Shipping & Transport

December 06 2017
Matti Komonen Helsinki Appeal Court on carrier's liability for loss of pharmaceuticals

Finland - HPP Attorneys Ltd

Correct temperature is vital to maintaining the feasibility and effectiveness of pharmaceuticals throughout their lifecycle, including during carriage. Although various guidelines have been issued and express provisions have been included in transport agreements to maintain the cold chain, damage often occurs. The Helsinki Appeal Court recently considered whether the level of a carrier's liability should be agreed in advance and whether failure to maintain an agreed temperature should constitute gross negligence.

Author: Matti Komonen
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Lina Wiedenbach Starting point of carrier's period of responsibility for goods packed in containers

Germany - Dabelstein & Passehl

The Higher Regional Court of Hamburg recently clarified the fact that goods having been packed in a container made available to a shipper by a carrier on a decoupled trailer belonging to the carrier is insufficient grounds for the carrier to have accepted the goods for carriage. The court set out the prerequisites for a carrier's acceptance of goods under Section 425 of the Commercial Code, as established in case law.

Authors: Lina Wiedenbach, Marco G Remiorz
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Michael Harowski Maritime attachment permissible to obtain security for foreign arbitration, but only as adjunct to obtaining jurisdiction

USA - Fowler Rodriguez

The US Court of Appeals for the Eleventh Circuit recently reinforced the availability of a maritime attachment as a means of obtaining security for a foreign arbitration. However, in so doing, the court highlighted that a maritime attachment must include an element of obtaining jurisdiction and may not be used solely to obtain security from a party already subject to the court's jurisdiction.

Author: Michael Harowski
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Recent updates

Stefanie Landauer Loss of goods due to misloading in multimodal transport

Germany - Dabelstein & Passehl

Authors: Stefanie Landauer, Marco G Remiorz
Stefanie Roose Logistics service providers must be clear on general terms and conditions

Netherlands - AKD NV

Author: Stefanie Roose
Costas Stamatiou Tonnage tax: countries whose ships are subject to surcharge

Cyprus - Elias Neocleous & Co LLC

Author: Costas Stamatiou
Adrian Attard Legislative changes: ship sale contracts and charterparties

Malta - Fenech & Fenech Advocates

Author: Adrian Attard
Ngozi Medani Maritime security – who's in charge?

Nigeria - Akabogu & Associates

Author: Ngozi Medani
Jeremy Prain Hanjin fallout – part two: High Court refuses time extension for writs of arrest in rem

South Africa - Bowmans

Author: Jeremy Prain
Jesper Windahl Maritime and Commercial High Court interprets definition of 'visible damage'

Denmark - Windahl Sandroos & Co

Authors: Jesper Windahl, Rósing Rasmussen
Godofredo Mendes Vianna Superior Court of Justice recognises validity of foreign ship mortgages

Brazil - Kincaid | Mendes Vianna Advogados

Authors: Godofredo Mendes Vianna, Fernanda Gueiros Bernardes

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