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Contract Terms Shipping Cargo

Benesch

Cargo Loss and Damage Liability in eVTOL and UAV Transportation

Benesch on

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

Benesch

Global Services Contracts - Going to Market with the Best Strategy for Your Case

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Global transportation and logistics services can amount to some of the largest expenses, and even the largest single contracts by spend, for enterprises with high traffic volumes. Among mature buyers and sellers of goods the...more

Benesch

Double Brokering and Hostage Load Action Plan: What to Do When You’re Asked to Pay More or Pay Twice

Benesch on

You just received a demand that you must pay an unknown party to receive your cargo—NOW WHAT? Shippers and brokers too frequently receive payment demands for transportation services that far exceed contracted amounts or any...more

BCLP

MUR Shipping Revisited: When force majeure and reasonable endeavours collide

BCLP on

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

Benesch on

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

McDermott Will & Emery

Does the ADP in Your LNG SPA Meet Your Needs?

McDermott Will & Emery on

It’s that time of year again when the sellers and buyers of many of the world’s long-term liquefied natural gas (LNG) sales and purchase agreements (SPAs) must agree on the Annual Delivery Programme (ADP). In past years, this...more

Robinson+Cole Manufacturing Law Blog

Think Twice Before Using These Contractual Shortcuts To Address Supply Chain Challenges

All manufacturers are generally tired of hearing about supply chain problems. These days companies are looking for ways to mitigate shipping delays (i.e., can we ship to a port other than Long Beach?) and the increased cost...more

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

Holland & Knight LLP

Supreme Court's Landmark Decision Reaffirms Popular Form Safe Berth / Safe Port Clause

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Negotiating a contract, a charter party in maritime parlance, is a balance of leverage and sometimes a leap of faith. Certain issues are more important to companies than others, and for those issues, the language of clauses...more

Blank Rome LLP

U.S. Supreme Court Issues Safe Berth Warranty Decision

Blank Rome LLP on

The final decision in the ATHOS I saga has recently been issued by the U.S. Supreme Court, upholding the decision of the U. S. Court of Appeals for the Third Circuit to the effect that a plain reading of the language found in...more

Cozen O'Connor

U.S. Supreme Court Rules Safe Berth Clause is a Warranty

Cozen O'Connor on

On March 30, 2020, in Citgo Asphalt Refining Co. v. Fescati Shipping Co., Ltd., the U.S. Supreme Court held that, based on its specific wording, a charter party’s safe-berth clause constituted an express warranty of safety,...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

Sullivan & Worcester

The ICC publishes Incoterms 2020

Sullivan & Worcester on

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

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Summer 2019

Personal Jurisdiction Based on Knowledge of Texas Port of Call and Lack of Objection Even Where Ship Operator Had No Other Texas Contacts or Control Over Destination Carmona v. LEO Ship Management, Inc., US Court of Appeals...more

White & Case LLP

Force Majeure: substantial damages even if you cannot perform

White & Case LLP on

In a recent decision, the Court of Appeal has awarded substantial damages to the innocent party after a force majeure event, in circumstances where the party seeking to rely on the force majeure event to excuse liability...more

Carlton Fields

Arbitration Award In International Coal Shipping Dispute Upheld As Within Tribunal’s Authority

Carlton Fields on

An arbitration tribunal awarded damages to Sino East after Kailuan International wrongfully terminated a coal shipping contract after the delivery was delayed. The two Hong Kong-based companies’ agreement for Sino East to...more

Cozen O'Connor

Third Circuit Decisions Affirms Contractual Extension/Modification of Maritime Liens

Cozen O'Connor on

A decision issued by the U.S. Court of Appeals for the Third Circuit on April 20, 2016, affirms the ability of ocean carriers and their customers to extend and/or modify the possessory lien that carriers have on cargo under...more

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