Press & Publications
Getting the Deal Through - Shipbuilding 2018 is the 7th edition of this well-received publication. This publication provides an overview of the law in thirteen international jurisdictions. It is published by Law Business Research Ltd. and it is an indispensable guide for all those in-house lawyers and other key decision makers that are dealing with construction and conversion contracts around the world.
ECT held Hanjin containers hostage
Under the Convention on the Contract for the International Carriage of Goods by Road (CMR) carriers shall be free to agree among themselves on provisions other than those laid down in article 37 (contribution: recovery of compensation from the other carriers who have taken part in the carriage) and article 38 (suit: division of the share of the compensation due by an insolvent carrier) but any stipulation which would directly or indirectly derogate from the provisions of the CMR shall be null and void (article 41).
The Dutch Freight Forwarders Association (“FENEX”) issued the first edition of its Standard Trading Conditions (“STC” or “Fenex Conditions”) on 15 March 1956. Since then the STC have been regularly reviewed and updated to keep pace with technical developments, changes in the law and court decisions. The Dutch Civil Code (“DCC”) contains in Book 8 (the law on carriage of goods and means of transportation) a specific section dedicated to contracts to forward goods . The Fenex Conditions are supplementary to the non-mandatory provisions in Book 8.
Emergency and Interim Relief Procedures in Arbitration
In the newsletter of Forwarderlaw of April 2018, Arnold van Steenderen examines a case involving the Hague-Visby Rules, on the question of applicability to a contract for carriage under non-negotiable bill of lading from Spain to the United States under Dutch Law.
On 6 March 2018 the European Court of Justice (“ECJ”) delivered a preliminary ruling in the case Slovak Republic v. Achmea B.V. (Case C‑284/16). The remarkable ruling of the ECJ effects arbitration in the European Union in so called Investor-State Dispute Settlement, however the ruling has no implications for commercial arbitration. The preliminary ruling might not completely render the arbitration clauses in investment treaties useless, but can nevertheless be considered as a landmark decision.
A voyage of the “Belo Horizonte” from Argentina to the United Kingdom has lead to interesting decisions regarding jurisdiction over the claim for the surrender of evidence seized on board. The evidence was seized and preserved by a bailiff in the Netherlands. Parties domiciled in the Netherlands as well as the United Kingdom and Germany were involved. In two separate proceedings, the Rotterdam Court ruled that it had no jurisdiction over the claim for surrender of seized documents.
The Dutch Foreign Workers Employment Act (Wet Arbeid vreemdelingen, abbr. Wav) has a restrictive admission policy for migrant workers from countries outside the European Union who want to work in the Netherlands. A foreigner from outside the EU may only work in the Netherlands if there is no suitable labour supply in the Netherlands or in any other EU Member State. In addition, this Act aims to prevent disturbances in the labour market by combating competition on working conditions. In practice, the Wav is strictly enforced.