COGSACarriage of Goods By Sea Act
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201) Although the plaintiffs petition made no mention of COGSA, the defendant removed the case based upon the unasserted COGSA claim.
Originally COGSA was understood to apply tackle-to-tackle, meaning from the time that loading the shipment began to the completion of unloading the shipment.
76) Despite these administrative changes, problems remained and multiplied, leading COGSA to send the IEC chairman an eve-of-poll letter with a further list of urgent areas of concern.
provisions of COGSA or the Harter Act does "not speak directly to a
While the decision addresses an important question of maritime law, its biggest impact will be on rail carriers within the United States that are now subject to the provisions of COGSA when the rail carriage is part of a larger, multimodal shipment pursuant to a through bill of lading.
and standards of COGSA in the owner/charterer relationship.
The Court rejected Bacchus' first argument that a foreign arbitration clause lessens liability under section 3(8) of COGSA by increasing the transaction costs of obtaining relief.
Congress did not include COGSA in its recodification of Title 46, so the original codification will be cited.
The question before the court was whether the inland portion of an intermodal shipment is subject to the Carmack Amendment to the Interstate Commerce Act of 1887, which governs certain rail and motor transportation by common carriers within the United States rather than the COGSA.
528, 530 (1995) (enforcing forum-selection clause for arbitration in COGSA maritime case and indicating that forum-selection clauses selecting a foreign court were also enforceable).
71) By contrast, to the Rotterdam Rules, neither the Hague-Visby Rules nor the COGSA 1971 contain any provisions on e-commerce or the negotiable electronic documents.