Legal Insights

Prescriptive Periods in Cargo Claims: COGSA vs. Bill of Lading Stipulations

When a bill of lading sets a shorter prescriptive period than COGSA, which governs cargo damage claims? The Supreme Court clarifies.

Carrier’s Liability and the $500 COGSA Limit: When a Declared Value in the Invoice Counts

Explaining when a shipping carrier can invoke the US$500 COGSA package limitation, and when a declared value in the invoice defeats it.

Freight Forwarder Liability and the $500 Package Limitation Rule in Shipping Disputes

Philippine Supreme Court ruling on when a freight forwarder becomes a common carrier and the COGSA package limitation rule.

COGSA One-Year Prescription and Amended Complaints: Lessons from Wallem v. S.R. Farms

Philippine Supreme Court clarifies that COGSA's one-year prescriptive period bars claims against newly impleaded defendants in amended complaints.

Maritime Claims: Strict Interpretation of COGSA Prescriptive Period

Philippine Supreme Court clarifies the one-year COGSA prescriptive period for maritime cargo claims, emphasizing strict timing rules.

Delayed Cargo Claims and Prescription: When the One-Year COGSA Rule Does Not Apply

Explaining Mitsui O.S.K. Lines v. Court of Appeals: when delayed delivery claims are not "loss or damage" under COGSA's one-year prescriptive period.

Shipping Delays: When the 1-Year COGSA Limit Does Not Apply in the Philippines

Philippine law distinguishes physical cargo damage from pure economic loss due to delay. Learn when the 10-year Civil Code prescriptive period applies instead of COGSA's 1-year rule.

Insurance Claims Understanding Time Limits AND ALL Risks Policies IN THE Philippines

Philippine Supreme Court clarifies that all-risks insurance claims prescribe in 10 years, not the one-year COGSA limit for carriers.