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The commercial understanding of the phrases ‘as is’ or ‘as is where is’ has always been that a buyer must take a yacht in the condition in which she is found at the time defined in the contract.
Yacht brokers – or anyone else keen to know when a broker will or will not be due a commission – should read on…...
The Court of Appeal has established a ‘bright line rule’ that an assured who tells a lie will forfeit the claim.
Ince & Co Greater China expands services with two new appointments in HK and Beijing.
A time-limited offer was not previously capable of being a valid Part 36 offer. This has now changed.
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.
The reasons given for contract terminations are many and varied, but in each case the fundamental motivation is generally the same.
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.
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 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.
The orthodox view is that damages are limited to losses suffered during the overrun period only. Similar issues were explored in a recent judgment from the Commercial Court in the Great Creation.
Obligation on the seller to obtain export licences and the standard-form GAFTA prohibition clause download
Public Company Rise v. Nibulon S.A.  EWHC 684 (Comm) was an appeal from a GAFTA Appeal Board that concerned the relationship between the obligation on the seller to obtain export licences and the standard-form GAFTA prohibition clause.
Where cargo is loaded into a carrier’s containers that are subsequently loaded onto the vessel it is unrealistic to treat this as anything other than a single loading process.
When a contract does not reflect the intention of the parties equitable relief can be sought from the court for the contract to be rectified. It is rarely granted, but in this case it was.
A useful reminder of the principles applied to calculate damages under English law.