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Shipping & Transport

08 August 2018
Taco van der Valk Supreme Court confirms right to limit liability

Netherlands - AKD NV

The Supreme Court has reconfirmed the right to limit liability under Dutch law, even in personal injury cases. It held that limitation as such is not a violation of the human right to protection of property under the First Protocol to the European Convention on Human Rights, and that it is nationally and internationally considered necessary that the liability of the carrier is limited or may be limited in the event of a passenger's death or personal injury.

Authors: Taco van der Valk, Vivian van der Kuil
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Herman Steen Supreme Court strikes blow against forum shopping in direct action

Norway - Wikborg Rein

In a landmark decision the Supreme Court has set aside a Court of Appeal decision which concluded that the Norwegian courts have jurisdiction under the Lugano Convention in a direct action concerning a ship collision in the Singapore Strait. The decision provides welcome clarification to liability insurers across Europe, as it sets out that the Lugano Convention is a self-contained and exclusive code governing matters relating to insurance.

Authors: Herman Steen, Kaare Andreas Shetelig, Sindre T Myklebust
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Baptiste Weijburg Aconcagua Bay – when is a berth 'always accessible'?

United Kingdom - Wikborg Rein

The Aconcagua Bay was voyage chartered for the carriage of cargo from the US Gulf. While the vessel was loading, a bridge and lock were damaged and the vessel could not leave the berth for 14 days. The owners claimed damages for detention from the charterers for the period of delay. The main issue was whether a warranty in a voyage charter that the berth is 'always accessible' means that the vessel can always enter and leave the berth.

Author: Baptiste Weijburg
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Recent updates

Elise Dale EFTA Surveillance Authority closes assessment of Norwegian International Ship Register

Norway - Wikborg Rein

Authors: Elise Dale, Andreas Fjærvoll-Larsen
Robert Joiner Inter-club Agreement – no-fault regime?

United Kingdom - Wikborg Rein

Authors: Robert Joiner, Baptiste Weijburg
Taco van der Valk Netherlands prepares to adopt Rotterdam Rules

Netherlands - AKD NV

Author: Taco van der Valk
Enare Erim Claims for unpaid crew wages unenforceable in Federal High Court

Nigeria - Akabogu & Associates

Author: Enare Erim
Plaintiff granted indemnity for losses following arrest of vessel on delivery of cargo

Malaysia - Shearn Delamore & Co

Author: Rajasingam Gothandapani
Claas Jonas Brockmeyer 'Gigaliner' operation does not violate EU law

Germany - Arnecke Sibeth Dabelstein

Authors: Claas Jonas Brockmeyer, Marco G Remiorz
Costas Stamatiou New circular on use of electronic certificates

Cyprus - Elias Neocleous & Co LLC

Author: Costas Stamatiou
Francisco Venetucci Pest control certificates – overview of current legislation

Argentina - Venetucci & Asociados

Author: Francisco Venetucci