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TITLE Supreme Court Decision 2014Da41469 Decided March 29, 2018【Indemnification】* First draft [full Text]
Summary
[1] In cases where, albeit a governing law clause is already incorporated into a bill of lading (B/L), a provision on compliance with the law of a specific country that enacted an international convention on the limitation of a carrier’s liability is stipulated thereunder and that provision satisfies the application requirements of said country’s statute, whether the law of that country ought to take precedence in governing a carrier’s liability limitation (affirmative in principle)
[2] In the case where: (a) Company A, a stock company, and Company B, a foreign entity, entered into a sales agreement; (b) an accident occurred involving cargo becoming loose or unfastened during inbound shipments and subsequently caused defects in the quality of products; (c) Company C, an insurance company, provided coverage for damages to Company A based on a maritime cargo insurance policy that it concluded with Company A; and (d) thereafter, Company C sought compensation for tort-related damages against Company D, a foreign entity, which transported the cargo upon having received the Bill of Lading (B/L) from Company A, the case holding that the applicable law regarding the claim for damages arising from tort shall be the relevant law governing bills of lading pursuant to Article 32(1) and (3) of the Act on Private International Law
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