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DHL Global Forwarding (Canada) Inc v CMA-CGM SA – Fed Ct (Morneau P) – 23 May 2013
Practice
– Conflict of laws – Bills of lading containing exclusive French jurisdiction
clause – Carrier bringing proceedings in France seeking payment of demurrage and
storage charges from freight forwarder – Freight forwarder bringing proceedings
in Canada for negative declaration – Whether Canadian proceedings should be
stayed – Whether freight forwarder bound by bill of lading
Online Published Date:
17 September 2013
Appeared in issue:
882 - 20 September 2013
Amlin Corporate Member Ltd and Others v Oriental Assurance Corporation (The “Princess of the Stars”) – QBD (Comm Ct) (Field J) [2013] EWHC 2380 (Comm) – 31 July 2013
Marine
insurance – Reinsurance – Typhoon warranty – Vessel sailing from Manila when
typhoon warning in force – Vessel sinking as result of Typhoon Frank – Whether
insurers in breach of typhoon warranty
Online Published Date:
17 September 2013
Appeared in issue:
882 - 20 September 2013
The Owners and All Others interested in the Ship “Mercury XII” and Others v The Owners and All Others interested in the Barge “MLT-3” and Others – Fed Ct of Appeal (Evans, Dawson and Stratas JJA) – 10 April 2013
Carriage
of goods by sea – Contract relating to transportation of truck on barge by
water in Canada – Truck toppling off barge – Truck owner suing owners and
master of tug in negligence – Whether Hague-Visby Rules applied to contract –
Whether action subject to one-year time-bar – Marine Liability Act 2001,
section 43(2)
Online Published Date:
17 September 2013
Appeared in issue:
882 - 20 September 2013