Judgments and Enforcement of Judgments

Agreements to insure - Application of Hague-Visby Rules - Carriage of Goods - Is Transportation Services Contract a Charter?

AGF Steel Inc. v. Miller Shipping Limited, 2016 FC 461

In Carriage of Goods by Sea, Judgments and Enforcement of Judgments on April 20, 2016 (Updated April 03, 2017)

Précis: The court held that a transportation services contract between the parties was, in fact, a contract for the charter of a ship and the Hague-Visby Rules did not apply.

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Carriage by Sea - Dead Freight - Practice - Summary Judgment

Asia Ocean Services, Inc. (UPS Asia Group Pte Ltd) v. Belair Fabrication Ltd, 2015 FC 1141

In Carriage of Goods by Sea, Judgments and Enforcement of Judgments on October 6, 2015 (Updated November 22, 2015)

Précis: The shipper was required to pay dead freight pursuant to the terms of a booking note.

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Appeals for Arbitrators - Arbitration Awards - Demurrage - Enforcement - Freight

Orient Overseas Container Line Limited v. Sogelco International, 2011 FC 1466

In Carriage of Goods by Sea, Judgments and Enforcement of Judgments on December 13, 2011 (Updated July 11, 2012)

This was an appeal from a decision of a Prothonotary granting recognition and enforcement of a New York arbitration award. The appellant argued that the Prothonotary had erred in finding that there was a written arbitration agreement, a requirement of recognition and enforcement. The Appeal Judge, however, agreed with the Prothonotary. He found the undisputed evidence was that a services …

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