201) Although the plaintiffs petition made no mention of COGSA
, the defendant removed the case based upon the unasserted 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
The district court found that COGSA
did apply and that each transmission rack was a "package" for purposes of calculating damages.
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.