Explosive Cargo, Divided Blame: Who Pays When a Shipment Goes Up in Flames?
Who is liable when a dangerous cargo shipment explodes during the voyage, the carrier or the shipper? This question becomes particularly...
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Siddharth Mahajan
Jul 16, 20232 min
'Frozen seafood' cargo. No set point in B/L. Reefer is not connected. Cargo damaged. Who's to blame?
B/Ls for reefer containers usually mention the set point to be maintained by the carrier during transit. What if it only mentions ‘frozen...
490
Siddharth Mahajan
May 14, 20232 min
The Danish take on what is a 'package' under Hague-Visby Rules
In the context of containerized cargoes, it is important to know what constitutes a ‘package’ for limitation purposes under the...
140
Siddharth Mahajan
Jan 16, 20232 min
Fire due to cargo misdeclaration – can the carrier rely on the ‘fire’ exception in the HVR?
Over the past few years, the word ‘fire’ has become synonymous with ‘containers’. Today, a lot is expected from carriers, especially in...
230
Siddharth Mahajan
Nov 1, 20212 min
Letters of Credit, Bank's duties & UCP 500
In international trade, a Letter of Credit (LOC) is used to negate the risk of non-payment for goods by the buyer to the seller. Release...
140
Siddharth Mahajan
Sep 16, 20212 min
Is a document a bill of lading just because it is titled as such?
Is a document a bill of lading just because it is titled and worded as such? The question was up before Singapore Court of Appeal in The...
90
Siddharth Mahajan
May 2, 20211 min
"Shipped in apparent good order and condition" - apparent to whom?
A bill of lading will generally state that the cargo has been "shipped in apparent good order and condition". But apparent to whom –...
170
Siddharth Mahajan
Dec 31, 20201 min
Shippers, unpaid freight & switch B/Ls
Unpaid freight and switch bills of lading – does the original shipper cease to be liable? llawarra Fortune was voyage chartered by...
20
Siddharth Mahajan
Dec 31, 20201 min
Piracy ransom & GA contribution by B/L holders
General average is a well known [ancient] concept and cargo owners are always looking at [novel] ways to avoid paying their contribution....
80
Siddharth Mahajan
May 10, 20201 min
Switch B/Ls - a tricky affair
Using switch bills of lading is tricky as highlighted by The Grand Ace 12 [2019]. Vessel loaded two parcels of oil from China and Taiwan....
30
Siddharth Mahajan
Dec 31, 20191 min
Implied indemnity for a clean B/L?
Can a general indemnity be implied in a voyage charter when a clean B/L is issued for goods which were infact loaded in a pre-damaged...
40
Siddharth Mahajan
Dec 31, 20191 min
Package limitation in Hague (Visby) Rules & Himalaya clause
Containers are used to ship goods worth millions. Cargo owners may find it harsh that often they might not be able to recover more than...
110
Siddharth Mahajan
Dec 31, 20191 min
Containers stolen from terminal - Hague Visby Rules or CMR?
Hague Visby rules or CMR, which one is applicable when unauthorized truckers whisk away containers from the terminal by using stolen pick...
50
Siddharth Mahajan
Aug 31, 20191 min
B/L spent if bank acquires them after discharge is over?
Banks when playing their part in financing international trade do also become holders of B/Ls at some stage which gives them rights of...
50
Siddharth Mahajan
Aug 18, 20191 min
Counterfeit goods and liability of freight forwarders
To what extent are freight forwarders in Singapore liable for handling transshipped "counterfeit" goods? This novel legal issue was up...
30
Siddharth Mahajan
Aug 11, 20191 min
Exclusion clauses in B/L - the phrase 'howsoever arising' encompasses losses due to unseaworthiness?
Does a general exclusion clause in B/L cover loss/damage to cargo caused by negligence or unseaworthiness? The answer is quite...
220
Siddharth Mahajan
Dec 30, 20181 min
House B/L issued by a freight forwarder is the same as a B/L?
Can a house bill of lading issued by a freight forwarder be characterized as a B/L? In other words, is the holder of a house B/L provided...
10
Siddharth Mahajan
Dec 9, 20181 min
Himalaya clause & downstream carriers
Good old Himalaya clause to the rescue of downstream carriers in a $1.6m claim. In Royal Smit v. Onego [2018], cargo owners contracted on...
20
Siddharth Mahajan
Nov 11, 20181 min
Governing contractual document between owners & charterers if carrying vessel is substituted - B/L?
If ship-owners exercise their right to substitute the carrying vessel, and the new vessel belongs to a different owner, then which...
50
Siddharth Mahajan
Oct 21, 20181 min
A NVOCC cannot be 'the carrier'
To what extent realistically can NVOCCs undertake the traditional responsibilities of a carrier, and can a claim stemming from delay of...
50
Siddharth Mahajan
Aug 12, 20181 min
Himalaya clause affords protection to downstream carriers?
“Himalaya clause” and Multimodal Bill of Lading: Are downstream carriers (providing sea, road and rail carriage) protected by Himalaya...
90
Siddharth Mahajan
Jul 15, 20181 min
Does the one yr time bar in Hague (Visby) Rules apply to ‘misdelivery’ claims?
Does the one yr time bar in Hague rules apply to ‘misdelivery’ claims? What if the claimant commences proceedings in a foreign court in...
40
Siddharth Mahajan
May 13, 20181 min
Can a charterer rely on 'cesser clause' in C/P to avoid paying GA contribution?
A case from 1970s, The Corinthian Glory provides some explanation. (caution: case is quite fact specific). Charterers took delivery of...
100
Siddharth Mahajan
May 6, 20181 min
When making a claim under B/L, should cargo receivers account for recovery made under sale contract?
Can a B/L holder, as receiver of damaged goods claim against shipowners (the carrier), even though the voyage charterers (as CIF sellers)...
50
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