TT Live

By way of update, the Hong Kong Appeal Court confirms the rejection of jurisdiction based solely on a ship's arrest, thus thwarting an attempt to secure potential greater ship's limitation fund. This follows the existing legal tests relating to the natural and appropriate forum for a hearing. 

Commercial relationships being what they are, there will be instances where a freight forwarder or logistics operator may be presented with an opportunity to start or continue to provide services to a customer on condition that they accept full liability for the goods in question. Consider such requests carefully!

An update, following appeal, concerning the ancient principles of general average (GA). In this instance the cause was piracy, but the case involved the interfaces between differing contracts and sharing risk - both by way of insurance and GA. The English Court of Appeal decides…

Since land-based storm events frequently are most severe at the shoreline, it is unsurprising that containers become caught up in the ensuing damage. Let’s look at some of the risks.

Climate change is resulting in an increase in the severity of droughts, fires and floods in many parts of the world. Record rainfall resulting in flooding in Eastern coastal areas of Australia are a poignant example. Severity and broader distribution of windstorms can also be attributed to climate change.

Many newsfeeds currently are covering mass migration arising from the war in Ukraine, following the tragic pattern from other conflict zones over years and decades. The freight supply chain, however, continues to be exploited by layers of criminal barons facilitating the unfortunate ‘underbelly’ of economic migration.

Disruptions through the global supply chain continue to create opportunities for criminals to infiltrate and access cargo. The ongoing impacts of the COVID-19 pandemic blight economies and have profoundly altered supply chains such as just in time models. The tragic situation in Ukraine will undoubtedly further challenge global freight movement.

Effective incorporation of standard trading conditions remains a fundamental business practice. Seeing them interpreted robustly by the courts in South Africa adds confidence.

Following the successful inauguration of the TT Brief series of guidance documents in 2021, work continues to expand the range of resources available in this format. Targeted at the operational workforce, these documents seek to provide visually arresting, pithy messaging to support toolbox talks and good operational practices. The upcoming series explores various elements of warehousing risks.

TT was pleased to be one of the endorsers of an important warehousing whitepaper on ‘storage and handling of Dangerous Goods in preparation for, or after, sea-transport’ issued by four industry organisations. This whitepaper valuably seeks to bridge any gaps between international regulations and local practices.

Lithium batteries are today used to power a variety of products, including handheld devices (such as phones or cameras), through larger items such as power tools, to electric vehicles (eBikes/scooters and other vehicles). The market is exponentially increasing through consumer demand and broader energy transition globally. Understanding the risks is crucial.

Lithium as a substance, and indeed lithium batteries, until around the mid-1980’s was classified for dangerous goods regulations under Class 4.3 (Substances which, in contact with water, emit flammable gases). Experts and regulators were persuaded that smaller batteries present reduced hazards compared to their larger counterparts through the supply chain. Therefore the criteria for classification...

An important case, not least because it went to the English Supreme Court, clarifying that acts or defaults in exercising due diligence may give rise to ‘unseaworthiness’ and the consequences of falling on the wrong side of the boundary, including in relation to general average.

Buoyed by the development of vaccines, 2021 promised a return to ‘normal’. The logistics industry has continued to operate at full capacity and beyond. The last year presented multiple challenges to every aspect of the freight industry – and there appears little respite as we head into 2022.

The rapid, widespread and now all-pervasive adoption of the standardised freight container concept certainly justifies why so little has changed in the last 50 years. Any fundamental re-engineering would need to account for the numerous interfaces with the ubiquitous box – but where might advance be possible?

The ongoing pandemic backdrop, where social distancing and remote working practices remain, has spurred the use of simulators for training operators of cargo handling equipment as an essential tool in the container terminal training armoury.

A critical transfer point of intermodal trade is the marine container terminal; immense strain encountered globally through 2021 is set to continue through 2022. Efficiently facilitating the flow of empty and laden containers to and from ships, trucks and trains is no mean feat ordinarily – and current disruptive dynamics have resulted in substantial congestion and operational stresses.

TT’s recent webinar highlighted an important insight and concern related to the current global supply chain stress, including blockages, delays and blanked sailings, and the impact that this might have on safety of particular cargoes.

The temperature controlled cargo supply chain can present operational challenges for all stakeholders due to the innate sensitivities of the cargoes transported. Clear, unambiguous and accurate communication is paramount.

An interesting Singapore case that investigates what relationship there is between contracts of sale and contracts of carriage. In the circumstances, it was impossible for holders of the bills of lading to attribute the traditional characteristics where the sale contract was silent.

Claims relating to wet damage to cargo are all too frequent. Many of these can be avoided entirely with a robust pre-loading condition checking procedure. While humidity and condensation are inevitable challenges through the supply chain, pre-existing CTU damages should be an easy check.

Everyone is well aware of weather conditions in their locality; those with responsibility for operating cargo facilities are likely to be acutely conscious of changes in local climatic conditions. Many will have seen tidal surges, wind microbursts and unprecedented rainfall become more common.

Supply chain security is a vital consideration for actors in the global supply chain, regardless of where they are operating or the  nature of their contractual obligations. Security throughout the supply chain has become essential through regulation as much as meeting customer expectations in the protection of their goods and reputation.

Operators in the global supply chain can easily become victims of fraud in conducting day-to-day business. ‘Carrier fraud’ is increasingly prevalent and sophisticated. Today’s digital business environment enables criminals to create fictitious companies, intercept legitimate business transactions and obscure their fraudulent activity, reducing the likelihood of recovering freight or funds and thei...

Nomination of a ‘special interest in delivery’ for a carriage under the CMR Convention remains insufficient on its own; it is necessary for the value to be declared in the consignment note – a German interpretation.