http://www.mondaq.com Mondaq Business Briefing provides global coverage of all legal analysis from reputable firms, en-us Copyright 2009 Mondaq.com 60 http://www.mondaq.com/article.asp?articleid=89618&rss=21 The strict liability/package limitation regime for domestic carriage in New Zealand limits liability to NZ$1,500 per ‘unit of goods’. 19 Nov 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=89494&rss=21 Do licensees need to take care to not serve customers who have passed a certain point of intoxication? According to a recent case in the High Court of Australia, they don’t - at least as far as a general common law duty of care goes. 18 Nov 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=80130&rss=21 Gibraltar's situation at the gateway to the Mediterranean, its British Flag Registry and the facilities provided by all three of its marinas means that it is ideally placed to service all registration, mooring, repair and maintenance needs associated with the yachting world. 17 Nov 2009 14:06:57 GMT http://www.mondaq.com/article.asp?articleid=88786&rss=21 aa 12 Nov 2009 17:25:54 GMT http://www.mondaq.com/article.asp?articleid=88766&rss=21 There have been frequent attacks by pirates during this past September and with the monsoons abating, it does not take a soothsayer to predict an increase in the intensity of those attacks over the next few weeks. 12 Nov 2009 17:25:26 GMT http://www.mondaq.com/article.asp?articleid=88688&rss=21 Private equity funds have yet to make an impact on shipping, but their time could be quickly coming, a partner at prominent law firm Holman Fenwick Willan has said. 10 Nov 2009 09:00:10 GMT http://www.mondaq.com/article.asp?articleid=89000&rss=21 In AET Inc Ltd v Arcadia Petroleum Ltd [2009] EWHC 2337 (Comm) – the English Court was required to consider whether laytime continued to run after NOR had been given but before free pratique had been granted. 10 Nov 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=88896&rss=21 A recent landmark decision in the US case, The Shipping Corporation of India Limited v Jaldhi Overseas Pte Ltd (the "Jaldhi Case") has drastically limited the effectiveness of the Rule B attachment as a means of securing a maritime claim in New York. 9 Nov 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=88936&rss=21 On July 31 2009 the Cologne Upper Regional Court ruled on two aspects of Lufthansa's general conditions of carriage. 7 Nov 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=88810&rss=21 The recent decision of the New South Wales Court of Appeal in Rail Corporation New South Wales v Fluor Australia Pty Ltd & Alpcross Pty Ltd [2009] NSWCA 344 provides a useful example of the duties owed between contracting parties to each other. 5 Nov 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=88872&rss=21 The rolling sand dunes of the Middle Eastern desert have historically only been negotiated by Bedouin, dromedary and Wilfred Thesiger and, more recently, by the ubiquitous 4x4. 5 Nov 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=88428&rss=21 In its recent decision in Soufflet Negoce v Bunge S.A. (13 October 2009), the Commercial Court considered the meaning of the "readiness to load" requirement in Clause 6 of GAFTA Form No. 49. 3 Nov 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=88072&rss=21 A question often asked by shipowners is to what extent they can legitimately walk away from orders of newbuildings or, as an alternative course of action, can they delay the construction of the vessel? 1 Nov 2009 09:00:10 GMT http://www.mondaq.com/article.asp?articleid=88202&rss=21 Port operators who have received increasing requests from users for extended credit lines (informally or formally) are exposing themselves to greater credit risks by retaining customers and market share in very competitive markets - when they might not otherwise have done so. 27 Oct 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=87851&rss=21 The Second Circuit Decides That “Beneficiary” Wire Transfers Are Not Attachable Property Under Rule B And That It Is “Probable” That “Originator” Wire Transfers Are Likewise Not Attachable 26 Oct 2009 09:00:08 GMT http://www.mondaq.com/article.asp?articleid=88014&rss=21 With the global credit crunch and the ensuing contraction in international trade, many container terminal operators are seeing a dramatic decline in volume and revenue figures. 26 Oct 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=88088&rss=21 The recent case of “Qenos Pty Limited v Ship ‘APL Sydney’” [2009] FCA 1090 throws light on the issues of consequential loss claims for pure economic loss and the meaning of ‘infringement of rights’ under the Convention on Limitation of Liability for Maritime Claims 1976. 23 Oct 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=87914&rss=21 In recent years, environmental regulatory requirements have dictated that marine fuels should be low in sulphur, a major pollutant, largely responsible for “acid rain”. 22 Oct 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=88016&rss=21 Since the Liner Conferences Block Exemption expired on 18 October 2008, Regulation 823/2000, the Consortia Block Exemption has been the only block exemption regulation applicable to the transport sector, and it will expire in April 2010. 22 Oct 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=87795&rss=21 Cabotage laws deal with the transportation of goods or passengers between two points in the same country. 21 Oct 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=87858&rss=21 On October 16, 2009, the U.S. Court of Appeals for the Second Circuit in a case entitled “The Shipping Corporation of India v. Jaldhi Overseas Pte Ltd.” filed under Case No. 08-3477-cv, held that electronic fund transfers (“EFTs”) being processed by an intermediary bank are not property subject to attachment under Rule B, and with the consent of all active judges of the Second Circuit, overruled “Winter Storm Shipping, Ltd. v. TPI”, 310 F.3d 263 (2nd Cir. 2002) and all of its progeny. 21 Oct 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=87799&rss=21 A top London maritime lawyer has warned of the "theoretical threat" that the UK may lose some claims work due to the Rotterdam Rules liability convention, but added that traders, liner operators and ship owners will still elect to keep London as their "preferred base of resolving disputes". 20 Oct 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=87831&rss=21 The time charterer of a bulk carrier sued a shipbroker which had mistakenly represented that it acted on behalf of a prominent exporter. The time charterer succeeded in claims for breach of warranty of authority, and of sections 52 and 53(bb) of the "Trade Practices Act". 20 Oct 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=87805&rss=21 The latest news from Holman Fenwick Willan relating to Shipping & Logistics. 19 Oct 2009 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=87728&rss=21 Gibraltar, a British overseas territory in the southernmost tip of Spain, situated between two continents at the entrance to the Mediterranean Sea, benefits from a constantly growing marine sector. 16 Oct 2009 00:00:00 GMT