“Genuine Commercial Justification”
“Genuine Commercial Justification” as a basis for a liquidated damages clause in Shipbuilding Facts: XYZ Company signed a contract with the claimant shipbuilder for the construction of a luxury yacht. The contract price of €38 million was payable by installments
The “Athens Protocol” Limitation of Libility
The impact of insurance practices on liability conventions 1 Introduction For some years, I have been involved in making various studies on maritime liability conventions in the Legal Committee of the International Maritime Organization. However, some observations from this work,
What is “Proper” in International Trading?
International shipping regulations are quite basic and remain unchanged, for the most part, around the world. Aside from governmental regulations that can place limits on the quantity of goods imported and/or exported and also the type or manner of goods
Incoterms
International sales contracts: new Incoterms in effect 1st January 2011 Export transactions generally involve international sales contracts, whose clarity of terms is crucial to avoiding disputes between parties. To ensure consistent interpretation, the International Chamber of Commerce created a set
The Rotterdam Rules Shipper’s Obligations and Liability
Introduction 1. In general terms, the Rotterdam Rules (RR) does not make substantial changes about the existing law regarding shipper’s obligations and liability. Most of the features in the subject have been kept nearly the same as they were treated
the concept of “all costs” Should forwarders pay?
Should forwarders pay when the ship sinks and production stops? A brief introduction to cargo and liability insurance, and the consequences of the extension of forwarder responsibility towards strict liability and higher limits Increasingly, forwarders are becoming integrated partners in
Institute Cargo Clauses – “inherent vice”
Marine insurance is an inevitable part of the import and export of cargo. Whilst we have all seen the wording of the various policies on many occasions, it may be worthwhile to review the consequences of the policies on the
Goodbye Hague, Hello Rotterdam
Opinion: Here’s a forecast from those of us who write and review numerous transportation contracts: A new international law looms ahead that will be very beneficial to truckers if we strategize to take advantage of it. Globalization continues to change
Cargo claims (detention) a case study
Issues of liability and the cause of the arrest and detention of the vessel The vessel was chartered on the Sugar Charter Party 1999 for the carriage of “a full and complete” cargo of sugar. At the discharge port, it