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Contract Terms Shipping

Benesch

Cargo Loss and Damage Liability in eVTOL and UAV Transportation

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Electric vertical takeoff and landing aircraft (eVTOLs) and Unmanned Aerial Vehicles (UAVs or, colloquially, drones) are increasingly being integrated into supply chains. ...more

Benesch

INCOTERMS - More Relevant to Procurement and Sales Than Ever Before

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The INCOTERMS published by the International Chamber of Commerce (ICC) have long served the international community by offering a “shorthand” for communicating key shipping terms. The ICC most recently issued the 2020 version...more

Montgomery McCracken

Key Takeaways from the FMC Remand Ruling on TCW v. Evergreen Shipping

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The Federal Maritime Commission (FMC) recently issued a decision on remand from the United States Court of Appeals for the District of Columbia Circuit regarding Evergreen Shipping Agency’s imposition of detention charges....more

Benesch

Integrating Sustainability into Transportation Contracts: A Guide for Shippers

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As concerns about environmental degradation and climate change intensify, shippers across a wide variety of industry verticals are seeking ways to make their supply chain operations more environmentally sustainable....more

BCLP

RTI Ltd v MUR Shipping BV: Certainty v Commerciality

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In this Insight, first published in PLC, James Clarke, Richard Shaw and Anna Blest consider the Supreme Court's decision in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which confirmed that a party's obligation to exercise...more

Mayer Brown

Do reasonable endeavours require accepting non-contractual performance to reach a reasonable outcome?

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In the UK Supreme Court's judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which was handed down last week, it considered what obligations the words “reasonable endeavours” placed on a party, in the context of a force...more

BCLP

MUR Shipping Revisited: When force majeure and reasonable endeavours collide

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In MUR Shipping BV v RTI Ltd the English Court of Appeal has overturned by majority the judgment of the Commercial Court in MUR Shipping BV v RTI Ltd [2022] EWHC 467 (Comm) and provided fresh guidance on when alternative...more

Benesch

Emerging Trends for Ocean Service Contract Bid Season

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Beneficial cargo owners have faced well-reported challenges in recent bid seasons. Two plus years of global pandemic unleashed supply and capacity interruption, carrier lane divergence, and an explosion in rates as well as...more

Holland & Knight LLP

FMC Releases Final Fact Finding Recommendations, Stresses Mutually Enforceable Contracts

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Commissioner Rebecca F. Dye of the Federal Maritime Commission (FMC or the Commission) has released her Final Report for Fact Finding 29 titled "The Effects of COVID-19 on the U.S. International Ocean Transportation Supply...more

Dorsey & Whitney LLP

Suez Canal Blockage to Cause Lasting Construction Delays and Owner-Contractor Disputes

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The six-day saga of the Ever Given came to an end on the afternoon of Monday, March 29, when the 1,300-foot cargo ship was finally dislodged from the banks of the Suez Canal. However, with over 300 ships waiting for passage...more

Benesch

Using Contractual Rights as a Sword to Protect Your Interests in Uncertain Times

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As many in the industry are aware, we are now in, and have been for over a decade, the era of the transportation contract. More and more shipments, shipment schematics, and overall transportation relationships are governed by...more

Greenberg Glusker LLP

To Ship or Not to Ship: 3 FAQ’s for Creditors Seeking Guidance Before or During a Retail Bankruptcy

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COVID-19 has impacted an already shaky retail industry and pushed some of its participants into a rapid-fire series of bankruptcy filings. Although there was already a long list of prominent retail bankruptcies over the past...more

Opportune LLP

Putting a Face on the Supply Chain: Resiliency or Achilles’ Heel?

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Find out why the recent coronavirus outbreak could have far-reaching implications on the human component of supply chains, and what factors should be considered to mitigate potential disruptions.  ...more

White & Case LLP

LNG in transition: Navigating an evolving market - Are the changes reshaping the market structural or short-term?

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Significant energy market developments are raising questions for LNG sector players in Japan and worldwide. Following massive growth in the number of LNG production and export facilities, end-users and shipping capacity, the...more

Hogan Lovells

Impact of the Coronavirus outbreak on International Trade Involving China

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With the novel coronavirus (2019-nCoV, the "Coronavirus") spreads globally at alarming speed some countries have responded to the crisis by taking measures such as restricting or denying importation from China and requiring...more

Hogan Lovells

Luxury retailers in Hong Kong and neighboring markets face Coronavirus crisis

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Over the past nine months in Hong Kong, luxury retailers have encountered a challenging market. Hong Kong has traditionally been a popular destination for Mainland Chinese seeking to purchase luxury goods, but recent...more

Bennett Jones LLP

Introducing Incoterms 2020

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On January 1, 2020, the most recent version of Incoterms® came into force. Among the changes are a new Incoterm, DPU (described below), new carriage security obligations for each Incoterm, cost clarifications, and changes to...more

Sullivan & Worcester

The ICC publishes Incoterms 2020

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On 10 September 2019, the International Chamber of Commerce (ICC) issued a much anticipated set of revisions to the Incoterms – the international commercial terms published to clarify the obligations of buyers and sellers in...more

Holland & Knight LLP

FMC Proposes Eliminating Requirement for Vessel Operators to Publish Essential Terms

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The Federal Maritime Commission (FMC) voted in a closed session on Sept. 26, 2019, to eliminate the requirement for vessel operators to publish essential terms of their service contracts. The decision is a response to a...more

Akin Gump Strauss Hauer & Feld LLP

The English Court of Appeal applies 'but for' test to "Force Majeure Clause" – FIDIC’s "Exceptional Events" now under threat?

International Construction Arbitration has received a shock. Consistent with the leading textbooks, a party seeking to rely on force majeure in a construction contract did not have to show that ‘but for’ the force majeure...more

Benesch

INCOTERMS – Ground Zero for Negotiating Tariff Impact

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The INCOTERMS published by the International Chamber of Commerce (ICC) have long served the international community by offering a “shorthand” for communicating key shipping terms. INCOTERMS are so ubiquitous in international...more

Benesch

Long Awaited Win for NVOCCs

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Ending a process that started back in 2004, the Federal Maritime Commission (“FMC”) voted unanimously on June 6, 2018 to exempt Non-Vessel Operating Common Carriers (“NVOCCs”) from certain filing requirements related to their...more

Cadwalader, Wickersham & Taft LLP

Will Blockchain Render the Bill of Lading a Relic?

A bill of lading is an old form of legal document. As merchants in the seventeenth and eighteenth centuries ceased accompanying their goods on ships and entrusted their proper delivery to the carrier, a need arose for a...more

JAMS

Fees & FINRA

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Following are two interesting and recent federal court rulings related to arbitration. Award of Attorney’s Fees Associated with Motion to Confirm Reversed on Appeal - Zurich American Insurance (as subrogee of Vinmar...more

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