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Articles for October 2002
Correspondents
Igor Nikolaev, Member of St. Petersburg City Bar Association
Where does the cargo go?
A recent ruling in a case arising from a dispute over where cargo is stowed should be of interest. Christopher Hill explains.
A re-cap telex is no defence
Can a re-cap telex incorporate a law and arbitration clause into a bill of lading? Not in the case of Welex AG v Rosa Maritime Limited
(2002) 2 Lloyd’s Rep 81.
Cleaning up the clauses
By Hugh Dalzell, partner in shipping and marine insurance group of law firm DLA.
What was the intention?
The US ninth circuit court of appeals deviates from the norm on the question of “quasi-deviation”.
The happy answer
Neil Kelley and Bruce Macaulay from the ETM department at Norton Rose discuss the impact of recent cases on the question of stowing cargo on deck in breach of contract and the cargo is subsequently damaged.
A consideration of potential liabilities of ship owners
Since owners cannot avoid liability for the negligent acts of pilots, concerted efforts should be made by shipowners to ensure that their operations are carried out in such a way that when incidents do occur, they would be entitled to apply for a decree of limitation. Yinka Agidee explains.
Practical aspects concer ning arrest of vessels in Korea
Korea is not a signatory to the International Convention relating to the Arrest of Sea-going Ships of 1952 but arrest of vessels cases constitute a large portion of the work performed by Korean lawyers. By Hyun Kim and Youngtae Jang.