Press & Publications
Recently SOS Méditerranée and Doctors Without Borders (MSF) strongly protested against Panama’s announcement it would revoke its flag from migrant rescue ship “Aquarius”. The NGO’s lambasted Italy for pressuring Panama into this move which dealt a major blow to humanitarian missions off Europe’s southern coasts. Panama said it was revoking its flag owing to non-respect of international legal procedures relating to migrant rescues in the Mediterranean. Not only Panama hosts a number of vessels owned by NGO’s with an idealistic goal.
On 19 June 2018 the Provisional Relief Judge of the Rotterdam District Court has handed down a judgment where the area of tension between the preliminary relief action available under the Dutch Code of Civil Procedure (“DCCP”) and the interim measures possibility under certain arbitration rules played an important role.
The Rotterdam Rules have been introduced almost ten years ago, but have not been embraced just yet. The Netherlands recently took the first steps towards ratification and implementation of the RotterdamRules, albeit premature since other major maritime countries will need to do the same will the RotterdamRules enter into force.
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.