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The Commercial Court has recently determined a question of law arising under the Supplytime 1989 charterparty form.
The Smart Contracting bulletin is aimed at professionals in the energy and offshore industry worldwide.
As those readers familiar with the terms of the Standard Coal Trading Agreement (SCoTA) will know, the weighing/sampling/analysis regime set out in clause 9 of the current version of the SCoTA contract (version 8) will, if followed by the parties, produce analysis results which are binding on the parties.
Cargo interests brought a claim under the bills of lading in relation to a heavily rusted cargo of steel pipes. The pipes were in fact rusty on shipment, but the bills of lading contained a standard form RETLA clause (named after the US case, Tokio Marine & Fire Insurance v Retla Shipping), on which the owners sought to rely in order to defeat the claim.
The UK offshore wind energy sector has come a long way since the first offshore wind farm was completed in 2000 at Blyth Harbour in the northeast of England, with just two turbines totalling 4MW.
The UK government announced proposals in its 2012 Budget to introduce new tax charges for high-value residential properties and for properties owned by ‘non-natural persons’.
The objective of this e-brief is to provide short and focused summaries of legal developments of interest to insurance professionals in the UK and elsewhere.
In recent years, the English courts have been more reluctant to issue anti-suit injunctions preventing a party from bringing or pursuing foreign court proceedings, due to the concern that they conflict with the principle of comity between states and interfere with the foreign court’s jurisdiction.
Liability insurers need to be aware of the US Supreme Court’s decision in The Catholic Child Welfare Society and others v Various Claimants and the Institute of the Brothers of the Christian Schools  UKSC 56, which represents a further development in the law of vicarious liability.
The Commercial Court has applied a narrow construction in this case to a laytime exclusion clause in respect of time lost at the load port.
The principal issue in this case was whether a time charterparty was frustrated after the vessel was involved in a collision and the costs of repairing the vessel exceeded her market value.
We set out below an overview of the most significant further restrictions imposed by the EU Council Decision 2012/635 of 15 October 2012 Regulation 1263/2012. These further restrictions apply in conjunction with the pre-existing restrictions, details of which can be found in our previous updates.
A shipyard’s failure to procure a renewal of a refund guarantee (two days before its expiry), was held to be a breach of an implied term of the shipbuilding contract that the shipyard must procure an extension within a reasonable time.
Employment law continues to evolve rapidly and, since our Spring 2012 Employment Law Update, there have been further significant developments, in particular as regards employer pension duties and imminent changes in relation to the employment of seafarers.
Much debate has centred around whether sales of rigs or vessels using or based on the Norwegian Saleform 1987 or 1993 exclude the obligation on the seller to ensure that the vessel is of satisfactory quality and fit for purpose pursuant to the Sale of Goods Act 1979, as amended (SOGA).
Analysis of the Yilport Konteyner Terminali Ve Liman Isletmeleri AS v Buxcliff KG and others case, which underlines the importance of careful drafting in the wording of documents creating obligations, such as letters of undertaking or indemnities.
An analysis of the Minerva Navigation Inc v Oceana Shipping AG (M/V Athena) case, concerning the duties of ship-owners as regards charterers in shipping law.
Ince & Co has released its shipping e-brief for January 2013.
Judge’s decision is an important one for all those who trade on GAFTA terms.
Judgment deals with recoverability of costs of an arbitration as damages in a series of arbitration references.