Forwarders as Insurance Intermediaries
In many jurisdictions, the traditional provision of cargo insurance by forwarders has been coming under attack as improper (or potentially improper) provision of financial services. A recent decision of the Irish regulator clarifies that where a forwarder provides a risk policy in its own name, it is the insured and not an intermediary and the regulatory requirements do not apply. For the full article click here:
http://www.forwarderlaw.com/library/view.php?article_id=496
Virtue and (Inherent) Vice
Claimants often imagine that if they establish that damage was sustained during ocean transport, carriers will be liable unless they can establish the traditional defences of error in navigation, fire, perils of the sea, etc. However, even where damage obviously arises during transport (as in the rusting of steel coils), carriers may avoid liability based on the inherent vice of the cargo if they can establish that the damage was inevitable, with or without their diligence. For the full article by London editor Paul Bugden, click here:
http://www.forwarderlaw.com/library/view.php?article_id=492
Sweaty Ships, Sweaty Cargo
And how do those steel coils wind up covered in condensation? For the full story on ship sweat, cargo sweat, and the proper steps for minimizing hold condensation, click here:
http://www.forwarderlaw.com/library/view.php?article_id=497
NDAL v Premium Tobacco
Forwarderlaw editor for The Netherlands Arnold Van Steenderen reviews last month’s decision of the Netherlands’ Supreme Court in this cargo damage case. After obtaining similar results but for different reasons in the lower courts, the Court has described in detail the basis for a finding of liability for cargo damage arising from the provision of unsuitable containers by the line. For more on ‘cargoworthiness’ click here:
http://www.forwarderlaw.com/library/view.php?article_id=495
Ocean’s End?
Jacobus Bracker, our correspondent for Germany, comments on a recent judgment of the German Federal Supreme Court (BGH) involving damage sustained by cargo on a mafi trailer that was being trucked across a port facility to a waiting truck for on-carriage. Is this road or ocean transport? Click here for the answer:
http://www.forwarderlaw.com/library/view.php?article_id=494
Arrest of Vessel: The MV Sonata
The MV Sonata was arrested by the Admiralty Division of the Irish High Court back in January 2007. The Court was asked to determine, firstly, whether it had the jurisdiction to arrest a vessel flagged from a non-State Party to the Arrest Convention (Dominica) and, secondly, whether the Bill of Lading incorporated a mandatory arbitration clause included in the charterparty to which defendants were not parties. Click here for the result: