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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.
GAFTA default clause and assessment of damages: Supreme Court hands sellers a golden victory download
The Supreme Court has recently ruled that the buyers under a sale contract on GAFTA 49 terms could only recover nominal damages for the sellers’ wrongful cancellation of the contract.
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.
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.
Affected parties must think about who will be the ’operator’ for the purposes of the new European regulations.
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.
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.
The High Court has ruled on the importance of compliance with formal notice provisions in a contract when serving termination notices.
Contracts are often amended prior to or during performance. If they contain a liquidated damages clause, it should not be overlooked.
New arbitration rules for China download
Including special provisions for the Hong Kong arbitration centre.
The Singapore International Commercial Court (SICC) was launched as a division of the High Court of Singapore to hear and try high-value, complex, cross-border commercial cases.
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.
Advisers need appreciation of the underlying issues to best advise clients faced with often difficult decisions.
Obligation on the seller to obtain export licences and the standard-form GAFTA prohibition clause download
Public Company Rise v. Nibulon S.A.  EWHC 684 (Comm) was an appeal from a GAFTA Appeal Board that concerned the relationship between the obligation on the seller to obtain export licences and the standard-form GAFTA prohibition clause.
Biggest changes to British commercial insurance law for at least 100 years.