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149 articles matched your search
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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.
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.
Advisers need appreciation of the underlying issues to best advise clients faced with often difficult decisions.
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.
An English court has upheld an anti-suit injunction preventing a party from pursuing direct rights of action against a P&I Club in Turkey.
Commercial court judge has declined to follow Flaux J’s decision in The Astra over payment of hire.
In this case the vessel owners failed to provide the charterers with all documents in support of their demurrage claim within the 90-day time period.
The Court of Appeal has confirmed the meaning of the expression “in-transit loss” in a voyage charter party in the Trafigura Beheer case.
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...
Who pays the Suez Canal fees? download
HBC Hamburg Bulk Carriers v Huyton was an appeal from an arbitration award on a point of construction in relation to the wording of an addendum to a charterparty.
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.
If a vessel’s hull is fouled during a charter and there is no opportunity to clean it before delivery under the follow-on charter to the same charterer, is the owner liable for the underperformance during the second charter?
Flagging the floating turbine unit download
This article explores the concept of a ‘ship’ under various international maritime conventions and the possibility of treating the floating turbine unit as a ‘ship’ for the purposes of obtaining a ship mortgage.
Ince lawyers in China, France, Germany, Greece, Hong Kong, Monaco, Singapore, the UAE and the UK among those listed as specialists.
Ince & Co has advised Bahri on the transfer of 20 tanker vessels from Vela as part of the largest merger in the history of Saudi Arabia.