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Shipping & Transport

February 15 2017
Jesper Windahl Court finds that Danish bill of lading terms prevail over common German conditions of freight forwarding

Denmark - Windahl Sandroos & Co

A recent Copenhagen Maritime and Commercial High Court case examined a situation in which both parties, immediately before the formation of a contract, referred to their own standard terms and conditions. This is commonly known as the 'battle of the forms'. The case illustrates the problem which arises when contracting parties, while focusing on issues essential to a specific deal, are less conscious of questions such as the choice of venue for resolving disputes.

Author: Jesper Windahl
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Morten Lund Mathisen Considered ratification of Nairobi International Convention on the Removal of Wrecks

Norway - Wikborg Rein

A year and a half after the entry into force of the Nairobi International Convention on the Removal of Wrecks, the Ministry of Transport has completed a consultation process on a proposal to ratify the convention and implement it into Norwegian law. The ministry has suggested that the convention be implemented on a dual basis, alongside existing legislation.

Authors: Morten Lund Mathisen, Herman Steen, Nina M Hanevold-Sandvik
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Chris Grieveson When charterers fail to pay hire: dilemma for owners finally resolved, but proceed with caution

United Kingdom - Wikborg Rein

In a recent case, the Court of Appeal decided unequivocally that missing a single instalment of hire under a time charter is not a breach of condition. In other words, there is no right to terminate for one missed instalment and claim damages for loss of bargain – usually the difference between the charter and market rate for the remainder of the charter period. The court also set out useful guidance on what constitutes 'renunciation' (anticipatory repudiatory breach) of a time charter.

Authors: Chris Grieveson, Ben Williams
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Recent updates

Robert Joiner How not to start an arbitration

United Kingdom - Wikborg Rein

Authors: Robert Joiner, Rob Jardine-Brown
Matti Komonen Parliament considers first phase of Transport Code

Finland - HPP Attorneys Ltd

Author: Matti Komonen
Vasileios Psyrras Guidance ahead of entry into force of ballast water convention

Cyprus - Elias Neocleous & Co LLC

Author: Vasileios Psyrras
Jesper Windahl Contract on unloading of cargo governed by some, but not all, CMR sections

Denmark - Windahl Sandroos & Co

Author: Jesper Windahl
Anders W Færden Arbitration clauses and third parties in bills of lading and other agreements

Norway - Wikborg Rein

Authors: Anders W Færden, Herman Steen, Bård Breda Bjerken
Øyvind Axe Entry into force of ballast water convention

International - Wikborg Rein

Authors: Øyvind Axe, Cecilie Koch Hatlebrekke, Anne Celine Troye
Lawrence Dardani Limitation of maritime pilots' liability

Italy - Dardani Studio Legale

Author: Lawrence Dardani
Court rules on payment for bunkers

Malaysia - Shearn Delamore & Co

Author: Rajasingam Gothandapani