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Discussion on landmark cases related to the transportation industry written by Atty. Joey Banday.

Who Gets to Decide Degree of Disability of Seafarer?

Who Gets to Decide Degree of Disability of Seafarer?

Apr. 3 | In determining the degree of disability of a seafarer, should the assessment of the company-designated physician prevail over that of the physician appointed by the seafarer?   Yes. And this is the story.   On March 30, 2011, Floro Tripon boarded...

Exemption of arrastre operator from negligence rule

Exemption of arrastre operator from negligence rule

Oct. 5 | Can the arrastre operator be exempt from the presumption of the fault/negligence rule?   Yes. And this is the story.   Sometime in 1989, ABC Trading [ABC] imported from Singapore 10 containers of soft wheat flour. The shipment was discharged...

Freight forwarder joint liability with ocean carrier

Freight forwarder joint liability with ocean carrier

Jan. 19 | Is the freight forwarder solidarily liable with the ocean carrier?   Yes. And this is the story.   Sometime in 2000, Artis Trading Phils, Inc. [ARTIS] imported from Jen Trading Co. [JEN] of South Korea 200 rolls of plastic packaging materials.   In...

Broker Accreditation at BOC

Broker Accreditation at BOC

Sep. 17 | Does a customs broker need a certificate of accreditation from the BOC?   No. And this is the story.   After the passage of the Customs Brokers Act of 1994 [Republic Act 9280], the Commissioner of the Bureau of Customs [BOC] with the approval...

The Rotterdam Rules

The Rotterdam Rules

Nov. 30 | The Rotterdam Rules is the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partially by Sea.  It is a convention intended to unify and modernize international rules already in existence that govern the international...

Reliability of draught surveys

Reliability of draught surveys

May. 14 | IS a draft survey reliable? No. And this is the story.   On November 25, 1995, C Export Co. allegedly loaded on board the vessel M/V “Nina” at the Port of Darrow, Louisiana, U.S.A., 3,300 MT of soya bean in bulk for delivery to SM Enterprises...

Fraud in insurance claims

Fraud in insurance claims

Jan. 4 | Can the incidence of fraud void an insurance claim/policy? YES.  And this is the story.   On 12 June 1990, a fire gutted the warehouse of United Lights Corporation [ULC].  The warehouse and/or its contents were insured against the fire with Community...

Package Inspection By A Forwarder

Package Inspection By A Forwarder

Jun. 6 | Can a forwarder/courier company inspect package/s to be shipped? Yes and this is why.   On August 8, 1987, Andres Martin went to the office of Manila Export Forwarders (MEF) with four gift-wrapped packages which he said was for a friend in Singapore....

COGSA One-Year Prescriptive Period

COGSA One-Year Prescriptive Period

Jan. 19 | CAN the one-year COGSA rule benefit the marine insurer? No, and this is the story. Sometime in 1993, New Word Dev. Corp. (NWDC) imported three emergency generator sets from the United States. But when these were delivered, all three generators were found...

Consignee’s Liability to Delivery Agent

Consignee’s Liability to Delivery Agent

Mar. 14 | IS the consignee liable for expenses incurred by the delivery agent? Yes, and this is the story. In March 1979, Freeport Traders, Inc (FTI) ordered a shipment of chocolates from Tobler Ltd of Switzerland. Tobler contracted the services of Marl Lines of...
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