Canada, like many nations, incorporates into its domestic law the Hague-Visby Rules for the carriage of goods by sea. The Hague-Visby Rules are found attached as Schedule 3 to Canada’s Marine Liability Act. The Hague-Visby Rules limit a carrier’s freedom to contract, but, in turn, provide for specific defences, including a one year limitation period, and a package limitation based… more »
The arbitration process is commonly used to resolve legal disputes that arise in the shipping industry. Many of the standard form charter parties that have been in use for decades include a clause requiring disputes to be resolved by arbitration. The recognition or enforcement of Arbitration Awards is, as a consequence, an important part of the international legal system, providing… more »
The title of this article “Arbitration Clauses: What Law Governs and Who Decides” raises questions that are addressed by the area of law known as “conflict of laws” or “private international law”. What this area of law deals with is the conflict that can arise in international transactions between competing legal systems. Conflict of law rules try to resolve the… more »
On August 8, 2001, the Marine Liability Act, S.C. 2001, c. 6 (the “Act”) came into force. The broad purpose of the Act according to government literature is as follows: To adopt a new regime of Shipowner’s liability to passengers and a new regime for apportioning liability. To consolidate existing marine liability regimes to one comprehensive piece of legislation; and… more »
The Courts are currently dealing with a set of facts which has significance to all of those who create or rely upon notations and exceptions in shipping documents. The case which proceeded before the B.C. Supreme Court in 2001 and the B.C. Court of Appeal in 2003 and a companion case seeking indemnity, heard by the B.C. Supreme Court in… more »
Transport Canada has now set out its plans for law reform in the maritime sector by way of a Discussion Paper (TP–14370E May 2005). The paper deals with policy proposals that would require changes in that part of Canadian Maritime Law which finds its source in statutes and regulations.… more »
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