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Shipping & Transport

24 February 2021
André Kegels Ship arrests in Belgium – law and practice

Belgium - Kegels & Co

This article provides an overview of the law and practice concerning ship arrests in Belgium. It examines the procedure for arresting sea-going vessels under various laws and treaties and the consequences thereof, as well as the definition of a 'sea-going vessel' for arrest purposes.

Author: André Kegels
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Olaf Hartenstein Theft of semi-trailer and violation of safety instructions

Germany - Arnecke Sibeth Dabelstein

A recent Federal Supreme Court concerned a clause in a consignor's general terms and conditions, according to which loaded vehicles had to be monitored while parked or parked where sufficient safety was guaranteed. Following the theft of the cargo in question, the court held that this clause was not sufficiently clear as to impose on the carrier any duties of care beyond the legal requirements. This judgment has strengthened the position of carriers.

Authors: Olaf Hartenstein, Wassilis Thomas
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Marco Manzone Exercise of maritime liens on cargo to secure credits for freight and demurrages

Italy - Dardani Studio Legale

The Civitavecchia Tribunal recently considered a vessel owner's application to exercise a maritime lien on a quantity of coal carried on board the vessel to secure its freight balance, demurrages and expenses towards the charterer after the charterer applied to open insolvency proceedings. The decision was based on two precedents of the Genoa Court and reinforces the principles that under Italian law, a lien on cargo can be placed under the authority of only the local courts.

Authors: Marco Manzone, Carolina Pinto
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Stephan Erbe Senders' disclosure and information duties under CMR

Switzerland - ThomannFischer

This article discusses an insightful judgment of the Geneva first-instance court. The court confirmed that consignors must inspect the goods to be transported and inform carriers of any associated risks even without being asked. Consignors must not assume transport as a single load or a direct transport route unless otherwise agreed. The clarification that consignors are experts on the goods while carriers are experts on transport matters is welcome.

Author: Stephan Erbe
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Recent updates

Thomas Tobin Final phase of NTSB investigations

USA - Wilson Elser

Authors: Thomas Tobin, Daniel Braude
Alison Vassallo Court orders extension of effects of flag injunction to security deposited by debtor

Malta - Fenech & Fenech Advocates

Author: Alison Vassallo
Nina M Hanevold-Sandvik Full City: key takeaways from limitation fund proceedings

Norway - Wikborg Rein

Authors: Nina M Hanevold-Sandvik, Gaute K Gjelsten, Morten Lund Mathisen
Chris Grieveson Admiralty Court delivers one of the first judgments relating to COVID-19 and its impact on shipping

United Kingdom - Wikborg Rein

Authors: Chris Grieveson, Matt Berry, Matthew Alker
Carsten Vyvers Implementation of Freight Forwarders' Standard Terms and Conditions

Germany - Arnecke Sibeth Dabelstein

Author: Carsten Vyvers
Andreas Fjærvoll-Larsen BIMCO publishes new indicative term sheet

International - Wikborg Rein

Authors: Andreas Fjærvoll-Larsen, Jonathan Page, Jack Baker
Rajasingam Gothandapani Can interveners apply to set aside a warrant of arrest of a vessel on non-traditional grounds?

Malaysia - Shearn Delamore & Co

Author: Rajasingam Gothandapani
Jesper Windahl Court rules that parking of goods trailer on lit roadside constitutes gross negligence

Denmark - WSCO Advokatpartnerselskab

Author: Jesper Windahl