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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.
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.
Iran Sanctions Update — July 2014 download
At the end of November 2013, the P5+1 reached an agreement with Iran to suspend certain EU and US sanctions against Iran in return for a curb on Iran’s nuclear programme.
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.
The Dubai International Financial Centre (DIFC) is a separate common law jurisdiction within the UAE.
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.