deliver the full cargo which was loaded. Invariably cargo shortage claims arise from time to time. How are these claims treated under English law? “Figures” is a term used throughout this document to describe the “number packages or pieces, or the quantity, or weight”, of the goods carried. What is the evidence against a) What is the evidential weight of the “weight, measure, quantity, quality, the owners? bill of lading figures towards third condition, contents and value party receivers: conclusive evidence unknown”: Weighing the evidence When shortage claims arise at the or prima facie evidence? discharge port, whether or not the carrier Once it is established that the figures is liable is a question of evidence. Under the Hague Visby Rules, Article are not binding on the carrier, an III Rule 4, the figures on the bill of English court will just weigh evidence lading will be conclusive evidence from both parties as in a normal between the carrier and the third dispute. A useful guide to see how party. (See also the Hamburg Rules, an English court would consider a Article 16(3)(b)). shortage case is illustrated in the MONTANA LLR 402 [1990]. In this b) Can the owners protect themselves case, the judge looked at the evidence with disclaimers such as: “weight, as to how accurate the tally would measure, quantity, quality, have been: no tally man on every hold, condition, contents and sometimes a tally man had to count value unknown?” slings from two holds, some of the English law recognises the disclaimer discharge occurred at night time, the “weight, measure, quantity, quality, stevedores were paid per tonnage condition, contents and value discharged and not time, there was an unknown”.
  • How to Win at Marine Cargo Claims: an English Perspective the Hague, Hague-Bisby and Hamburg Rules

    How to Win at Marine Cargo Claims: an English Perspective the Hague, Hague-Bisby and Hamburg Rules

    HOW TO WIN AT MARINE CARGO CLAIMS: AN ENGLISH PERSPECTIVE THE HAGUE, HAGUE-BISBY AND HAMBURG RULES Simon David Jones, English Solicitor Cozen O’Connor Tower 42, Level 27 25 Old Broad Street London, UK +44 (0) 20 7864 2000 [email protected] Atlanta Charlotte Cherry Hill Chicago Dallas Las Vegas* Los Angeles New York Newark Philadelphia San Diego San Francisco Seattle West Conshohocken Washington, DC Wilmington *Affiliated with the Law Offices of J. Goldberg & D. Grossman The views expressed herein are those of the author and do not necessarily represent the views or opinions of any current or former client of Cozen O'Connor. These materials are not intended to provide legal advice. Readers should not act or rely on this material without seeking specific legal advice on matters which concern them. Copyright (c) 2001 Cozen O'Connor ALL RIGHTS RESERVED 1 HOW TO WIN AT MARINE CARGO CLAIMS : AN ENGLISH PERSPECTIVE THE HAGUE, HAGUE-VISBY AND HAMBURG RULES Background At English common law the parties to a contract of affreightment covered by a Bill of Lading or similar document had complete freedom to negotiate their own terms as had the parties to a charterparty. Abuse of the carriers’ stronger bargaining position during the 19th century led to extremely onerous terms being placed in Bills of Lading. The first attempt to redress the balance between the interests of ship and cargo came from the United States in the form of the Harter Act of 1893. It soon became clear to the major marine trading countries that a single Convention binding all contracting parties was preferable to a system of similar but not identical Acts.
  • Maritime Carrier's Liability for Loss of Or Damage to Goods Under The

    Maritime Carrier's Liability for Loss of Or Damage to Goods Under The

    Maritime Carrier's Liability for Loss of or Damage to Goods under the Hague Rules, Visby Rules and the Hamburg Rules, compared with his Liability as an Operator under the Relevant Rules of the International Multimodal Transport Convention. A Thesis Submitted for the Degree of Doctor of Philosophy by Hani M.S. Abdulrahim The School of Law, Faculty of Law and Financial Studies, University of Glasgow February 1994 © Hani M.S. Abdulrahim, 1994 ProQuest Number: 11007904 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11007904 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 “ILhl m i GLASGOW C>p I UNIVERr'T library ii To My mother, brothers, sisters and in memory of my father. Acknowledgements I wish with considerable enthusiasm to acknowledge and express my deepest grateful thanks and gratitude to Dr. W. Balekjian and Mr Alan Gamble for their invaluable guidance and encouragement in supervising this thesis. They have given unsparingly of their time to it. It gives me great pleasure to acknowledge the helpfulness of the Glasgow University library staff, and also my deep gratitude to Mrs Cara Wilson who kindly typed this work.
  • General Terms and Conditions of Carriage for International Freight Traffic by Rail (GTC-CIM)

