Marine and Transit - June 2007

What are the implications for parties to long term carriage contracts following the House of Lords decision in "The Golden Victory" ?  Mike Burns considers the position in an article prepared for Insurance Day (28 April).  

Breaking CMR limitation

What lessons can cargo insurers and transit liability underwriters draw from recent decisions concerning Article 29 CMR?  Mike Burns examines the recent House of Lords ruling in Datec v UPS and Court of Appeal judgment in TNT v Denfleet. 

MAIB "Ouzo" guidelines

Night navigation: best practice for large vessel and smaller craft operators.  Terry Donaghy reviews the recent MAIB report and recommendations on the sinking and loss of life on the yacht "Ouzo" following its August 2006 encounter with the P&O ferry "Pride of Bilbao”.

Enforcing arbitration agreements

Can parties enforce a London arbitration agreement when competing EC court proceedings are already afoot?  What value the anti suit injunction? Emma Rice examines the House of Lords ruling in “The Front Comor" .  

Failure to load a cargo: deadfreight or unsafe port?

How should vessel owners formulate claims against charterers for failure to load a cargo?  Terry Donaghy reviews the recent "Archimidis" decision.