Joost Fanoy’s Post

"Amicable Settlement in Transport Claims: A Smooth Path to Resolution" Transport claims, whether they involve damaged goods, delays, or accidents, can lead to disputes between shippers, carriers, and insurers. While litigation can be a lengthy and costly process, amicable settlement offers a more efficient and cost-effective solution. What is Amicable Settlement? Amicable settlement is a process where parties involved in a dispute agree to resolve their differences outside of a formal court setting. This is achieved through negotiation and compromise, facilitated by mutual understanding and a willingness to find common ground. Why Choose Amicable Settlement for Transport Claims? -Time-Efficient: Amicable settlement can significantly reduce the time taken to resolve a dispute compared to litigation, which often involves lengthy court procedures. -Cost-Effective: Legal fees and court costs associated with litigation can be substantial. Amicable settlement eliminates these expenses, making it a more affordable option. -Preserves Relationships: Litigation can strain relationships between parties. Amicable settlement helps maintain positive business relationships, which can be crucial for future collaborations. -Flexibility: Amicable settlement offers flexibility in reaching a mutually agreeable solution. Parties can tailor the settlement terms to their specific needs and circumstances. -Confidentiality: Unlike court proceedings, amicable settlements are confidential, protecting sensitive business information from public disclosure. By opting for amicable settlement, parties involved in transport claims can avoid the stress and expense of litigation while achieving a satisfactory resolution. It's a win-win approach that promotes fairness, efficiency, and harmony in the transportation industry. By choosing us, Blue Recovery Solutions, you can ensure a smooth and efficient resolution of your transport claims. Contact us today to learn more about how we can assist you. ➡️ Message me here on LinkedIn 📩 Abdel.Njiasse@bluerecoverysolutions.com #marinetransport #airtransport #roadtransport #transportlaw #logistics #internationaltrade #BlueRecoverySolutions

Ever wondered about the legal framework governing the shipping of goods by sea? Dive into the Carriage of Goods by Sea Act (COGSA) and discover its vital role in regulating the rights and liabilities of shippers and carriers. From liability limitations to claims deadlines, COGSA is essential for smooth maritime operations. Learn more about how COGSA impacts the maritime industry: [What is COGSA?](https://hubs.ly/Q02XJDyg0)

Ever wondered about the legal framework governing the shipping of goods by sea? Dive into the Carriage of Goods by Sea Act (COGSA) and discover its vital role in regulating the rights and liabilities of shippers and carriers. From liability limitations to claims deadlines, COGSA is essential for smooth maritime operations. Learn more about how COGSA impacts the maritime industry: [What is COGSA?](https://hubs.la/Q033CmLn0)

The #HagueVisbyRules are a standard framework of international rules for carrying sea cargo, which set obligations for shipowners and cargo interests. Before the Rules were adopted in 1931, parties to cargo shipping contracts could use any terms they pleased, which led to wide-reaching exclusions of liability by the shipowners (who were in a stronger bargaining position). This caused major problems for cargo owners trying to claim damages from carriers. The Hague-Visby Rules impose standard, internationally-agreed rights and responsibilities on both carriers and shippers.  The carrier (shipowner or charterer) has several key obligations, including: (1) To exercise due care and diligence before, and at the beginning of the voyage to make the ship seaworthy, properly manned and supplied, and the holds fit to receive the goods (Art III(1)) (2) Properly and carefully load, handle, stow, carry, keep and care for and discharge the goods until delivered (the 'reasonable care, tackle to tackle' obligation, Art III(2)) The carrier can escape liability through standard exclusions, such as an Act of God or 'inherent vice' of the cargo (Art IV(2)). Liability limits can also apply on the value of claims per package or per unit of weight. Any claim against the carrier must be brought within one year of the date of delivery or expected delivery (Art III(6)). The Hague-Visby Rules don't apply to all cargo shipping contracts, but are generally incorporated onto straight or 'to-order' Bills of Lading. The adoption of international rules for cargo claims has evened the bargaining power between shipowners and shippers, and is accepted as having brought about worldwide economic benefits. You can read the full Rules here > https://lnkd.in/dKGnd4r7 #maritime #law #marineinsurance Gard AS

