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Hague Visby

COGSA Trumps Hague-Visby in Complex Situation

In an awkward decision, the US Court of Appeals for the Sixth Circuit ruled that the US Carriage of Goods at Sea Act (COGSA) applies to a claim by a shipper against a carrier for goods damaged at sea on a voyage from Le Havre to Montreal. The goods were being shipped from Blanquefort, France to Detroit. They traveled overland from Blanquefort to Le Havre, where they were loaded aboard ship. The through bill of lading called for the goods to be shipped overland from Montreal to Detroit. The court held that COGSA would not normally apply since no seaport of the United States was involved in the shipment. Thus, the court found that the Hague-Visby Rules would normally apply, since both France and Canada subscribed thereto. The court then determined that the matter was properly before the court on cross-motions for summary judgment since there were no genuine issues of material fact in dispute. The court then launched into an extended discussion of how poorly drafted the various documents were and how they were susceptible to different interpretations. Eventually, the court decided as a matter of law that the parties had contracted to apply COGSA to this shipment. The court then proceeded to interpret the definition of package in favor of the shipper. If nothing else, this is an example of how the use of unclear language in contracts can lead to unexpected results. Royal Insurance Co. v. Orient Overseas Container Line, No. 06-1199 (6th Cir., January 30, 2008)(HK Law)


U.S. jurisdiction clause does not require application of COGSA

The U.S. Court of Appeals for the Fifth Circuit ruled that inclusion in a bill of lading of a clause providing for U.S. jurisdiction does not require application of the U.S. Carriage of Goods by Sea Act (COGSA) where the goods were shipped from Spain to China and the General Paramount Clause provided for application of the Hague-Visby Rules. In the instant case, the goods were damaged en route and the shipper brought suit against the vessel and the carrier


Northrop Grumman and Kockum/ HDW Partner Up

Northrop Grumman Corporation has signed a cooperative agreement with Kockums AB and its parent company, Howaldtswerke Deutsche Werft AG (HDW), under which Kockums will join a team assembled by Northrop Grumman's Ship Systems sector to compete for the U.S. Navy's Focused Mission Vessel Study. This study is expected to result in the development and construction of a Littoral Combat Ship (LCS), one element of the DD(X) family of surface combatants planned for construction by the Navy during the


North of England Warns Shipowners to Keep Close Watch on Surveys

The North of England P&I club has warned its members to keep a closer watch on draught surveys to avoid costly cargo shortage claims. According to Tony Baker, head of North of England’s loss-prevention department, ‘We have recently witnessed a number of incidents where draught surveys have been manipulated to show short delivery of bulk cargoes. Some of the resulting shortage claims have involved large sums of money  particularly as the values of some cargoes have risen


Slow-Steaming Through a Legal & Insurance Minefield

Image courtesy of UK P&I Club

The UK P&I Club’s publication ‘Hellas Hilights - Issue 28’ recorded Rod Lingard's attendance at the green4Sea Forum and his address on 'The Legal and Insurance Aspects of Slow-Steaming, excerpted as follows: What’s the problem? On one side the owner has an obligation to follow the charterer’s slow-steaming instructions under the charterparty yet on the other the owner has the usually implied obligation under the Bill of Lading to proceed with due dispatch


When is a Master Entitled to Refuse Damaged Cargo? A Reminder from the Standard Club

Image: Standard Club

 A master’s authority to clause bills of lading issued by or on his behalf can sometimes become the cause of disagreement between shippers, charterers and carriers.   Under Article III Rule 3 of the Hague/Hague Visby Rules after receiving the cargo, and on the demand of the shipper, the master is obliged to issue a bill of lading evidencing the quantity and apparent order and condition of goods to be carried.    


HBG Unit Wins Offshore Order

Hollandsche Beton Group (HBG) reportedly won a $14 million order from Hague-based Elf Petroland BV to design and build an unmanned offshore gas platform.


Court to Rule on Costa Rica/Nicaragua Maritime Border Dispute

Reuters - Costa Rica will ask the International Court of Justice to settle a decade-old maritime border dispute with Nicaragua related to potential oil concessions, President Laura Chinchilla said on Monday. Costa Rica plans to file a complaint with the court at The Hague on Tuesday in which it will ask the court to determine its borders with Nicaragua in the Pacific Ocean and the Caribbean, she said in a statement.


The Emirati Crew Leads Volvo Ocean Race

Photo: Volvo Ocean Race

 Abu Dhabi Ocean Racing had the Volvo Ocean Race trophy within their grasp as the seven boats entered the final lap on Saturday heading for Gothenburg after a one-day ‘pit-stop’ in The Hague, reports the Khaleej Times.   The Emirati crew, skippered by Briton Ian Walker, has an eight-point lead in the nine-month offshore sailing marathon and would need to finish last in the leg and accrue two penalty points to lose that advantage.  


