Civil Procedure International Trade Transportation

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Court of Appeal holds standard clause in bills of lading to be exclusive English jurisdiction clause

Hin-Pro International Logistics Ltd v Compania Sud Americana de Vapores SA [2015] EWCA Civ 401 - The Appellant Freight Forwarder commenced actions in China under 70 bills of lading, which incorporated the Respondent’s...more

Seventh Circuit Affirms Dismissal of EU 261 Claims - Direct Claims Under EU 261 Are Only Actionable in EU Member States

The ruling by the U.S. Court of Appeals for the Seventh Circuit in Volodarskiy v. Delta Airlines, Inc. follows numerous District Court opinions holding that EU 261 does not provide a right of action enforceable outside the EU...more

D.C. District Court Dismisses Delta’s Appeals Against U.S. Ex-Im Bank

In a series of three decisions published on March 30, 2015, the U.S. District Court for the District of Columbia has dismissed appeals brought by Delta Air Lines and other plaintiffs against the U.S. Export-Import Bank...more

Loss of cargo due to piracy held not to be an “in-transit loss”

Trafigura Beheer BV v Navigazione Montanari SpA [2015] EWCA Civ 91 - The subject vessel was chartered to carry a cargo of oil from Abidjan, Ivory Coast to Lagos, Nigeria. Clause 46 of the charter (on an amended BPVOY3...more

Court awards as damages costs incurred as a result of a breach of a law and jurisdiction clause

Swissmarine Services SA v Gupta Coal India Private Limited [2015] EWHC 265 (Comm) - The Claimant and Defendant entered into a COA which contained an English law and jurisdiction clause. When the Defendant failed to...more

High Court rules on inconsistency in charterparty arbitration clauses and applicable curial law

Reed Smith (Lianjun Li and Min Li of the Hong Kong office, Nick Shaw and Halani Lloyd of the London office) recently represented the successful Charterers in Shagang South-Asia (Hong Kong) Trading Co. Ltd v Daewoo Logistics...more

Mainbrace - January 2015 No. 1

In this issue: - A Sea Change Sweeps over Congress: A Look Back and a Look Ahead - Shipping & International Trade Law (Second Edition 2015) - Congress Passes Coast Guard Bill in Waning Hours of 113th...more

“Brillante Virtuoso” held to have been a Constructive Total Loss

The High Court recently held that the “Brillante Virtuoso” (the “Vessel”) was a constructive total loss (“CTL”) following an attack by pirates in July 2011. Mr Justice Flaux made important key findings in the CTL claim, which...more

Foreign Airlines Move to Dismiss Rate-Fixing Litigation

Last Friday, foreign cargo carriers filed motions to dismiss an air freight price-fixing suit brought by Schenker AG, the logistics division of Germany’s national railway company, Deutsche Bahn, in the Eastern District of New...more

Trick or treat? The Supreme Court's refusal of permission to appeal in Huzar and Dawson (UK)

DLA Piper comments on the recent decisions of the Supreme Court to deny permission to appeal in the cases of Huzar v Jet2.com Limited and Dawson v Thomson Airways Limited in the latest issue of Travel Law...more

Federal Government May Be Liable for Patent Infringement by Private Companies Performing Quasi-Governmental Functions

IRIS Corp. v. Japan Airlines Corp.; SecurityPoint Holdings, Inc. v. TSA - Addressing the jurisdiction of a patent infringement claim against the U.S. government, the U.S. Court of Appeals for the Federal Circuit...more

Court Confirms Award Over Arguments Of “Manifest Disregard,” “Evident Partiality,” And “Corruption”

A transported liquid chemical had been found degraded after shipping from Texas to South Korea. The chemical company contended that the shipper was responsible for the losses as samples taken from the chemical prior to its...more

Mainbrace - October 2014, No. 3

In This Issue: - Maritime Cybersecurity: A Growing Threat Goes Unanswered - Valuation in Maritime Chapter 11 Cases: Genco and “NAV” - Is the U.S. Prepared Legally and Operationally to Protect Its Arctic...more

Case Update: Dawson V Thomson Airways Limited1

Lessons on the interplay between the EC Regulation 261/2004 and the Montreal Convention 1999 relearnt - Court of Appeal confirms limitation under EC Regulation 261/2004 to be determined in accordance with domestic law...more

Pennsylvania Superior Court Reverses Forum Non Conveniens Dismissal of International Air Crash Case, But Don’t Equate Pennsylvania...

United States courts facing forum non conveniens (FNC) motions, at least with respect to lawsuits arising out of air crashes that occur outside of the United States, seem to fall into two distinct camps: Cook County,...more

Out Of The Extraordinary: The Court Of Appeal's Judgment In Huzar V Jet2.Com

Court of Appeal hands down judgment on the meaning of "extraordinary circumstances" in the case of cancellation or delay arising out of technical faults pursuant to EC Regulation 261/2004 - It is somewhat regrettable...more

District Court Holds Guyana Not a Party to Warsaw Convention

- In deciding treaty status, courts place "controlling importance" on the governmental conduct of the countries at issue. - Guyana's post-independence accession to other treaties – but its failure to formally accede to the...more

Common time limits for trade and shipping claims – a print-out guide

Introduction - A “limitation period” is the period of time within which court or arbitration proceedings must be commenced. Every legal claim will be subject to a limitation period, imposed either by the governing law...more

The Ambit Of EC Regulation 261/2004: Missed Flight Connections Outside The European Union

DLA Piper has been instructed to act on a number of cases for a non-EU carrier that test the scope of EC Regulation 261/2004 ("Regulation") in respect of missed flight connections outside of the EU. The first of these cases...more

What is an Exaction?

Construction of the 485-mile-long southern portion of the TransCanada Keystone Pipeline system (known as the Gulf Coast Project) is scheduled to be completed and operational by the end of 2013, but it leaves a legacy of...more

“The Masters of their Contractual Fate” – how not to get trapped into a contract before you are ready to commit

A recent High Court decision, Proton Energy Group SA v Orlen Lietuva [2013] EWHC 2872, serves as a timely reminder of the care parties must take when negotiating new deals so as not to become bound when they do not yet wish...more

Aviation Flyer - Spring 2013

In This Issue: - The United States Supreme Court’s Competing Guidance Regarding Personal Jurisdiction Over Foreign Manufacturers - Recent French Appeals Court Decision in Concorde Crash Step Forward Towards...more

New York Appeals Court Issues Important Rule B And Maritime Corporate Veil-Piercing Decision; Lenient U.S. Maritime Law...

For the past sixty years, and until January 11, 2013, U.S. federal courts routinely have applied the comparatively expansive (and potentially creditor-friendly) "maritime law of veil piercing" when examining veil-piercing...more

Geoffrey Scimone v. Carnival Corporation

Order Affirming Denial of Defendant's Motion for Removal

On July 1, 2013 the U.S. Court of Appeals for the 11th Circuit held that plaintiffs in separate lawsuits could not be joined together for purposes of complying with the Class Action Fairness Act (CAFA).The Court rejected...more

The English Court of Appeal confirms the effectiveness of Certificates of Acceptance in aircraft leasing transactions

The Court of Appeal’s recent decision in Olympic Airlines SA (in special liquidation) v ACG Acquisition XX LLC [2013] EWCA Civ 369 gives welcome comfort to lessors that properly drafted Certificates of Acceptance will provide...more

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