    General Terms and Conditions of Carriage for International Freight Traffic by Rail (GTC-CIM)

    Edition 1 July 2006 General Terms and Conditions of Carriage for International Freight Traffic by Rail (GTC-CIM) Applicable with effect from 1 July 2006 GTC-CIM This document may be shared with the public In accordance with point 2.5 a) of the CIT Statutes, this document is a recommendation and only binds members to the extent that members adopt it (opting-in principle). © 2006 International Rail Transport Committee (CIT) www.cit-rail.org Amendment No Applicable with effect from 2 General Terms and Conditions of Carriage for International Freight Traffic by Rail (GTC-CIM) 1 Definitions 4 Consignment note For the purposes of these General Terms and Conditions of 4.1 Except if otherwise agreed, the completion of the Carriage (GTC-CIM) the term: consignment note shall be the responsibility of the a) «CIM» means the Uniform Rules concerning the consignor. Contract of International Carriage of Goods by Rail, 4.2 The GLV-CIM contains the information required to Appendix B to the Convention concerning International make use of the consignment note. Carriage by Rail (COTIF 1999), b) «carrier» means the contractual carrier or the successive 4.3 In accordance with CIM Article 6 § 9, the consign- carrier, ment note may be created as an electronic record. The par- c) «substitute carrier» means a carrier who has not ties to the contract shall determine details for the use of an concluded the contract of carriage with the consignor but electronic consignment note in a special agreement. Print- to whom the carrier defined under (b) has entrusted the outs complying with the provisions of the GLV-CIM shall be performance of the carriage by rail in total or in part.
  • 1929 Warsaw Convention

    1929 Warsaw Convention

    CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR, SIGNED AT WARSAW ON 12 OCTOBER 1929 ( WARSAW CONVENTION) CHAPTER I SCOPE - DEFINITIONS Article 1 1. This Convention applies to all international carriage of persons, luggage or goods performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking. 2. For the purposes of this Convention the expression "international carriage" means any carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to this Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of this Convention. 3. A carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party.
  • Carriage Contracts, Liabilities and Cargo Claims

    Carriage Contracts, Liabilities and Cargo Claims

    MASTERCLASS WORKSHOP CARRIAGE CONTRACTS, LIABILITIES AND CARGO CLAIMS Dubai 10-12 December 2019 MASTERCLASS WORKSHOP CARRIAGE CONTRACTS, LIABILITIES AND CARGO CLAIMS Day 1 Day 2 08:30-09:00 Registration / coffee 08:30-09:00 Informal Q&A 09:00-09:20 Course introduction 09:00-10:30 The carriers’ defences: ● exclusions from liability 09:20-10:15 Overview of marine cargo claims ● in what circumstances can the carrier rely on The inter/relationship between: them? ● the cargo sale contract and ● limitation of liability ● the carriage contracts and ● time limits. ● the insurance contract. 10:30-11:00 Coffee 10:15-11:00 Who is the carrier? ● the importance of the question 11:00-12:00 Cargo claims under multimodal carriage ● how is the question answered? contracts ● the position under chartered ships. 12:00-12:30 What is the governing contract of carriage 11:00-11:30 Coffee when the vessel is chartered and bills of lading are issued? 11:30-12:15 Who has the right to sue the carrier? ● the effect of the transfer of the bill of lading 12:30-13:30 Lunch from seller to buyer ● the effect of insurance. 13:30-15:00 Jurisdiction and security requirements: ● court or arbitration 12:15-13:00 Contractual and non-contractual claims: ● arrest procedures ● claims under the contract of carriage ● threshold jurisdiction ● claims in tort/delict outside the contract of ● stay of proceedings. carriage ● the effect on contractual defences. 15:00-15:30 Coffee 13:00-14:00 Lunch 15:30-17:30 Case study 1 14:00-15:00 Introduction to the international conventions for the carriage of cargo by sea: ● Hague Rules ● Hague-Visby Rules ● Hamburg Rules ● Rotterdam Rules.
  • The Future of International Unification of Transport Law

