The Dutch customs authorities have wide-ranging inspection powers and, once irregularities have been uncovered, parties with cargo interests may face severe delays and ensuing costs which could have been avoided had they had a better understanding of the relevant rules and regulations. Parties which violate the rules will be subject to legal enforcement proceedings and possible prosecution under criminal law in the event of the Public Prosecutor's Office's involvement.
A recent judgment of the 's-Hertogenbosch Court of Appeal confirmed the principle that the law governing an international sales contract is not decisive for determining questions of proprietary law. This is one of the first decisions of a Dutch appeal court involving the specific conflict of laws provisions in Book 10 of the Civil Code.
The COVID-19 crisis is now several weeks old and the world finds itself in an unprecedented situation both from a health and an economic perspective. This article examines how the shipping industry can manage its supply chain in the current situation and with particular focus on planning ahead for the stage when the current trade restrictions are lifted.
The International Chamber of Commerce is set to launch a new version of the Incoterms rules – the globally used, standardised set of trade terms for the international sale and delivery of goods. Although the new rules will not take effect until 1 January 2020, parties involved in the international sale and delivery of goods should use the impending introduction of the new rules as an opportunity to review their existing contracts and standard delivery terms and determine whether they are being used correctly.