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Surprise: claims for unpaid bunkers under bunker supply contracts are straightforward claims in debt where the passing of property is not required...
Also: be specific in tripartite agreements; the right to rely on refund guarantees; and more.
Claimants with contractual claims against a Korean ship operator can go through London courts.
A Dutch ship operating company, SBV, brought claims against a Chinese bank, BOC, for payment under two refund guarantees governed by English law.
The English Commercial Court has confirmed that, when assessing damages for breach of contract, credit must be given for any monetary benefit, whether chosen or not, which a claimant has received, or will receive, as a result of taking reasonable steps to mitigate its loss.
Confirmation that an English law and jurisdiction clause in a bill of lading was exclusive.
This article highlights the main changes that may be of particular interest to owners, charterers (in particular bareboat charterers) and other interested parties whose ships may call at ports in China.
From 6 April 2015, capital gains tax will be extended to non-UK residents selling UK residential property.
New arbitration rules for China download
Including special provisions for the Hong Kong arbitration centre.
The Singapore International Commercial Court (SICC) was launched as a division of the High Court of Singapore to hear and try high-value, complex, cross-border commercial cases.
An owner should terminate the charter in circumstances where it can show the defaults are sufficiently serious to deprive it of the benefit of the charter.
A recent Commercial Court decision considered the position when a contract provides for the law of one jurisdiction to be applicable, but for the arbitration to take place outside that jurisdiction.
The facts of the underlying dispute in Compania Sud Americana de Vapores A v Hin-Pro International Logistics are less interesting than the Court’s findings...
The Nairobi Convention will come into force in April. It provides a strict liability regime for the removal of hazardous wrecks in Exclusive Economic Zones.
Last year, the P5+1 reached an agreement with Iran to suspend certain EU and US sanctions against Iran in return for a curb on Iran’s nuclear programme.
Shipping E-Brief — more pitfalls for owners looking to terminate for unpaid hire; Hong Kong ship arrest; and more download
The Shipping E-Brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areas.
Scrapping and recycling: Basel or Hong Kong? Which applies, why is it important and what issues do you need to be aware of? download
The legal matrix applicable to the scrapping and recycling of drilling units and vessels has never been more significant.
On 1 August 2014, the ‘Provisional Measures on the Collection of Tax on Non-Resident Taxpayers Engaged in International Transportation Business’ came into force.
This article provides a brief note on the matter and the issues involved and provides some preliminary comments from a risk management perspective.
Vessel arrest in Hong Kong — a means to enforce a maritime arbitration award via the backdoor? download
In a potentially very significant judgment last month, the Hong Kong High Court upheld the arrest of a vessel despite the plaintiff already having obtained an arbitration award.