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118 articles matched your search
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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.
Claimants with contractual claims against a Korean ship operator can go through London courts.
A Dutch ship operating company, SBV, brought claims against a Chinese bank, BOC, for payment under two refund guarantees governed by English law.
The Admiralty Court has reaffirmed the test for deciding whether to grant a time extension.
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 recently ruled on preliminary issues in a cargo claim. The Court held that the ultimate buyer at the bottom of the chain of contracts had obtained good title to the cargo as a good faith purchaser for value.
Contracts often give you free rein to take a decision about something. Braganza looks again at how you decide what is reasonable. The ruling of the Supreme Court indicates a tougher attitude.
The English Commercial Court has confirmed that, when assessing damages for breach of contract, credit must be given for any monetary benefit, whether chosen or not, which a claimant has received, or will receive, as a result of taking reasonable steps to mitigate its loss.
Confirmation that an English law and jurisdiction clause in a bill of lading was exclusive.
The Commercial Court has considered a preliminary issue of contractual interpretation and ruled emphatically.
Do they survive re-nomination of load port? A recent court ruling examined.
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 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…...
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.
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.