📢 ITIC help settle a $380,000 arbitration dispute, a claims case currently trending on TradeWinds as most read 🙌 'A shipbroker has been forced to settle for $380,000 after a charter deal went wrong. The arbitration dispute has been revealed by UK insurer International Transport Intermediaries Club (ITIC), which settled the claim for the broker. London-based ITIC said the case underscores the “paramount importance” of transparent communication and due diligence in the shipbroking sector, following an accusation of breach of contract and negligence for not disclosing critical navigation restrictions to a charterer.' - TradeWinds Click below to read the full article. #shipsandshipping #shipping #maritime #maritimeindustry

Enclosed is the award of the High Court of Justice Business & Property of England and Wales (England High Court) in the dispute between FitzWalter Aviation Holdings 1 Limited (#FWA) and VietJet Aviation Joint Stock Company (#Vietjet). Key factors influencing this outcome include the legitimacy of FWA's actions under the contractual framework, significant and long-standing defaults by VietJet, and the airline's subsequent use of the aircraft while failing to address its financial obligations. VietJet’s late attempt to seek relief from forfeiture was deemed inappropriate, particularly given its conduct aimed at obstructing FWA's efforts to reclaim the aircraft. The judgment emphasized that the circumstances did not warrant relief from forfeiture, as VietJet's defaults were substantial and it had acted in a manner that was both egregious and obstructive. The court found that granting relief would undermine the principles of certainty and fairness in commercial arrangements. As such, it ruled that it would not be unconscionable for FWA to enforce its termination rights under the Sub-Leases. In conclusion, while FWA's claim succeeds, the specific form of relief to be awarded will require further consideration. The England High Court expressed a preference for the parties to reach an agreement on this matter, but if that is not feasible, a separate hearing will be necessary. Despite the award succession of FNW, in my view, the England High Court did not clearly stipulate the rights of FNW in mandatorily taking-over of 04 aircraft from Vietjet which may lead to various difficulties in the award enforcement in Vietnam and/or other countries. However, as an arbitrator, I myself can learn from legal thinking and explanation from the England High Court in this complicated cross-boarder case. Source: https://lnkd.in/gPc5_dTK

In their latest article, Melanie Mooney and Andrew Guirguis review the English Court of Appeal judgment on Majid Ali v HSF Logistics Polska SP. Zo.o which determined whether a claim for credit hire should have been dismissed because the claimant's vehicle didn't have a valid MOT at the time of the accident. The decision looked at whether someone could claim for losses as a result of a road traffic accident when their vehicle had not been roadworthy or was being driven illegally. For the decision in the judgment, and details on what it means for future claims, you can read the full article below. Clyde & Co

In their latest article, Melanie Mooney and Andrew Guirguis review the English Court of Appeal judgment on Majid Ali v HSF Logistics Polska SP. Zo.o which determined whether a claim for credit hire should have been dismissed because the claimant's vehicle didn't have a valid MOT at the time of the accident. The decision looked at whether someone could claim for losses as a result of a road traffic accident when their vehicle had not been roadworthy or was being driven illegally. For the decision in the judgment, and details on what it means for future claims, you can read the full article below. Clyde & Co

Practical guidance for owners In-Transit Loss Clause (ITL) To safeguard their positions, owners should consider: - Ensuring the ITL clause only permits charterers to bring a claim for in-transit losses, rather than deducting amounts from freight; - Avoid agreeing to clauses with language that might override the clause paramount (e.g. phases like ‘notwithstanding anything else in this charter…’); - Working with legal experts to carefully draft and review ITL clauses to ensure they align with the charterparty’s overall terms and do not prejudice owners’ defences under the Hague/Hague-Visby Rules. #maritimelaw #charterparty #shipping #marineinsurance You can read the full article by clicking on the link below: https://lnkd.in/gSgdQ2QP

Our lawyers represent clients from every corner of the industry, including shippers, carriers, ship owners, terminal operators, energy companies, cruise lines, non-vessel-operating common carriers, treasure salvors, terminal operators, shipyards, banks and financial companies, among others. Our experienced trial and business lawyers work hand-in-hand to ensure that disputes are resolved quickly and effectively and that client deals are negotiated, structured and documented with care and full attention to detail. Learn more about our Maritime Services: https://loom.ly/eg8hkIU #lawyer #attorney #lawyernearme #attorneynearme #kentcounty #newcastlecounty #delawarecounty #chestercounty #philadelphia #contractlaw #realestateattorney #realestate #bankruptcylawyer #Chapter11 #lawfirm #maritimelaw #gsbblaw