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43 articles matched your search
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Court of Appeal clarifies time for determining whether breach of contract repudiatory weblink
A Court of Appeal judgment illustrates the difficulty faced by an innocent party in deciding whether and when its counterparty’s breach becomes sufficiently serious as to entitle it to terminate the contract and claim damages.
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Enforceability of English arbitration agreements and a cautionary tale on safe registration in China weblink
Decision in the case Beijing Jianlong Heavy Industry Group v Golden Ocean Group Ltd and others [2013] EWHC 1063 (Comm).
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Fortune Plum: Commercial Court confirms owners’ affirmation of charterparty does not prevent later acceptance of continuing renunciatory breach weblink
Case highlights the difficulties faced by a ship owner in deciding whether his charterer has evinced an intention not to perform the charterparty.
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Revised MARPOL Annex V: an update weblink
At the 65th session of the MEPC, one of the items on the agenda was the revised MARPOL Annex V, which came into force on 1 January this year.
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Good faith obligations in contract: are the English courts going soft? weblink
Traditionally, English law does not recognise a general duty of good faith applicable to contracts (with certain limited exceptions, such as insurance contracts).
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Yong Jin: on the importance of back-to-back indemnities weblink
A recent judgment highlights the importance of obtaining any indemnities/guarantees on a back-to-back basis throughout the charterparty chain.
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The Maritime Labour Convention (MLC) and the offshore wind farm industry weblink
The Maritime Labour Convention (MLC) will enter into force internationally on 20 August 2013.
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Legal update: international trade and commodities — April 2013 weblink
Ince & Co has published the April 2013 edition of its International Trade and Commodities Legal Update.
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The Astra: single hire default entitles owners to withdraw and claim loss of profit for remaining charter period weblink
A Commercial Court judge has decided that a failure to pay hire under an NYPE charterparty amounts to a breach of condition, entitling a ship-owner to terminate and seek damages.
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Does a vessel arrested for a claim under a sale contract remain on hire? weblink
Time charterer Cargill withheld hire from disponent owners NYK pursuant to a period off-hire clause in a time trip charter on amended NYPE terms.
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Court of Appeal confirms ship-owners’ rights to intercept freight weblink
The Court of Appeal has upheld the Commercial Court decision that a ship-owner is entitled to redirect the payment of freight due under bills of lading and separately rely on a charterparty lien on sub-freights.
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Prior course of dealing between parties did not mean they had agreed to arbitrate weblink
The Commercial Court has considered the circumstances in which a term may be implied into a contract as a result of a course of dealing between parties.
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MARPOL Annex V: new amendments relating to disposal of cargo residues weblink
This article is intended to address some of the concerns relating to the amendments to MARPOL Annex V.
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The Griffon: the deposit or compensation? weblink
Griffon Shipping LLC v Firodi Shipping Ltd (the Griffon) [2013] EWHC 593 (Comm).
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Airport premises — traps for the unwary weblink
Taking a tenancy of airport real estate may at first appear little different to leasing any other type of commercial property. However, the operational requirements of a company wishing to take space at an airport need to be thought through carefully.
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The relevance of market expert evidence in determining whether a deal has been done weblink
Court considerations during Proton Energy Group SA v Public Company Orlen Lietuva [2013] EWHC (Comm).
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Practice areas: shipping — James Rose (Ince & Co) weblink
Shipping law covers a broad range of practice areas, which include both contentious and non-contentious matters.
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Trainee profile: Lauras Rambinas (Ince & Co) weblink
“I went to university abroad and having graduated with a Master of Laws degree, I was able to teach law at two local universities. I soon realised I did not want to pursue an academic career.”...
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Insurance e-brief — March 2013 weblink
Ince & Co has released its insurance e-brief for March 2013.
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Supreme Court confirms legal advice privilege extends only to legal profession weblink
The Supreme Court has confirmed that legal advice privilege extends only to the legal profession.
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