788 - 10/11 - Withdrawal of concession allowing unrestricted movement of Philippine crew - Brazil
Further to our Loss Prevention Bulletin 786 - 09/11 dated 23
Jurisprudence on Interpretation of the Hague-Visby Rules regarding negligent stowage (Art. 3.2).
Jurisprudence on Interpretation of Hague-Visby Rules in regards to excepted perils (Art. 4.2).
Jurisprudence on interpretation of Hague-Visby Rules in regards to limitation of liability (Art.4.5).
Jurisprudence on Interpretation of the Hague-Visby Rules in regards to due diligence (Art. 3.1).
Jurisprudence on Interpretation of the 1910 Collision Convention regarding the 'allocation of liability' (art. 4), the 'legal presumptions of fault' (art. 6) and the 'time for suit' (art. 7).
Circular 6/09 (June 2009) Vessel Response Plans (VRPs) – Conformity with International Group Guidelines & other recent developments
The number of jurisdictions that require owners to maintain vessel response plans (VRP) has been increased. This circular reiterates the four areas of importance to the Club when reviewing contracts under VRP requirements. Two annexes to this circular contain the IG guidelines on VRP contracts in the US and outside the US.
US Carriage of Goods by Sea Act: Liability of third party under bills of lading based on conduct. Case comment of Eimskip, The Iceland Steamship Company, Ltd v. Atlantic Fish Market, Inc., No. 04-2168 (1st Cir., July 27, 2005).
United States - jurisprudence on interpretation of the Bill of Lading Convention 1924 and 1968 and 1979 Protocols - Paramount Clause
Pursuant to the General Paramount clause, the Hague-Visby Rules as enacted in Spain govern claims involving cargo damage occurring during the tackle-to-tackle period, whereas U.S. law applies under the Jurisdiction clause to the litany of non-cargo maritime claims that may be brought as well as to cargo claims stemming from damage outside the tackle-to-tackle period.