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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.
The decision in Soufflet Negoce SA v Fedcominvest Europe SARL provides helpful guidance on the construction of the ‘Notices’ provision in GAFTA 64.
Mr Justice Field, sitting in the Commercial Court, has had to consider the meaning of the phrase ‘proper and business-like’.
Swallowfalls v Monaco Yachting provides further support for the construction of contracts in the manner most consistent with ‘commercial common sense’.
Berth damage — Terminal Contenitori Porto di Genova SpA v China Shipping Container Lines Ltd download
Instances of vessels making contact with and damaging a berth are fairly common. Disputed claims on liability are much rarer.
The Shipping E-Brief is a quarterly publication providing information on key legal decisions and developments in shipping and related business areas.
In an LMAA charterparty dispute between Sun United and Kasteli, owners’ claims had been secured by money paid into an escrow account in the name of charterers’ solicitors.
Shanghai: Chinese Supreme Court strengthens interpretation on respecting the independence of refund guarantees download
The Chinese Supreme Court in November 2013 circulated a draft judicial interpretation dealing with cases in relation to independent guarantees.
The Dubai International Financial Centre (DIFC) is a separate common law jurisdiction within the UAE.
Implied duty of co-operation in shipbuilding and offshore construction contracts — a change in the law? download
In any construction project, a degree of co-operation will be required between the buyer and the builder to facilitate successful completion of the project.
This note considers what a MAC clause is and when it is used, highlights recent case law and offers some tips for those involved in reviewing or negotiating MAC clauses.
The ICC’s Mediation Rules are intended to facilitate the amicable settlement of disputes with the aid of a neutral third party.
The Jackson Reforms: update download
The Jackson Reforms refer to the wide-ranging changes to the civil litigation procedure brought into the Civil Procedure Rules in April 2013.
A failure to pay hire has been accorded the status of a breach of condition, entitling an owner to terminate the charter and claim damages for loss of future earnings.
The Commercial Court has ruled that damages for non-acceptance of goods represent the seller’s ‘loss of bargain’ with the buyer, rather than any loss of profit.
The UK Supreme Court has recently ruled in the case of Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland).
English Commercial Court enforces obligation to resolve disputes by friendly discussion prior to arbitration download
Multi-tiered dispute resolution clauses whereby parties are required to mediate prior to arbitration or litigation have been common currency for some time.
This award is the latest of a number of court decisions and LMAA arbitration awards dealing with issues that frequently arise in time charterparty underperformance disputes.
This article provides an update on how the Jackson Reforms have affected the litigation of commercial disputes in the English courts in the past 15 months.
Aviation: safety in the balance? download
The UK Court of Appeal has upheld an earlier High Court decision allowing reports produced by the Air Accidents Investigation Branch to be submitted in evidence.