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Court of Appeal considers whether dishonouring LC bank has title to sue under indorsed bill of lading download
The Court of Appeal has given judgment in a case that has implications for all traders who rely on letters of credit for payment security in their sale and purchase transactions.
A recent decision from the Commercial Court provides useful guidance on the construction of clause 8 of the popular GAFTA 49 form.
The case of Swallowfalls v Monaco Yachting concerned the construction of a yacht that was to be paid for by instalments upon the achievement of particular construction milestones.
The English courts can have a critical role to play in support of foreign proceedings. The ability to obtain interim relief is an important strategic tool, which can be decisive.
Financial obligations under contract and repudiatory breach: in what circumstances do grounds for termination arise? download
It is only a repudiatory breach that entitles that innocent party (if he elects to do so) to treat himself as discharged from further liability under the contract.
When an event occurs that significantly affects the performance of a contract but is beyond the control of the parties, how is the risk allocated between the parties?
The recent case of Michael Hirtenstein and Il Sole Ltd v Hill Dickinson LLP has shed some doubt on the Union Power decision.
A new weapon in the government’s armoury in the international fight against corruption in the oil and gas industry was unveiled last month.
In the context of engineering and construction contracts, the contractor’s warranties as to the standard and quality of the works will be a key item for negotiation.
The Privy Council has confirmed that an injunction restraining a bank from paying under a letter of credit on the basis of fraud will only be justified in extraordinary circumstances.
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.
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’.
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.
The ICC’s Mediation Rules are intended to facilitate the amicable settlement of disputes with the aid of a neutral third party.