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According to the 1952 Arrest Convention, the particular ship, in respect of which the maritime claim arose, may not be arrested when the registered owner of the ship is not liable for that maritime claim and the claim is not secured by maritime lien.
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[subjects:] Maritime Agency Contract – On Behalf and on Account of Principal – Invalid Clause in General Terms and Conditions – Lack of Agent’s Passive Legitimation in Dispute
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[subjects:] CMR Convention – Application of Article 2 CMR – Hague Rules – Conditions Prescribed by Law – Fire on Ro-Ro Vessel – Cause of Damage Inherent to Carriage by Sea – Applicable Law – Applicable Rules – Fire Exemption from Liability
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[topics:] BIMCO Supplytime Charterparty – Salvage – Contracting under Duress – Terms and Conditions of Contract Inequitable and Exorbitant – Payment in an Excessive Degree too Large– 1989 International Salvage Convention’s Scope of Application – Definition of Salvage Contracts– Inter-relationship between Salvage Contracts and Third Party Contracts entered into by Salvor – Relationship between Owner and Charter party
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[topics:] Damage to an Underwater Fiber-Optic Cable – Standard of Reckless Behavior with Knowledge that Damage will Probably Result – LLMC Convention – Loss of Right to Limit Liability– Willful Misconduct – Insurance Coverage Exclusion – Comparison and Inter-relationship between Limitation of Liability and Insurance Coverage – Comparison between Loss of Right to Limit Liability and Insurance Coverage Exclusion
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This paper considers the application of provisions of the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (the Rotterdam Rules). The scope of coverage issues go to the heart of the new Convention. This article highlights the major topics relating to the scope of coverage. All aspects of this key issue are examined here: the general scope of application; criteria that must be satisfied for the Convention to be applied; types of transactions that the Convention might govern; application to certain parties. Some of these questions have been particularly controversial. Moreover, this paper addresses the circumstances under which the Rotterdam Rules give way to other conventions. The author discusses issues that may arise from the fact that the Convention will cover both the inward and the outward carriage. It further considers specific exclusions from the Convention. Differences between the Rotterdam Rules and the international legislation in force are pointed out. One of the most significant changes introduced by the Rotterdam Rules to the existing law is the expansion of its scope of coverage to include the door-to-door transport. The Convention covers both the inbound and the outbound international shipments to or from a Contracting State. The Convention applies to contracts in both the liner and the non-liner trades, but not to charter-parties and other contracts for the use of a ship or of any space thereon. Volume contract, to which the Convention applies, may provide for greater or lesser obligations and liabilities than those imposed by the Rotterdam Rules.
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The Rotterdam Rules, adopted by UNCITRAL in 2008, address a number of issues that have not been regulated by previous international conventions, such as the delivery of goods and the right of control. The ambitious and innovative approach of the Rotterdam Rules has attracted much international debate. This article aims at contributing to this debate by discussing the provisions related to the delivery of goods. The main focus is on Article 47(2), one of the most controversial provisions of the Rules. The article analyses in detail this legislative provision, its rationale and possible impact on the law governing the carriage of goods and international sales law.
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In this article the author reviews the solutions of the UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, adopted on December 11, 2008 and open for signature in Rotterdam on September 23, 2009, known as the Rotterdam Rules. Following the introductory analysis of the position of the law prior to the adoption of the new Convention, the author ascertains that in the matter of the international regulations of sea carriage, subsequent to the Hague, Hague/Visby and Hamburg regimes, which regulated the questions of the carrier’s liability for the goods received for carriage, the new Convention regulates for the first time the contract for sea carriage wholly, including additional regulation regarding the parts of the voyage preceding or following sea carriage. The author reviews the content of the Rotterdam Rules on the whole. In this context, special attention is given to numerous new legal subjects, legal institutions, documents, and solutions supported by the Convention, always having in mind that the presentation should be duly supported and critically perceived in the light of the present position of the legal theory, business practice and existing court decisions. In the conclusion of this article, the author presents and confronts opposite opinions stated in the literature; takes his own position towards such opinions and the solutions contained in the Convention; and considers possible solutions for passing an acceptable and rational liability regime for the goods received for carriage at the international level in future.
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The authors deal with the dilemma whether the competent body for determining fees for expropriated property that becomes public demesne – maritime demesne is the court or administrative authority. In conclusion, they present their approach to solving the issue.
