All posts by Francesco Gasparini

BREXIT AND CUSTOMS IMPORT

As of 1 January 2021, the United Kingdom will no longer be part of the Customs Union. The end of the transitional period will involve the introduction of checks on goods at borders in stages, the imposition of special customs obligations on traders importing controlled goods and finally the accession of the United Kingdom to the Common Transit Convention (CTC) no longer as an EU Member State, but as a separate contracting party.

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New BIMCO Law and Arbitration Clause 2020

On September 21, 2020 BIMCO has adopted a new arbitration clause. Several aspects are harmonized by the new clause, such as the choice of forum, the governing law and all the applicable terms in accordance with the chosen arbitration association. One of the most important key change concerns the notices of commencement of proceedings and the appointment of arbitrators. The new Law & Arbitration Clause address these issues with a provision requiring parties to a contract to clearly identify who are authorised to receive arbitration notices and communication.

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Covid-19 and road haulage

Following the recent measures introduced with the D.L. n. 125/2020 and the consequential extension of the state of emergency, the effectiveness of the requirements of dpcm 7 August 2020 for the movement of crew and crew of means of transport has been extended. These measures provide, upon their entry into Italy, the compilation of a self-declaration proving the work needs, as well as the prior communication to the department of prevention of the health company competent according to the place of entry.

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The damage from “emotional distress”, cruises and Covid-19

The epidemiological emergency from Covid-19 has had a strong impact on the cruise transport sector, raising various legal issues regarding contagion liability. In particular, on the compensation of damage from “emotional distress” a recent ruling by the United States District Court has illustrated the criteria necessary to admit the compensation of the aforementioned damage, requiring the existence of both material damage and a near risk of such damage.

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