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Damages for breach of terms as to quality — does the Sale of Goods Act limit such damages to depreciation in value? download
This sale contract dispute provides a useful refresher with regard to the proper application of the provisions of sections 53 and 54 of the Sale of Goods Act 1979.
On 1 August 2014, the ‘Provisional Measures on the Collection of Tax on Non-Resident Taxpayers Engaged in International Transportation Business’ came into force.
This article provides a brief note on the matter and the issues involved and provides some preliminary comments from a risk management perspective.
The Ebola outbreak in West Africa has seen a number of advisories from P&I Clubs and industry bodies.
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.
Double trouble for D&O insurers as the UK regulators extend the limitation period applicable to disciplinary investigations download
Recent legislative changes in the UK are likely to raise concerns for D&O insurers and their insureds.
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.
Ship operators trading to Ukraine now face a potential problem of falling foul of international/European law on the one hand and Ukrainian law on the other.
Iran Sanctions Update — July 2014 download
At the end of November 2013, the P5+1 reached an agreement with Iran to suspend certain EU and US sanctions against Iran in return for a curb on Iran’s nuclear programme.
In Germany, new rules specifically designed to regulate the limits of working hours in the offshore industry came into effect on 1 August 2013.
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.
Knock-for-knock liability in the offshore wind farm sector: why is it important and what issues do you need to be aware of? download
This article explores the knock-for-knock regime, highlights the key advantages of it and looks at some issues that parties should be aware of when drafting their contracts.
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.