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27 May 2024, 4:48 am
The court has also stated that the very purpose of the formal requirements imposed by Article 17 (now Article 25 of Brussels Ia) is to ensure that consensus between the parties is in fact established (Case 313/85 Iveco Fiat v Van Hool EU:C:1986:423, [5]). [read post]
27 Feb 2024, 12:50 am
The shipowners issued bills of lading which were stated to incorporate the terms of the voyage charterparty. [read post]
19 Dec 2023, 8:57 am
In this post, David McKie, Partner, and Dany Bitar, Associate in the litigation team at CMS, preview the decision awaited from the Supreme Court in Argentum Exploration Ltd (Respondent) v Republic of South Africa (Appellant). [read post]
26 Dec 2022, 11:18 am
AK Futures LLC v. [read post]
26 Jul 2022, 8:36 am
In Watson v. [read post]
9 Aug 2021, 3:27 pm
V. [read post]
16 Jul 2021, 11:00 am
” Bill of Lading (Fed. [read post]
14 Jul 2021, 6:46 am
In support of this, he cited the view of Mr Justice Colman in Navigas v Enron. [read post]
28 Apr 2021, 3:32 am
In OCM Singapore Njord Holdings Hardrada PTE Ltd v Gulf Petrochem FZC [2020], taking into consideration the specific context of the oil industry in which carriers often discharge their cargo without sight of the original bills of lading, Judge Pelling QC warned that by accepting a letter of indemnity, the owners take a credit risk, because the indemnity is only as strong as the creditworthiness of the provider of the indemnity. [read post]
25 Jan 2021, 9:15 am
Both extensions were stated to be “for commencement of proceedings as per the above Bills of Lading in respect of the claim for alleged loss, shortage and/or damage to cargo”. [read post]
10 Nov 2020, 2:31 pm
”[6] Tobi JSC observed: “The bill of lading contains the contractual terms [foreign jurisdiction clause] between the parties and therefore binding on the parties. [read post]
27 Oct 2020, 12:43 pm
First, in Nalco Co. v. [read post]
3 Aug 2020, 11:47 am
” Prosecutors later initiated the civil forfeiture action of United States v. [read post]
3 Aug 2020, 11:47 am
"Prosecutors later initiated the civil forfeiture action of United States v. [read post]
3 Aug 2020, 11:47 am
” Prosecutors later initiated the civil forfeiture action of United States v. [read post]
17 Jun 2020, 1:12 am
Inghams sought to restrain the referral to arbitration and failed at first instance; see Inghams Enterprises Pty Ltd v Hannigan [2019] NSWSC 1186. [read post]
22 Apr 2020, 8:17 pm
United States v. [read post]
22 Apr 2020, 5:03 am
The statement of facts for the third party’s cargo stated that the bill of lading quantity was 6,014.906 MT. [read post]
9 Dec 2019, 4:27 am
In Hashi v. [read post]
10 May 2019, 1:19 pm
(citing United States v. [read post]