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Just maritime
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Siddharth Mahajan
Jul 27, 20241 min read
Used Cars Ignite Liability Debate: Insights from The Honor Case
Used cars present an elevated fire risk. In the event of a fire originating from such a vehicle on board a ship, can the shipper be held...
160
Siddharth Mahajan
Jun 29, 20242 min read
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...
230
Siddharth Mahajan
Nov 26, 20232 min read
Detention for anchoring in Spore OPL without permission from local authorities - who bears the loss?
Over the past years many vessels have been detained by Indonesian or Malaysian navies for anchoring in their waters without permission....
850
Siddharth Mahajan
Jul 16, 20232 min read
'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...
520
Siddharth Mahajan
May 14, 20232 min read
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...
160
Siddharth Mahajan
Jan 16, 20232 min read
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...
260
Siddharth Mahajan
May 2, 20211 min read
"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 –...
200
Siddharth Mahajan
Dec 31, 20191 min read
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 read
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
Mar 17, 20191 min read
Crew member deliberately starting fire & Hague rules 'fire' defence against cargo claims
Crew member deliberately starting a fire! Can the shipowner avail the benefit of the fire defence in the Hague rules to exempt itself...
30
Siddharth Mahajan
Dec 23, 20181 min read
Cargo of coffee damaged by condensation & 'inherent vice' defence under Hague rules
A highly debated area - 'burden of proof in cargo claims', provided with much needed clarity last month by the UK Supreme Ct. in Volcafe...
120
Siddharth Mahajan
Oct 28, 20181 min read
Seaworthiness & acts / omissions of Technical Superintendents
Can a failure to supply necessary spares for ME maintenance result in the carrier losing out on the defense under Art.4(1) of Hague...
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Siddharth Mahajan
Oct 21, 20181 min read
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...
60
Siddharth Mahajan
Oct 21, 20181 min read
‘Management of ship’ and ‘management of cargo’ are not the same
As regards duty of the master for the purposes of Hague rules defence available to ship owners for loss/damage caused by errors in...
70
Siddharth Mahajan
Aug 12, 20181 min read
UK court confirms that geographical deviation is a fundamental breach
Does a geographical deviation preclude the carrier from relying on the one year time bar limit? UK Court answered it in Dera Commercial...
20
Siddharth Mahajan
Jul 15, 20181 min read
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...
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