E-news Noviembre 2009

When Possession is no longer nine tenths of the law

Carriers – and others in the transport business acting as their agents – enjoy a right of lien over cargoes for freight and related charges. Many jurisdictions have a legislated regime for prioritizing conflicting claims for security, however, and you may be surprised to find that your supposed lien is unenforceable if it has not been registered under the PPS rules. Frazer Hunt reviews Australia’s regime, with conclusions that will be helpful in all PPSA jurisdictions:

http://www.forwarderlaw.com/library/view.php?article_id=797

Dart Line v ICTS: lien on cargo not belonging to debtor

What about a lien in movable property not belonging to the debtor? The Supreme Court of Belgium recently gave its decision in a case involving seizure under lien of trailers and equipment operated by an insolvent debtor but owned by a third party; in its enforcement action against the debtor, the true owner of the trailers opposed his ownership to their lien. Andre Kegels reviews the decision here:

http://www.forwarderlaw.com/library/view.php?article_id=792

When does weather become an Act of God?

Into every life a little rain must fall. But when does a little become a lot? Advocate Gill Nadel reviews a recent decision of Israel’s Supreme Court upholding a lower court’s verdict in a claim for water damage to medical equipment:

http://www.forwarderlaw.com/library/view.php?article_id=796

FMC considers relaxing requirement for specified rates in service contract

In the most recent edition of his Legal Lookout column, US Editor Steve Block comments on the ‘evolution of ocean shipping dergeulation’ that has been the post OSRA-landscape:

http://www.forwarderlaw.com/library/view.php?article_id=794

Sweden Signs Rotterdam Rules

Sweden became the 24th nation to sign the Rotterdam Rules, and the only nation to add its signature in calendar 2011. Only Spain has ratified the Rules, which will come into force 1 year after the 20th ratification is received.

http://www.forwarderlaw.com/library/view.php?article_id=793