COGSACarriage of Goods By Sea Act
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Now that the proper liability regime has been established, we now turn to the provisions of COGSA. For simplicity, let's assume that the most basic COGSA remedy will apply limiting the carrier to a monetary provision of USD $500 per customary freight unit, which could be construed to be one full container!
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.
The Commonwealth solicited voluntary contributions from its members to a special fund to help meet the costs of COGSA. The UN, too, had a special Trust Fund intended to 'finance the participation of additional observers from African and developing countries', and thus avoid an anticipated 'overrepresentation of observers from Western, industrialized societies'.(47) However, the hoped-for voluntary contributions failed to materialize.
"Hague Rules"), COGSA applies to all contracts of carriage by
The statutory construction at issue in Kawasaki ultimately was about jurisdictional matters--specifically, the forum in which the cargo owner's damages suit could be brought and which statute, Carmack or COGSA, would govern the carrier's liability.
Regal-Beloit Corp., (1) the Court considered the provisions of through (2) bills of lading, which purportedly extended the provisions of the Carriage of Goods by Sea Act ("COGSA") to the inland portion of an international, multimodal journey.
2 ocean carriers and my containerized goods--the back of a bill of lading tells me that the Ocean carrier's liability under global "Carriage of Goods by Sea Act" conventions (COGSA) barely extends beyond the movement of the container.
The United States Carriage of Goods by Sea Act (COGSA) (97)
Bacchus argued that the arbitration clause was unenforceable under the FAA because it was a contract of adhesion and also violated section 3(8) of the Carriage of Goods by Sea Act (COGSA).(109) The district court granted the motion to stay and to compel arbitration.(110) On interlocutory appeaL the First Circuit Court of Appeals affirmed.(111) The Supreme Court affirmed.(112)
(195) Although the plaintiff did not mention the Carriage of Goods by Sea Act, (196) in its complaint, the defendants asserted that the case arose under COGSA, and, because COGSA is a statute regulating commerce, federal jurisdiction existed pursuant to Section 1337.