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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.
GAFTA default clause and assessment of damages: Supreme Court hands sellers a golden victory download
The Supreme Court has recently ruled that the buyers under a sale contract on GAFTA 49 terms could only recover nominal damages for the sellers’ wrongful cancellation of the contract.
A Dutch ship operating company, SBV, brought claims against a Chinese bank, BOC, for payment under two refund guarantees governed by English law.
A tripartite agreement reached between the owners, the shippers and the receivers provided that demurrage be paid to the owners in the event that the owners were found not liable for cargo contamination by an arbitration tribunal.
The Commercial Court has considered a preliminary issue of contractual interpretation and ruled emphatically.
B Atlantic provides a good example of the courts’ approach to construing exclusions (with perhaps surprising outcomes) and in assessing whether a foreign court has acted perversely or by reason of political interference.
The ECJ has confirmed that the Brussels Regulation does not prevent a EU member state court from recognising and enforcing an anti-suit injunction granted by arbitrators.
Court of Appeal reverses 20-year service life warranty decision following the Robin Rigg grouting failures download
MT Højgaard is not responsible for the cost of remedial work to the grouted connections of the foundations at the Robin Rigg offshorewind farm, overturning last year’s first instance decision.
Affected parties must think about who will be the ’operator’ for the purposes of the new European regulations.
English law is a popular and a practical option for newbuild contracts but even if German law is not agreed, some of its provisions may still apply.
The Court of Appeal has established a ‘bright line rule’ that an assured who tells a lie will forfeit the claim.
In The Astra, Mr Justice Popplewell has concluded that payment of hire by the charterers was not a condition of the charterparty.
The High Court has ruled on the importance of compliance with formal notice provisions in a contract when serving termination notices.
Contracts are often amended prior to or during performance. If they contain a liquidated damages clause, it should not be overlooked.
The case between two Swiss companies for the sale and purchase of oil products ends after seller fails to file defence.
From 6 April 2015, capital gains tax will be extended to non-UK residents selling UK residential property.
The offshore wind industry has taken inspiration from the more mature offshore oil and gas industry.
This article gives an overview of the various sanctions imposed on Russia/Crimea over the last 12 months that are likely to impact the energy industry and projects involving these regions.
A carrier, whose containers had been detained for a long time and seemed to be unlikely to be returned, was found not to have the right to daily liquidated damages for an open-ended period.