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Shipping & Transport

11 July 2018
Iwam Jaeger Superior Court of Justice clarifies inapplicability of Consumer Protection Code to cargo claims

Brazil - Kincaid | Mendes Vianna Advogados

The 2nd Section of the Superior Court of Justice has unified the court's understanding of the applicable time bar for a subrogated insurer to pursue a claim for damages which occurred during maritime transport. This is a highly important precedent, as it has resolved a long-standing divergence between the Brazilian courts.

Authors: Iwam Jaeger, Vynicius Guimarães
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Matti Komonen Third stage of Transport Code and e-CMR protocol

Finland - HPP Attorneys Ltd

The main aims of the Transport Code are to create a growth environment for digitalisation and promote transport business by deregulation. Due to the code's broad scope, its preparation has been divided into three stages. Provisions relating to the code's third stage were recently opened for comment by the Ministry of Transport and Communications. The majority of comments received before the June deadline highlighted data protection issues.

Author: Matti Komonen
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Felix Goebel Contractual risk exclusion of intervention by customs authorities in transport insurance

Germany - Arnecke Sibeth Dabelstein

The Federal Court of Justice recently ruled on two risk exclusion clauses in transport insurance policies that are especially relevant for the export and import industries. While the decision has resolved some of the legal uncertainty surrounding transport insurance, it will likely apply to all types of insurance. As far as risk exclusion clauses are concerned, the court has made it clear that exclusion clauses should be interpreted restrictively.

Authors: Felix Goebel, Marco G Remiorz
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Recent updates

Jesper Windahl Maritime and Commercial Court finds that stevedore contract exists despite lack of written instructions

Denmark - WSCO Advokatpartnerselskab

Author: Jesper Windahl
Stephan Erbe Severe uncertainty regarding procedural value of survey reports

Switzerland - ThomannFischer

Author: Stephan Erbe
Adrian Attard Is a bunker delivery note a binding contract under Maltese law?

Malta - Fenech & Fenech Advocates

Author: Adrian Attard
Jeremy Prain Court clarifies impact of 'business rescue' regime on admiralty matters

South Africa - Bowmans

Author: Jeremy Prain
Todd G Crawford Recovering punitive damages from non-employer third parties

USA - Fowler Rodriguez

Author: Todd G Crawford
Costas Stamatiou Supreme Court confirms jurisdiction to determine claims arising in exclusive economic zone

Cyprus - Elias Neocleous & Co LLC

Authors: Costas Stamatiou, Yiota Georgiou
Marco Manzone Pro rata rule and apportionment of salvage reward between co-salvors

Italy - Dardani Studio Legale

Authors: Marco Manzone, Federico Modugno
Emeka Akabogu Ship detention gone rogue

Nigeria - Akabogu & Associates

Author: Emeka Akabogu