ICS Deliberate on “Legal Issues relating to Shipping & Ports”

Conference in session Photo ICS

ICS, East India Branch conducted conference on Legal matters pertaining to Maritime Sector prior to joining hands with M/s Hinode Events a Knowledge Partner to serialise this an Annual Conference on Legal Maritime Legal matters. The Branch takes pride to state that "The Ministry of Shipping" &  "The Directorate General of Shipping" have taken the view of the Branch in several legislative matters.


China: S.China Sea Criticism Could Have Ramifications

The USS Blue Ridge on patrol (U.S. Navy image)

International criticism of China over the disputed South China Sea will rebound like a coiled spring, a Chinese diplomat said on Friday, as a U.S. warship visited Shanghai against a backdrop of rising tension in the region. China claims almost all of the energy-rich South China Sea


Container Weighing at 29 APM Locations

Transmitter fitted on Head block Photo APM

VGM Generation services will be offered to enable supply chain partners to comply with new IMO SOLAS regulations   The Hague, Netherlands - With just 50 days until SOLAS Verified Gross Mass (VGM) comes into force APM Terminals is taking the lead to ensure a smooth transition into the new


China Claims Wide Support for Stance on S.China Sea

China has widespread support in the international community for its decision not to have anything to do with a legal case lodged by the Philippines against Chinese claims in the South China Sea, a senior diplomat said on Thursday.   China has been stepping up its rhetoric ahead of a ruling


Philippines Detains 25 Chinese Fishermen for Poaching

Philippine fishing authorities said on Tuesday they had detained 25 Chinese crew of two seized fishing boats on suspicion of poaching, a move that could further strain ties between two countries at odds over maritime sovereignty. A joint team from the Philippine coastguard and the Bureau of


US, Australia and EU Warn China on South China Sea

Pic: International Affairs.org

 China was warned by many the United States and the European Union  that it should respect a ruling later this year on its dispute with the Philippines over territory in the South China Sea, reports Reuters.   In a message has been sent to China


China Blocks Filipino Fishermen from South China Sea Atoll

China has stationed up to five ships around a disputed atoll in the South China Sea, preventing Filipino fishermen from accessing traditional fishing grounds, media in the Philippines reported on Wednesday.   The Philippine Star newspaper, quoting an unnamed Filipino fishing operator


Amid Sea Disputes, China to set up maritime "Judicial Center"

Scales of Jusrice Courtesy 123RF

China plans to set up an "international maritime judicial centre" to help protect the country's sovereignty and rights at sea, its top judge said on Sunday. Giving a work report at the annual meeting of China's largely rubber-stamp parliament


China Plans Maritime "Judicial Center"

China plans to set up an "international maritime judicial center" to help protect the country's sovereignty and rights at sea, its top judge said on Sunday. Giving a work report at the annual meeting of China's largely rubber-stamp parliament


World Court Allows Nicaragua-Colombia Maritime Mineral Rights Case

The International Court of Justice ruled on Thursday that it had jurisdiction over a maritime dispute between Colombia and Nicaragua concerning the legal boundaries of potentially oil-rich areas of the Caribbean Sea.   Judges at the United Nations' highest court in The Hague ruled that


World Court to Draw up Nicaragua-Colombia Maritime Boundary

The International Court of Justice on Thursday said it would consider a claim by Nicaragua to expand its maritime boundaries in a mineral-rich part of the Caribbean Sea toward Colombia, a ruling set to further strain relations between the two countries.


U.S.: New Chinese Activity at South China Sea Shoal

The United States has seen Chinese activity around a reef China seized from the Philippines nearly four years ago that could be a precursor to more land reclamation in the disputed South China Sea, the U.S. Navy chief said on Thursday. The head of U.S


India's Modi at EU Summit Wants to Defuse Row Over Italian Marine

India blamed Italy for delaying the repatriation of an Italian marine who has been detained in Delhi for four years as Indian Prime Minister Narenda Modi arrived at a summit with the EU in Brussels hoping to defuse the long-running row.  


Philippines, Vietnam to Explore Joint Patrols in South China Sea

Defence officials from the Philippines and Vietnam will meet this week to explore possible joint exercises and navy patrols, military sources said, shoring up a new alliance between states locked in maritime rows with China.   Ties have strengthened between the two Southeast Asian countries


China Angered by Britain's Comments on South China Sea

China expressed anger on Wednesday after a senior British official said a ruling expected within a few months in an international arbitration case the Philippines has brought against China's South China Sea claims must be binding.   Hugo Swire


US Urges ASEAN Unity on South China Sea Ruling

Photo: Permanent Court of Arbitration

China risks "terrible" damage to its reputation if it ignores an impending international court ruling on the South China Sea, the United States said on Thursday, while urging Southeast Asian countries to rally behind the court decision.  






 
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