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71 articles matched your search
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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.
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.
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.
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.
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.
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.
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.
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.
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.
Ince & Co provides an overview of the contractual issues that may arise should matters escalate in Ukraine.
The recent case of Astipalaia v Hanjin Shenzhen  EWHC 120 (Admlty) has revisited the existing case law on assessment of damages following a collision.