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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.
The ICC’s Mediation Rules are intended to facilitate the amicable settlement of disputes with the aid of a neutral third party.
The Jackson Reforms: update download
The Jackson Reforms refer to the wide-ranging changes to the civil litigation procedure brought into the Civil Procedure Rules in April 2013.
A failure to pay hire has been accorded the status of a breach of condition, entitling an owner to terminate the charter and claim damages for loss of future earnings.
The Commercial Court has ruled that damages for non-acceptance of goods represent the seller’s ‘loss of bargain’ with the buyer, rather than any loss of profit.
The UK Supreme Court has recently ruled in the case of Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland).
Bribery Act update download
Serious Fraud Office director David Green QC has proposed a number of changes to the UK Bribery Act.
Bareboat tax download
On 5 December 2013, chancellor of the exchequer George Osborne stated that the government would ‘end the abuse of… offshore oil and gas contracting’.
English Commercial Court enforces obligation to resolve disputes by friendly discussion prior to arbitration download
Multi-tiered dispute resolution clauses whereby parties are required to mediate prior to arbitration or litigation have been common currency for some time.
High-frequency trading download
High-frequency trading is the trade of securities (such as stocks) in a matter of microseconds.
This award is the latest of a number of court decisions and LMAA arbitration awards dealing with issues that frequently arise in time charterparty underperformance disputes.
The Provisions on the Administration of Foreign Exchange for Cross-Border Security replace 12 existing regulations providing for cross-border security.
Ince & Co discusses five pitfalls where a lack of awareness and appropriate precaution can lead to significant damage to the company.
This article provides an update on how the Jackson Reforms have affected the litigation of commercial disputes in the English courts in the past 15 months.
Aviation: safety in the balance? download
The UK Court of Appeal has upheld an earlier High Court decision allowing reports produced by the Air Accidents Investigation Branch to be submitted in evidence.
For the first time in 15 years, the London Court of International Arbitration (LCIA) is overhauling its rules for arbitration.
The continuing effect of a negligent pre-contractual misrepresentation — Cramaso v Ogilvie-Grant, Earl of Seafield and Others download
A party can be liable for a pre-contractual misrepresentation, even though the representation was first made to a party other than the ultimate contracting party.
Ince & Co provides an overview of the contractual issues that may arise should matters escalate in Ukraine.