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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.
Claimants with contractual claims against a Korean ship operator can go through London courts.
A Dutch ship operating company, SBV, brought claims against a Chinese bank, BOC, for payment under two refund guarantees governed by English law.
The Admiralty Court has reaffirmed the test for deciding whether to grant a time extension.
A tripartite agreement reached between the owners, the shippers and the receivers provided that demurrage be paid to the owners in the event that the owners were found not liable for cargo contamination by an arbitration tribunal.
The Commercial Court has recently ruled on preliminary issues in a cargo claim. The Court held that the ultimate buyer at the bottom of the chain of contracts had obtained good title to the cargo as a good faith purchaser for value.
Contracts often give you free rein to take a decision about something. Braganza looks again at how you decide what is reasonable. The ruling of the Supreme Court indicates a tougher attitude.
The English Commercial Court has confirmed that, when assessing damages for breach of contract, credit must be given for any monetary benefit, whether chosen or not, which a claimant has received, or will receive, as a result of taking reasonable steps to mitigate its loss.
Confirmation that an English law and jurisdiction clause in a bill of lading was exclusive.
The Commercial Court has considered a preliminary issue of contractual interpretation and ruled emphatically.
Do they survive re-nomination of load port? A recent court ruling examined.
B Atlantic provides a good example of the courts’ approach to construing exclusions (with perhaps surprising outcomes) and in assessing whether a foreign court has acted perversely or by reason of political interference.
The ECJ has confirmed that the Brussels Regulation does not prevent a EU member state court from recognising and enforcing an anti-suit injunction granted by arbitrators.
Court of Appeal reverses 20-year service life warranty decision following the Robin Rigg grouting failures download
MT Højgaard is not responsible for the cost of remedial work to the grouted connections of the foundations at the Robin Rigg offshorewind farm, overturning last year’s first instance decision.
Affected parties must think about who will be the ’operator’ for the purposes of the new European regulations.
The commercial understanding of the phrases ‘as is’ or ‘as is where is’ has always been that a buyer must take a yacht in the condition in which she is found at the time defined in the contract.
Yacht brokers – or anyone else keen to know when a broker will or will not be due a commission – should read on…...
English law is a popular and a practical option for newbuild contracts but even if German law is not agreed, some of its provisions may still apply.