Shipping & Transport, WSCO Advokatpartnerselskab updates

Denmark

Contributed by WSCO Advokatpartnerselskab
Is an FOB seller which receives a bill of lading bound by its jurisdiction clause?
  • Denmark
  • 05 May 2021

The Maritime and Commercial Court recently considered whether a freight on board seller which had received a bill of lading as a receipt for delivery of cargo was bound by said bill of lading's jurisdiction clause. This decision addresses the question of whether a consignor which is not a party to a transport contract but merely delivers cargo to the ship that will perform the voyage may be legally obliged and bound by a jurisdiction clause in a bill of lading.

EU Brussels I Regulation on lis pendens applies to proceedings brought under CMR
  • Denmark
  • 28 April 2021

The Maritime and Commercial Court recently held that Danish proceedings could not proceed as earlier Dutch proceedings concerned the same issue of liability, which meant that there was a risk of conflicting judgments if the cases were heard separately. The decision underlines the importance of being aware of the relevance of legal steps taken with respect to matters concerning the Convention on the Contract for the International Carriage of Goods by Road in other jurisdictions.

Court rules that parking of goods trailer on lit roadside constitutes gross negligence
  • Denmark
  • 27 January 2021

The Maritime and Commercial Court recently determined whether a Danish carrier was liable for the theft of €172,000 worth of toys which had been stolen from a subcarrier's trailer while it was parked at night. In its decision, the court considered whether the parking spot complied with the safety arrangements set out in the transport agreement.

Court finds that charter agreement was binding despite failure to perform conditional test of vessel
  • Denmark
  • 20 January 2021

The Maritime and Commercial Court recently ruled that a charter agreement was binding on a charter even though a conditional test of the vessel was not performed. This decision shows that a party which wishes to enter into a conditional chartering agreement must formulate the condition clearly and, in negotiations on the conclusion of the agreement, maintain the reservation in question.

Time limitation for recourse claim against sea carrier cannot be more than two years from cargo delivery date
  • Denmark
  • 23 December 2020

The Maritime and Commercial Court recently held that there is no basis for an interpretation that the time limit for a recourse claim can be extended beyond the total time limit of two years. Thus, the time limit for a recourse claim between sea carriers for damage to cargo which falls under the Merchant Shipping Act is, as a general rule, a maximum of two years from the date on which the damaged cargo was delivered.


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