In its recent judgment in Fortis Bank and Stemcor UK Limited v Indian Overseas Bank (25 September 2009) the Commercial Court provided guidance on the interpretation of provisions in the new UCP 600.

The Supreme Court confirms there needs to be a direct and casual link between the loss caused by the wrongdoer and any benefit obtained by the injured party.

The marine aspects of the Sulphur Directive (the "Directive") have been implemented into English law with effect from 20 April 2010, through the Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010.

Was there a reinsurance contract in place and, if there was, can the reinsurer deny the claim for non-payment of premium?

The recent eruption of the Eyjafjallajokull volcano has provided a useful reminder of the continued reliance of international trade on the ability to send original documents around the world by courier.

The shipping market has been particularly badly hit by the economic downturn which in turn has affected the ports and terminals sector. Contractors and sub-contractors were already suffering from losses on fixed price contracts on which they were exposed to escalation in the costs of new materials.

The recent English High Court decision in Habas Sinai Ve Tibbi Gazlar Isthisal Endustri AS v Sometal Sal (18 January 2010) reviewed the principles to be applied under English law to determine whether an arbitration clause is incorporated into a sale contract.

In its recent decision in Trafigura Beheer BV v Yieh Phui (China) Technomaterial Co Ltd & anor (24 July 2009) the Commercial Court considered the issue of incorporation of general terms and conditions into commodities contracts and the significance in this context of previous contracts between parties.

The Disclosure Review Working Group's latest survey reveals that while PD57AD represents an improvement over CPR Part 31 in certain areas, the majority of legal practitioners believe the disclosure regime still requires meaningful reform. With 64% of respondents disagreeing that the reforms have succeeded and 67% reporting increased costs, the findings highlight persistent concerns about front-loaded expenses and the complexity of the Disclosure Review Document process.

Historically, ports provided traditional stevedoring and intermodal cargo-handling services to their customers whereby they loaded and unloaded ship cargo, transferred the cargo to any onward mode of transport and, perhaps, stored the cargo waiting for collection for onwards transport.

Justice Rares of the Australian Federal Court recently handed down a landmark judgment concerning limitation of liability.

The recent history of Somalia is more complex than that of most countries, involving three distinct regions, a multi-clan indigenous population, and almost twenty years of turbulence resulting from an absent or ineffective central government.

In a somewhat surprising development but one that will be warmly welcomed by the international arbitration community, the Advocate General of the Court of Justice of the European Union (AG)...

Given the current economic climate, competition authorities are expecting a possible increase in the use of the 'failing firm' defence.

The first reported judgment considering whether insurers are liable to pay damages for late payment of an indemnity was handed down recently.

23 September 2009 marks the opening for signature of the Rotterdam Rules, the latest attempt at harmonisation and unification of the current patchwork of cargo regimes encompassed predominantly in the Hague/Hague-Visby and Hamburg Rules.

The UK has introduced a new designation regime under the National Security Act 2023, creating criminal offences for supporting designated bodies involved in foreign power threat activity. Commercial organizations must now screen against these non-sanctions designations, which carry penalties of up to 14 years' imprisonment and unlimited fines, as the designated entities will not appear on the UK Sanctions List.

As a result of increasing international cooperation on anti-bribery issues and a general acceptance that legislation relating to the issue in the UK is outdated, the UK has recently seen the passage of the Bribery Act 2010 ("the Act"), which partially came into force on 8 April 2010.

In its recent decision in Soufflet Negoce v Bunge S.A. (13 October 2009), the Commercial Court considered the meaning of the "readiness to load" requirement in Clause 6 of GAFTA Form No. 49.

Obtaining security for claims is very important, particularly in the current climate. Having a good claim but no ability to enforce that claim is no help to any litigant.