While on the subject of exclusion clauses. we are grateful to our friends at Australian lawyers Phillips Fox for this timely reminder about the importance of proper drafting of such clauses. The following comments are based on Australian law and practice and while the principles are generally applicable in other jurisdictions, members else where should seek legal advice locally on issues of incorporation and validity.
Our colleagues Marcus John and Iain Sharples in Sydney write about the problems of enforcing claims on those (hopefully rare) occasions when ships cause damage to terminal property during berthing/unberthing, loading and discharge operations. Emergency response to any personal injuries or pollution clean up will be of immediate concern but the subsequent financial cost to the terminal can also be substantial.
The Nautical Institute, an international professional body for qualified seafarers and others with an interest in nautical matters, provides a wide range of services to enhance the professional standing and knowledge of its members. One of these services is the maritime accident reporting scheme (MARS), where members can report accidents and nearaccidents confidentially without fear of litigation. Dangerous practices, navigational difficulties and other hazards are thus highlighted in an effort to improve safety.
We remind readers that the US Department of Agriculture's Wood Packaging Material (WPM) regulations for pallets and crates came into effect on 1 February 2006 and that they will be enforced by the US Customs and Border Protection (CBP) inspectors from that date.
Cristina Martinez of the Barcelona law firm Indeco tells us that on 14 January the Spanish government introduced regulations requiring all freight containers to comply with the 1972 Safe Container convention.
Leading transport insurance provider TT Club maintained its long-term cooperation with BIFA (the British International Freight Association) last week, by sponsorship of the Supply Chain Management category at the Association's latest annual Freight Service Awards ceremony.
