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Shipping & Transport

22 May 2019
Costas Stamatiou Court applies international collision regulations and considers subrogation

Cyprus - Elias Neocleous & Co LLC

The admiralty jurisdiction of the Supreme Court recently ruled in a case concerning a marine accident which occurred when the bow of a sailing boat rammed the starboard side of a speedboat. It was highly disputed whether the sailing boat had been simultaneously using open sails and its engine. In reaching its conclusion, the court considered the evidence and the Rules of the Convention on the International Regulations for Preventing Collisions at Sea.

Authors: Costas Stamatiou, Andreas Christofides
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Lars Kortländer Destruction of consignment by Customs – question of liability

Germany - Arnecke Sibeth Dabelstein

The Higher Regional Court of Dusseldorf recently confirmed the underlying principle of Article 18(2)(d) of the Montreal Convention – namely, that air carriers cannot be held liable for damages which are entirely outside their sphere of risk and influence. However, this decision is also a useful reminder that an exclusion of liability clause is not a free pass for carriers.

Authors: Lars Kortländer, Marco G Remiorz
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Stefanie Roose Understanding legal position of digital logistics platforms

Netherlands - AKD The Netherlands

Digital platforms which connect logistics service providers with their customers have become commonplace. A relevant question from a legal perspective is whether such a platform acts as a carrier or freight forwarder. The answer to this question will affect a platform's civil and public law exposure. As such, platforms should consider their legal position carefully.

Authors: Stefanie Roose, Barbara Wilbrink
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Recent updates

Andrew J Heck New Jersey Supreme Court signals potential sea change in scope of damages in auto accident cases

USA - Wilson Elser

Authors: Andrew J Heck, Christopher W McClanahan
Foreign ships repairing undersea cables now exempt from cabotage policy

Malaysia - Shearn Delamore & Co

Author: Rajasingam Gothandapani
Ricardo Rozas New law increases criminal liability for damage to hydro-biological resources

Chile - JJR Abogados

Author: Ricardo Rozas
Rodrigo Baptista Dalhe Courts confirm claim for unpaid bunker constitutes lien and permits vessel arrest

Brazil - Kincaid | Mendes Vianna Advogados

Authors: Rodrigo Baptista Dalhe, Lucas Marques
Costas Stamatiou New form introduced for safety management and port facility security requirements

Cyprus - Elias Neocleous & Co LLC

Author: Costas Stamatiou
Francisco Venetucci Bunker supply and VAT

Argentina - Venetucci & Asociados

Author: Francisco Venetucci
Enare Erim NIMASA introduces new compliance strategy for cabotage

Nigeria - Akabogu & Associates

Author: Enare Erim
Carsten Vyvers Light goods + heavy pallets x 8.33 special drawing rights?

Germany - Arnecke Sibeth Dabelstein

Author: Carsten Vyvers