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A carrier, whose containers had been detained for a long time and seemed to be unlikely to be returned, was found not to have the right to daily liquidated damages for an open-ended period.
The orthodox view is that damages are limited to losses suffered during the overrun period only. Similar issues were explored in a recent judgment from the Commercial Court in the Great Creation.
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.
Where cargo is loaded into a carrier’s containers that are subsequently loaded onto the vessel it is unrealistic to treat this as anything other than a single loading process.
When a contract does not reflect the intention of the parties equitable relief can be sought from the court for the contract to be rectified. It is rarely granted, but in this case it was.
A useful reminder of the principles applied to calculate damages under English law.
An English court has upheld an anti-suit injunction preventing a party from pursuing direct rights of action against a P&I Club in Turkey.
Commercial court judge has declined to follow Flaux J’s decision in The Astra over payment of hire.
In this case the vessel owners failed to provide the charterers with all documents in support of their demurrage claim within the 90-day time period.
The Court of Appeal has confirmed the meaning of the expression “in-transit loss” in a voyage charter party in the Trafigura Beheer case.
A recent Commercial Court decision considered the position when a contract provides for the law of one jurisdiction to be applicable, but for the arbitration to take place outside that jurisdiction.
This update gives an overview of the various sanctions that have been implemented by the EU authorities over the last 12 months following the events that took place in Ukraine during 2014.
The facts of the underlying dispute in Compania Sud Americana de Vapores A v Hin-Pro International Logistics are less interesting than the Court’s findings...
December 2014 saw the first three convictions in the Sustainable Growth Group case, involving the fraudulent selling and promotion of investment products based on green biofuel.
Who pays the Suez Canal fees? download
HBC Hamburg Bulk Carriers v Huyton was an appeal from an arbitration award on a point of construction in relation to the wording of an addendum to a charterparty.
The Nairobi Convention will come into force in April. It provides a strict liability regime for the removal of hazardous wrecks in Exclusive Economic Zones.
Lorand Shipping Ltd v Davof Trading (Africa) BV (Ocean Glory) is a rare example of a successful challenge to an arbitration award on the ground of serious irregularity under Section 68 of the Arbitration Act 1996.
If a vessel’s hull is fouled during a charter and there is no opportunity to clean it before delivery under the follow-on charter to the same charterer, is the owner liable for the underperformance during the second charter?