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The author analyses the provisions on responsibility for the death and physical injury of passengers in rail transport after the implementation of the agreement on rail transport in relation to domestic legal regulations. After the accession of the Republic of Croatia to the European Union on 1 July 2013, in the domestic transport of passengers the provisions of the Regulation (EC) No 1371/2007 of 23 October 2007 of the European Parliament and of the Council on rail passengers’ rights and obligations are applicable. They are entirely implemented in the Croatian legislation. The analysis of the question of passenger responsibility in the aforementioned loss is done through the analysis of: legal sources, both international and national; agreement on passenger transport; general provisions on the responsibility of rail carrier, and the responsibility of rail carrier for death and physical injury of passengers. Particular attention is paid to the insurance of the rail carrier’s liability and to the direct action. The author concludes that the Republic of Croatia has harmonized its legislation with international unification instruments and the law of the European Union in the area of rail passenger transport; this has greatly contributed to the modernization of Croatian contractual transport law.
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A car crane was used to transfer a motor yacht from land into the sea. The manoeuvre took place in the area envisaged for putting vessels into the sea. At the moment the yacht was lifted from the shore and put into the sea, a crane jib fell onto the yacht and destroyed it completely. The claimants (plaintiffs) filed a claim against the insurer on the bases of the motor liability compulsory insurance contract concluded by the owner of the car crane, which contract covers the owner's liability for damage to or loss of third parties' property caused by the motor vehicle. The insurance company is not liable for damage under the motor liability compulsory insurance contract, because at the time of the loss event the car crane was not driving on a public road or another area intended for traffic. The damage occurred through the use of the car crane as a tool machine, and the second defendant (car crane owner) had no insurance contract in place for the use of the car crane in question, which would cover liability for damage and/or loss occurring through the use of the car crane as a tool machine.
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It was established that the plaintiff fell and injured himself while descending the stairs on the ship deck in the ordinary course of his professional duties, for which he had been formally educated and additionally trained. In respect of this loss event the court concluded that there was no fault on the part of the ship owner because the ship owner had provided safe working conditions and adequate protective equipment to the plaintiff as a crew member. Hence, accidental loss is the solely risk of the injured party in this case.
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A sub-charter contract not drawn in writing and concluded without a written consent of the owner shall have no legal effect.
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The maritime agent undertakes, for and on behalf of the principal, to perform services. If the maritime agent does not expressly declare that he is acting in the capacity of a maritime agent, it shall be deemed, in respect of the person in good faith, that the maritime agent is acting in his own name.
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The plaintiff travelled by the defendant's ship to an island where he worked as an employee of the defendant. During the voyage he sustained personal injuries. The plaintiff was on noard the ship in the capacity of a passenger because neither was his workplace on board the ship nor was he a crew member. Therefore, the settling of a dispute related to the loss event, in which the plaintiff sustained bodily injuries during transportation to work, comes under the jurisdiction of the Municipal Court.
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Niemcy są, oprócz m.in. Anglii i Holandii, jednym z niewielu krajów w Unii Europejskiej, w których praktyczne znaczenie private enforcement stale rośnie. Przejawem tej tendencji jest wzrastająca liczba postępowań sądowych w sprawach typu zarówno follow-on, jak i stand alone. Celem niniejszego opracowania jest zaprezentowanie najnowszego dorobku orzeczniczego sądów niemieckich w sprawach dotyczących prywatnoprawnego wdrażania reguł konkurencji ze szczególnym uwzględnieniem alternatywnych modeli grupowego dochodzenia roszczeń. Omówione zostaną również zmiany wynikające z konieczności implementacji Dyrektywy 2014/104.
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Przedmiotem glosy jest wyrok Trybunału Sprawiedliwości Unii Europejskiej (dalej: TSUE lub Trybunał) wydany w dniu 26 listopada 2015 r. w trybie odpowiedzi na pytanie prejudycjalne, skierowane przez łotewski sąd rozpatrujący sprawę w wyniku wniesienia skargi kasacyjnej przez SIA Maxima Latvija (dalej: Maxima Latvija lub Spółka), łotewską spółkę prowadzącą sklepy wielkopowierzchniowe w sektorze handlu detalicznego. Inicjując postępowanie odwoławcze, Spółka zanegowała uznanie przez sąd administracyjny, że porozumienie podpisane przez nią jako stronę umów dzierżawy lokali handlowych, zawierające klauzulę uzależniającą zawarcie kolejnych umów dzierżawy z potencjalnym konkurentem Spółki (zajmującej największą czy też najbardziej strategiczną powierzchnię centrum handlowego) od jej uprzedniej zgody, należy zaklasyfikować jako porozumienie wertykalne pomiędzy przedsiębiorcami, którego celem jest uniemożliwienie, ograniczenie lub zakłócenie konkurencji w rozumieniu art. 101 ust. 1 TFUE (a odpowiednio art. 11 łotewskiej ustawy o ochronie konkurencji).
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