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Private international law
November 3, 2021

Court rules that jurisdiction agreement in bill of lading cannot be set aside due to "international character" of dispute

On 9 September 2021, the Supreme Court of Denmark determined whether legal proceedings against a Danish shipping company, which had contracted to carry containers from China to Copenhagen, could proceed in Denmark irrespective of the fact that the claimant and the shipping company had agreed that the dispute should be heard exclusively by the UK High Court. The Supreme Court decided that the dispute had such an international character that the jurisdiction agreement between the parties could not be set aside under section 310(1) of the Merchant Shipping Act, since the EU Recast Brussels Regulation(1) applied.

Maritime law
November 1, 2021

Time limitation for recourse claim against sea carrier is not generally limited to two years from cargo delivery date

On 16 June 2020 the Copenhagen Maritime and Commercial Court found that a recourse claim that was made by sea carrier (B) against a Danish shipping line had become time barred pursuant to the Danish Merchant Shipping Act (DMSA) as the court decided that the time limitation for such claim was, as a general rule, two years from the date where the damaged cargo had been delivered (for further details please see "Time limitation for recourse claim against sea carrier cannot be more than two years from cargo delivery date").

Transport law
September 8, 2021

Time limitation for claims under NSAB 2015 conditions and gross negligence

A Danish exporter sold six guiderollers for a printing machine to a Japanese buyer on carriage and insurance paid to terms. The purchase price was 285,410 Danish kroner and the weight of the shipment was 85 kilos per waltz. The seller entered into an agreement with a freight forwarder for door-to-door transport of the rollers from Bjert in Denmark to Gotemba in Japan, pursuant to and based on the General Conditions of the Nordic Association of Freight Forwarders (NSAB 2015).

Transport law
August 25, 2021

Road carrier liable for temperature damage to cargo despite no instructions on transport temperature

The Copenhagen Maritime and Commercial Court recently considered a case concerning liability for damages caused by a cargo of frozen fish being transported at the wrong temperature.

Commercial law
May 25, 2021

Construction all risks insurance – challenges with LEG3 coverage

In Denmark, construction all risks insurance covers damage in connection with a construction – whether it is being built, added to or rebuilt. It is an 'all risk' insurance, which means that most damage is covered unless directly excluded in the insurance terms.

Maritime law
May 5, 2021

Is an FOB seller which receives a bill of lading bound by its jurisdiction clause?

The Maritime and Commercial Court recently considered whether a freight on board (FOB) seller which had received a bill of lading as a receipt for delivery of cargo was bound by said bill of lading's jurisdiction clause.