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INCO TERMS
Under a fob-sale it is normally the duty of the buyer to arrange for the sea carriage of the goods. Under a cif-sale it is the...
Jyoti Gogia
Oct 31, 20214 min read
Company Law and Restructuring Crash Course
Summary Company Law and Restructuring 1) Introduction What is European Company Law? Harmonization of company law on European level. Where...
Jyoti Gogia
Oct 31, 202128 min read
Government Regulation of Exports (UK example)
The control and regulation of exports from the UK is governed by various pieces of international, EU And national legislation. The...
Jyoti Gogia
Oct 31, 202129 min read
Liability Regimes in transport contracts Q&A
When does shipper liability become unlimited, on fault based, strict? Shipper liability is in general fault based and unlimited under...
Jyoti Gogia
Oct 31, 20213 min read
Brussels I (Recast) Regulation on Jurisdiction
In a transport of goods contract, who can commence proceedings for both the loss and the delay? As per article 32 of the CMR, the period...
Jyoti Gogia
Oct 31, 20214 min read
Is the WTO suitable to adjudicate wholly internal human rights disputes / child labour issues?
The WTO purpose is to liberalize, promote and facilitate a platform where trade negotiations take place and also reduce barriers that...
Jyoti Gogia
Oct 31, 202110 min read
Commercial Law Questions and Answers (Grade A)
Seller ----------- B1 ------------B2------------- B3 W X Y Z Was end buyer (Z) right in notifying the previous buyer (Y) that...
Jyoti Gogia
Oct 31, 202112 min read
Anti-Trust:The Interplay of Article 101 and Article 102 from the TFEU and Abuse of Dominant Position
Case study facts (fiction): Let's suppose that Offensive v Defensive enter an agreement to sell pharmaceutical products and breach...
Jyoti Gogia
Oct 31, 202113 min read
The Schweppes Case on Trademark Exhaustion and Key Takeaway's
Court’s Opinions i.e. CJEU held that Article 7(1) of Directive 2008/95 does not allow the national trademark owner to oppose importation...
Jyoti Gogia
Oct 31, 20212 min read
Everything you need to know about employee status, Transfer of undertakings, and EU Labour law
Transfer of undertaking Definition of transfer of undertaking economic entity = article 1 (b) ARD 🡪 an organised grouping of resources...
Jyoti Gogia
Oct 31, 20219 min read
EU labour Law; When is there really and actually a Transfer of undertaking ?
In order to establish whether there is a transfer of undertaking, there must be: 1. an undertaking (economic entity). An economic entity...
Jyoti Gogia
Oct 31, 20212 min read
Procedural rules in Transportation contracts and the Applicability of the Law
Parties to a contact have the freedom to decide the applicable law as stipulated by Article 3.1 of the Rome I regulation. Assuming that...
Jyoti Gogia
Oct 31, 20213 min read
Whether the rules in the UK on representation are (fully) in line with The EC Directive 68/151/EEC
UK Law The EC Directive 68/151/EEC of 9 March 1968 First Directive, specifically Article 9(1) and 9(2) prompts European Communities Act...
Jyoti Gogia
Oct 31, 20212 min read
Freight Forwarder or Carrier?
When interpreting a contract, Courts look at the substance rather than the working of the contract. So, a Carrier's liability would be...
Jyoti Gogia
Oct 31, 20212 min read
Which Law Applies to the contract using the example of FENEX conditions and CMR?
In order to define which law will govern the subject contract, it is necessary to analyse the Rome I Regulation. Pursuant to the article...
Jyoti Gogia
Oct 31, 20212 min read
The agent-principal relationship in transport liability
The definition of an agent is a person who has the authority or capacity from the principal to represent him or act on his behalf. The...
Jyoti Gogia
Oct 31, 20214 min read
Do Sustainability clauses undermine Trade?
Should trade actions be used to impose labour standards, or are they simply an excuse for protectionism. Similar questions are asked...
Jyoti Gogia
Oct 31, 20212 min read
Consistent interpretation of WTO law in the EU and the US
Introduction 2. Case reports 2.1. EU Law - Commission v Germany 2.2. US Law - Murray v. Charming Betsy 2.3. US Law – Chevron USA, Inc v...
Jyoti Gogia
Oct 31, 20216 min read
Essential Documents in Transport of Goods - Supply Chain
mate’s receipt- The mate’s receipt provides evidence in writing of the receipt of the cargo described therein on board of the ship....
Jyoti Gogia
Oct 31, 20213 min read
Carriage of Goods
Carriage contracts are related to other contracts, so if special rules such as the CRM do not apply, normal contract law will apply....
Jyoti Gogia
Jul 5, 20211 min read
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