Shipping & Transport, WSCO Advokatpartnerselskab updates

Denmark

Contributed by WSCO Advokatpartnerselskab
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.

Claim for unlawful arrest could not be heard before court at creditor's domicile
  • Denmark
  • 07 October 2020

The Danish Maritime and Commercial Court recently rejected a jurisdictional claim in a dispute between a Danish shipowner and a Spanish shipyard. It follows from the judgment that a jurisdiction clause in a repair contract in some instances requires that the party which receives the other party's general terms and conditions must accept the jurisdiction clause in writing in order for it to be binding between the parties.

Court decides whether CMR carrier was grossly negligent for theft of branded champagne during carriage
  • Denmark
  • 30 September 2020

The Maritime and Commercial Court recently examined a compensation claim for stolen champagne. The customer argued that the carrier should have taken precautions to protect the goods against theft. However, the court decided that the carrier could limit its liability for the theft. The judgment is in line with Danish court practice concerning liability for the theft of high-value and exposed goods.

Freight forwarder liable for depriving cargo interest possibility to declare general average
  • Denmark
  • 23 September 2020

A Danish court recently found a freight forwarder to be vicariously liable to a Danish company for fire damage caused to cargo carried by a subcontractor. The judgment suggests that a contracting carrier may incur liability where a general average situation is deemed to have occurred if it fails to provide information to its customer about the concrete circumstances that give rise to the general average situation, even when the contracting carrier holds no information about said circumstances.


Current search