EPE meaning

Monoprosopi EPE v Maersk A/S [2024] EWHC 2494 (Comm) What are the practical implications of this case? This ruling delivers key guidance on: (a) the scope of the inspection a carrier must conduct under Article III.3 of the Hague Rules before stating on a bill of lading that the goods are in apparent good order and condition; and (b) the breadth of carriers’ obligations to avoid unintentionally enabling fraud through bills of lading. Article III.3 requires only an outward check of the container. Unless put on notice of a specific issue (for instance, the sound of glass breaking or the odour of spoiled fish), the carrier is not obliged to examine the contents or confirm the cargo’s weight. As a matter of contract or tort, where a carrier knew, or should have known, of a substantial discrepancy in the cargo’s weight, it is arguable that a duty is owed to the purchaser to prevent the bills of lading being deployed as an instrument of fraud......

Early Production of Evidence (‘EPE’) Early Production of Evidence (‘EPE’) enables parties to seek the disclosure of evidence from an appointed arbitrator—commonly termed the ‘evidence arbitrator’—through a distinct, self-contained procedure. Effective dispute management depends on identifying the facts that must be proved and assessing the evidence available. As a result, EPE operates as a dispute-prevention measure, fostering settlements and allowing parties to evaluate the viability of their claims before commencing arbitration. This mechanism is vital for scrutinising a case prior to advancing a full claim to an Arbitral Tribunal. Recognised under Brazilian procedural law, EPE is underpinned by the 2015 Brazilian Code of Civil Procedure (CPC), which authorises its application in specified situations, including circumstances where advance clarification of facts may justify or avoid litigation...

In this issue: Advertising, marketing and sponsorship Consumer protection Contracts E-commerce Intellectual property International Sale and supply of goods Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—13 November 2024 The Advertising Standards Authority examined two paid Google adverts for Cult Wines, a wine investment firm, seen in June 2024. It queried whether the adverts were misleading because they did not set out investment risks and failed to state that previous performance may not predict future outcomes. The complaints were upheld. See: LNB News 13/11/2024 75. Consumer protection CMA launches project on dynamic pricing across economic sectors On 13 November 2024, the Competition and Markets Authority opened a project to scrutinise the use of dynamic pricing across a range of sectors. Previously flagged in correspondence with the Business and Culture Secretaries, the work will seek...