    The Future of International Unification of Transport Law

    The Future of International Unification of Transport Law Jan Ramberg Already in 1973 I saw fit to express some thoughts as to the prospects of harmonizing the rules relating to the various modes of transport.1 In particular it could be noted that maritime law differed considerably from the law of the other modes. The carrier of goods by sea enjoyed particular exemptions (such as the exemption for error in navigation and the management of the vessel and of fire) and further much lower monetary limits of liability than applied to the other modes. At that time, efforts to create a new régime had already been initiated under the auspices of UNCITRAL and this resulted in the so-called Hamburg Rules 19782 and somewhat later the 1980 UN Convention on Multimodal Transport of Goods. The Hamburg Rules have entered into force but on a limited scale and the multimodal transport convention has not entered into force and will presumably remain unsuccessful in its present form. Within the law of freight forwarding the 1967 UNIDROIT Draft Convention met opposition by the freight forwarders' world organization, FIATA, and did not advance to a diplomatic conference. Efforts within FIATA were undertaken to create general conditions for worldwide acceptance. This resulted in the 1997 FIATA Model Rules for Freight Forwarding Services which, it seems, only serves as a model in order to indicate the desirable level of liability to be used in national freight forwarding conditions. In particular, it should be noted that the freight forwarder is liable as carrier when he actually performs the carriage or when “he has made an express or implied undertaking to assume carrier liability” (Art.
  • The Hague Visby Rules

    The Hague Visby Rules

    - 1 - The Hague Visby Rules CHAPTER 1 APPLICATION OF THE RULES GENERALLY I. Introduction The Hague Rules1 were adopted in 1924, the Hague/Visby Rules in 19682 and 19793 and the Hamburg Rules4 in 1978. Each international convention in turn attempted to broaden its application in order to avoid lacunae, to encompass all contracts of carriage as well as bills of lading, and to permit incorporation by reference. This chapter deals with the application of the three sets of rules. While the Hamburg Rules are in force in about twenty-six countries, the Hague Rules or the Hague/Visby Rules are presently in force in most of the world's shipping nations. Some nations such as France have two international regimes. They apply the Hague Rules to shipments from a Hague Rules nation and the Hague/Visby Rules to all outbound shipments. Belgium applies the Hague/Visby Rules inbound and outbound5 and the United States applies COGSA (the Hague Rules)6 in the same way. Some nations7 have a national local law for internal shipments which is similar but not identical to the Hague Rules or the Hague/Visby Rules.8 Finally, some nations such as the United States have a local law for inland traffic and after discharge and before loading, which is unique to them.9 The problem is further complicated by the method of adoption of the Rules. Some nations such as Canada10 and Australia11 have enacted a local statute to which is attached the Hague/Visby Rules as a schedule, but Canada and Australia have neither acceded to nor ratified the original 1924 Convention adopting the Hague Rules and therefore cannot be considered as “contracting states”.
  • A Boxful of Rules Captain VS Parani

    A Boxful of Rules Captain VS Parani

    World Maritime University The Maritime Commons: Digital Repository of the World Maritime University Books Library 2018 A Boxful of Rules Captain VS Parani Follow this and additional works at: https://commons.wmu.se/lib_books Part of the Transportation Commons Recommended Citation Parani, Captain VS, "A Boxful of Rules" (2018). Books. 3. https://commons.wmu.se/lib_books/3 This Book is brought to you courtesy of Maritime Commons. Open Access items may be downloaded for non-commercial, fair use academic purposes. No items may be hosted on another server or web site without express written permission from the World Maritime University. For more information, please contact [email protected]. A Boxful of Rules Captain VS Parani 0 A Boxful of Rules Captain VS Parani What the book is about? Are you involved with or studying the logistics and transport industry? Have you wondered what happens when things go wrong during the transport, such as when a shipment of televisions is received in damaged condition, a container of cigarettes is stolen, or, an important shipment of prawns is received a week too late for the local market? Well, this is what this book is all about! In the modern global economy, finished and semi-finished products are transported in large volumes across the globe. Things do go wrong during such transport; then what recourse does the cargo owner have? How much loss will be made good by the insurers and under which convention? On opening the container, a strange sight awaits the consignee at the destination! How and when did this cargo get damaged? Such situations complicate the liability regime in multimodal transport.
  • Differences Between Various Rules for Carriage Of

    Differences Between Various Rules for Carriage Of

    A COMPARATIVE ANALYSIS OF THE HAGUE-VISBY RULES, THE HAMBURG RULES AND THE ROTTERDAM RULES * FRANCESCO BERLINGIERI This comparative analysis will be divided in the following three parts: I. Matters regulated by the Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules II. Matters regulated by the Hamburg Rules and the Rotterdam Rules III. Matters regulated only by the Rotterdam Rules I. Matters regulated by the Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules 1. Definition of contract of carriage.........................................................Page 2 2. Geographical Scope of application ........................................................ “ 3 3. Exclusions from the scope of application................................................ “ 4 4. Period of application and period of responsibility of the carrier ............ “ 5 5. Obligations of the carrier....................................................................... “ 6 6. Liability of the carrier and allocation of the burden of proof.................. “ 8 7. Liability of the carrier for other persons ................................................ “ 13 8. Liability of servants, agents and independent contractors ...................... “ 14 9. Notice of loss, damage or delay.............................................................. “ 16 10. Obligations and liability of the shipper .................................................. “ 18 11. Contract documents ............................................................................... “ 24 12.
  • Shipping Law 2018 6Th Edition a Practical Cross-Border Insight Into Shipping Law

