01/02/2008
Article 23 (3) of CMR 1956 stipulates a liability limit of 25 francs per kilogram of goods lost or damaged.
Spica Services (Thailand) have circulated a very informative summary by Pramuanchai Law Office C0 Ltd (Bangkok) on the new Thai Act on Marine Salvage, B.E.2550 (2007).
In the Australian case of Hilditch v Dorval Kaiun KK (The Golden Lucy I ), Hilditch, the Australian buyer, purchased from SK Corporation (Korea), the seller, a cargo of refined oil products, including 400 metric tonnes of Yubase 6 (a lubricant for motor engines). For the carriage from Korea to Australia, SK Corporation concluded a charterparty with carriers, Dorval, supplemented by a tanker bill of lading issued in a set of three originals.
19/12/2007
The German Commercial Code dedicates in sections 452-452d a chapter to multimodal transport. Inrecent years a critical question has been whether cargo handling operations at a sea terminal constitute an independent portion of a multimodal transport contract, or whether such cargo handling is still part of the preceding or subsequent sea carriage portion, which generally provides a liability regime that is more favourable to the carrier.
The recent ruling on a five-year long Chinese legal battle is a reminder of the importance of declaring goods correctly.
19/11/2007
A shipper purchases goods in country A with the intention of exporting them to country B. Due to import restrictions in country B on goods from country A, the shipper wants to declare that the origin of the goods is not country A, but instead country C.
ICHCA International (www.ichcainternational.co.uk), the highly regarded membership organisation dedicated to the promotion of safety and efficiency in the handling and movement of goods, reports in its urgent Information Paper 25/2007 on the failure of a container handling spreader, first reported from Port Skills and Safety Ltd (PSSL) in the UK.
If you consider doing business in one of 149 foreign countries and are looking for information on its transport and logistics environment, you may want to consult the 'Logistics Performance Index' developed by the World Bank in cooperation with the Turku School of Economics.
Maria Pittordis, Head of the Marine Personal Injury team at solicitorsHill Dickinson (London), reports that the new Corporate Manslaughter and Corporate Homicide Act 2007 will bring important changes to the law in the United Kingdom.
14/10/2007
Mike Compton also reported on an investigation into a container falling away from a front loading lift truck. This was caused by badly damaged corner castings on the container which did not arise from that particular lift but arose from some earlier incident.
Mike Compton of ICHCA International reports on the IMO sub-committee meeting, which took place 17-21 September 2007. Most of the IMDG Code has been mandatory since 1 January 2004. However, one small part is not and that is concerned with shoreside training of those persons who are involved in any way with the generation of packaged dangerous goods to the port and the ship. Similar training for ships' crews is mandatory but the reasoning for the difference is that IMO's remit does not extend ashore beyond the immediate ship/shore interface.
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