#carrierliability
Every publication carries several #hashtags. A hashtag is a link to every publication on that topic.
Articles and case comments
- Containerisation: How Legal Regulation Lags Behind PracticeIn late March, the Maritime Law Association held a scholarly seminar for its members on the regulation of container carriage by sea. The presentation was delivered by Mustafa Yilmaz, a specialist from the University of Liverpool (PhD in Maritime Law). He was a research fellow at the Centre for Maritime Law at the National University of Singapore, worked at the Ankara University, and taught as a visiting lecturer at the University of Hertfordshire. Mustafa Yilmaz is also the author of the first Turkish monograph on autonomous shipping.
- Storm in Maritime Carriage: Perils of the Sea, Force Majeure, and Carrier LiabilityThis article examines whether storm conditions may serve as a basis for exempting the carrier from liability in the carriage of goods by sea. The author demonstrates that Russian courts apply a strict approach to the burden of proving “perils and accidents of the sea” and “force majeure,” taking into account the geography and season, the strength and duration of the storm’s impact, and the master’s awareness of weather conditions during the voyage. The concluding section outlines the key arguments on the basis of which courts typically refuse to exempt carriers from liability.
- Cargo Loss in Krekshino, or on Attachment of Risk of Cargo Missing on a CarrierThe commercial court concluded that the risk of loss of the cargo sealed was borne by the carrier and not by the shipowner. Unless the property insurance contract provides otherwise, the insurer who paid the indemnity shall be entitled to claim the damages by way of subrogation.
- Transshipment of Cargo as a Transport Obligation in Private Maritime LawThe relations on transshipment (reloading) of goods remain poorly studied, questions arise about the possibility of separating transshipment (reloading) into the class of independent, but related to carriage, transport obligations. Transshipment (reloading) cannot be considered outside the form and content of civil law regulation and be identified only with a technical operation in transport. The legal regulation of transshipment (reloading) in Russian and foreign legislation is not uniform, the legislator is faced with the difficulty of harmonizing the interests of all persons in the law, whose rights may be affected by its implementation. The Russian legislation initiated an approach requiring discussion to the regulation of offshore transshipments with the inclusion of special articles in the Merchant Shipping Code of the Russian Federation (hereinafter – MSC RF), although no fewer interesting questions about determining the nature of obligations for transshipment (reloading) of goods in private maritime law remain on the agenda.
- Allocation of Liability for Delivery of Damaged Cargo under Bills of Lading Drafted by the ShipperAllocation of Liability for Delivery of Damaged Cargo under Bills of Lading Drafted by the Shipper The carriage of goods by sea is a complex process that involves many persons from maritime agents, stevedores, and freight forwarders to insurance companies to banks. However, the main legal relations…
- Every Man for HimselfCommentary to the Case No. А51-9022/2020 (LLC “Fesco Service” v LLC “Avers”)
- Exclusive Jurisdiction at the Place of Seat of the CarrierCase No. А24-3915/2020 (LLC “Kamchatskenergo” v LLC “NIKO”)
- Indebtedness That Was Not Collected due to the Public Policy of the Russian FederationCase No. А40-127542/2020 (JSC “Belomortrans” v LLC “Neva-Charter”)
- One Has to Pay for Using the Berth, even if the Parties Have Not Signed an AgreementJudgement of the 5th Commercial Court of Appeal dated January 20, 2021 No. 05AP-7848/2020 in case No. A59-1512/2020 (FGUP Rosmorport v LLC Sakhmorflot)
- Who is Who: Shipowner, Carrier, Manager, Agent and who is liable? – All jointly and severally?Judgment of the 9th Commercial Court of Appeal of 01.09.2020, case A40-119211/18 (Rhenus Intermodal Systems LLC v. Sovship DV LLC & Sovfrakht PJSC) Facts: Rhenus Intermodal Systems LLC (claimant), as an agent, entered into a voyage charter with Sovship DV LLC (carrier) on behalf of its client. The…