    Shipping Law 2018 6Th Edition a Practical Cross-Border Insight Into Shipping Law

    ICLGThe International Comparative Legal Guide to: Shipping Law 2018 6th Edition A practical cross-border insight into shipping law Published by Global Legal Group, with contributions from: Akabogu & Associates Guantao Law Firm Peter Doraisamy LLC Ana Cristina Pimentel & Associados, HFW Q.E.D INTERLEX CONSULTING SRL Sociedade de Advogados, SP, RL Hill Dickinson LLP Rosicki, Grudziński & Co. Arias, Fábrega & Fábrega Ince & Co Middle East LLP Sabatino Pizzolante Abogados BLACK SEA LAW COMPANY Jensen Neugebauer Marítimos & Comerciales Clyde & Co LLP JIPYONG SSEK Legal Consultants Dardani Studio Legale Kegels & Co Stephenson Harwood Dingli & Dingli KOCH DUKEN BOËS ThomannFischer D. L. & F. DE SARAM Lee and Li, Attorneys-at-Law Tomasello & Weitz DQ Advocates LERINS & BCW Van Traa Advocaten N.V. Esenyel|Partners Lawyers & Consultants LEX NAVICUS CONCORDIA Vieira de Almeida | Guilherme Daniel & Associados Estudio Arca & Paoli Abogados LP LAW | LOPES PINTO ADVOGADOS Fernandes Hearn LLP ASSOCIADOS Vieira de Almeida | RLA – Sociedade de Advogados, RL Foley Gardere, Foley & Lardner LLP Meana Green Maura y Asociados SLP VUKIĆ & PARTNERS FRANCO & ABOGADOS ASOCIADOS (MGM&CO.) Wikborg Rein Advokatfirma AS FRANCO, DUARTE, MURILLO Mulla & Mulla & Craigie Blunt & Caroe ARREDONDO NASSAR ABOGADOS Yoshida & Partners Graham Thompson Noble Shipping Law Grossman, Cordova, Gilad & Co. Law Offices (GCG) The International Comparative Legal Guide to: Shipping Law 2018 General Chapters: 1 Key Recent Cases Considering Package/Unit Limitation under the Hague and Hague-Visby
  • Matkahuolto's Conditions of Carriage for Domestic Deliveries

    Matkahuolto's Conditions of Carriage for Domestic Deliveries

    Matkahuolto’s Conditions of Carriage for Domestic Deliveries Oy Matkahuolto Ab (“Matkahuolto”) carries parcels in accordance with the Road Transport Agreement Act and these General Conditions of Carriage specifying the legal responsibilities and obligations of the consignor, carrier and consignee. 1 Scope of application These General Conditions of Carriage (hereinafter “Conditions of Carriage”) govern, together with the Road Transport Agree- ment Act, all domestic (incl. Åland) carriage of parcel products that the consignor submits to Matkahuolto for delivery for a consideration in accordance with these Conditions of Carriage (“Transport Service”). The carriage of freight is governed by specific freight carriage conditions in force at any given time. Consignor means the sender of the parcel or other party retaining Matkahuolto’s services for the purpose of carriage of goods. The consignor may be a cash or contract customer. Insofar as the cash customer is a consumer, these Conditions of Carriage do not limit the rights of the consumer under the Consumer Protection Act. Aside from these Conditions of Carriage, Transport Services are governed by the descriptions and then-current conditions applicable to specific parcel products (“Product Conditions”). The Product Conditions applied to certain parcel products may include conditions or limitations that differ from these Conditions of Carriage. Consignors need to examine the Product Condi- tions before entering into an agreement on Transport Services. 2 Submission of the consignment to Matkahuolto A consignment can be submitted to Matkahuolto at a Matkahuolto terminal or a Matkahuolto agent or left at the site of a Matkahuolto partner offering Matkahuolto’s Transport Services (including automated parcel terminals, consignments picked up at the offices of contract customers or consignments to be carried by coaches) unless otherwise specified in the Product Conditions.