Entries by Daan Komen

CONTAINER DEMURRAGE AND DETENTION UNDER DUTCH LAW

The terms of the Bill of Lading usually contain a broadly formulated Merchant Clause, such as:   Merchant: includes the Shipper, Consignee, holder of this Bill of Lading, the receiver of the Goods and any Person owning, entitled to or claiming the possession of the Goods or of this Bill of Lading or anyone acting […]

THE MARITIME COURT SURVEYOR IN THE NETHERLANDS

Fact-finding should preferably be done as soon as possible after the occurrence of the damage causing incident. Where evidence is in the possession of only one of the involved parties, such as VDR-data, radar tracks, AIS data, witness evidence, the crew list and copies of logbooks such as the deck- and engine logbooks, Dutch law […]

THE ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN THE NETHERLANDS

Sub a of the BIMCO Standard Dispute Resolution Clause 2017 starts with: ‘This Contract shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this Contract shall be referred to arbitration in London [..]. The arbitration shall be conducted in accordance with the London […]

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CISG regularly remains unknown to contracting parties

Practice shows that the United Nations Convention on Contracts for the International Sale of Goods (CISG) regularly remains unknown to contracting parties. A recent judgment of 06 November 2019 by the District Court Noord-Nederland (https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBNNE:2019:4743) is an example of such. A Belgian company (‘the Buyer’) purchased a state of the art ‘LED screen’ from a […]

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OBTAINING DATA REEFER CONTAINERS WITHOUT VOLUNTARY COOPERATION OF CARRIERS

With a total TEU of 14,512,661 incoming and outgoing containers by sea in 2018, the container segment pushed the port of Rotterdam to a new high. This trend continued in 2019. An ever increasing number of these are temperature controlled containers to transport perishable cargo. Temperature controlled containers are commonly referred to as ‘reefer containers’. […]

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Preserving evidence under Dutch law

On 13 September 2013, the Dutch Supreme Court issued a judgment that has a wider application in respect of pre-judgment orders attaching documents for the purpose of preserving evidence (including digital evidence) in non-IP cases. After a hesitant start it appears that Dutch courts are prepared to grant these interim measures for the purpose of […]

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Legal commentary regarding ‘fault of the vessel’ under Dutch law

Legal commentary regarding ‘fault of the vessel’ under Dutch law It is worth mentioning the recent judgment of the Court of Appeal Arnhem-Leeuwarden of 16 October 2018.[1] On 16 July 2015, an explosion took place aboard the motor yacht ‘A’. The yacht burned down completely. A few hours prior to the explosion, the owner of […]