SUBMARINE CABLES – WHAT APPLICABLE LAW?
Writed by Xavier Delplanque de Mandelot, , 24 October 2018
French law has incorporated in its internal dispositions, the dispositions of international conventions relating to petroleum facilities and in particular, pipelines or port facilities, which also constitute public policy obligations in French law applicable to French companies. International conventions of the Law of the Sea, ratified afterwards, are also applicable First in time, the international convention relating to the protection of submarine cables, signed in Paris on March 14, 1884 and ratified in Paris on April 23, 1888, […]
OPPOSABILITY OF THE JURIDICTION CLAUSES CONTAINED IN THE BILLS OF LADING
Writed by Xavier Delplanque de Mandelot, , 28 February 2018
The decision issued by the French “Cour de Cassation” on September 27th, 2017, is an important curb on the enforceability of the bill of lading’s competent clauses regarding the real receiver. We recall that the real receiver (that is to say the one, who is not mentioned in the bill of lading and has suffered the prejudice) has a direct right of action against the sea carrier. It should be remembered that, following to the adoption of the European Union’s […]