The UK Club's Correspondents in Brazil, Representacoes Proinde Ltda, have prepared the attached Practical Guidance on Cargo Claims in Brazil. This detailed guidance provides an explanation of the Brazilian legal system in Brazil, the country's regulatory framework, how cargo claims in Brazil are handled, the applicable time bars, etc.. Members who trade to Brazil will no doubt find this guidance very helpful. If Members have any questions relating to the content of this guidance, please do not hesitate to get in touch with your usual contact at the Club, or to contact the Correspondents directly.
The ICC Incoterms rules define the responsibilities of buyers and sellers for the delivery of goods under sales contracts, and determine how costs and risks are allocated between the parties.The ICC published Incoterms 2020 ("the rules") on 10 September and the terms will come into force on 1 January 2020.
In Part 1 of this article, Introduction and background, we provided an overview of the international Conventions applicable to the multimodal trade. This was followed by Part 2, in which we looked at the legal issues under the current unimodal Conventions system.
Hong Kong and China have agreed new measures to allow parties to an arbitration seated in one jurisdiction to attach assets in the other jurisdiction pending an award. This is an important extension to arbitration proceedings of measures previously restricted to litigants before Hong Kong and Chinese courts. It also reflects the increasing use of Hong Kong as a forum for arbitration.
The multimodal transportation of goods is inherently complex. This complexity is further complicated by the absence of internationally accepted rules governing the multimodal trade. While the shipowner is often the carrier or multimodal transport operator(MTO) under the multimodal transport contract, the rules applicable to the liability of the shipowner are embodied in a mosaic of International Conventions relating to the carriage of goods by sea, by air and by road.
Today, more and more jurisdictions are either mandating or encouraging parties in dispute to make attempts to resolve their disputes through alternative dispute resolution forums before commencing proceedings in court.
Global warming has increased the potential for commercial shipping as the Arctic ice progressively melts. Canada maintains that the Passage is part of its internal waters and that no right of innocent passage exists within it, whereas the United States of America believes the Passage is an international strait where the right of transit passage exists.
The UK Club has received the following update from Turkish lawyers, Ersoy Bilgehan, regarding ship recycling plans under the Hong Kong convention.
The Ministry of Shipping in India has issued the attached notification to announce that the above Act will come into force on 1st April 2018.
A Member approached the Club asking for our help to pursue a claim under a Letter of Indemnity (LOI) issued by a charterer / shipper
Intricacies of the Philippine Legal System
05/09/2016
The Philippines contributes around a third of the world's 1.2 million seafarers, so it is unsurprising that the People Claims team deal with a high number of illness and injury cases among Filipino crew.
People Claims - Norovirus on board
07/10/2015
Senior Claims Executive, Victoria Brown looks at a recent case that demonstrates recognition by the courts that the owners and operators of passenger ships are not liable for norovirus outbreaks provided they implement the industry standard procedures to prevent the outbreak of illness, and take the necessary measures to manage illness and bring it under control if infection does occur.
When is it reasonable for an owner to withhold approval of a vessel nominated by the charterer?
04/09/2013
In a recent decision, the Commercial Court held that a shipowner's refusal to approve two VLCCs which the charterer had nominated to perform STS transfer operations was unreasonable.