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  • Article

    A Consequential Consequentials Judgment: Russian Aviation Lessor Policy Claims: AerCap Ireland Limited & Others v AIG & Others [2025] EWHC 2529 (Comm)

    Following a trial lasting over three months and a 230-page judgment, Butcher J recently handed down a judgment dealing with consequential matters in the Russian aviation insurance litigation...
    United KingdomTransport
    Quadrant Chambers
    Quadrant Chambers
  • Article

    Abuse Of Process Issue Estoppel Applies Equally Within The Same Arbitral Proceedings. No Second Bites! - Simon Rainey QC

    A claimant seeks a preliminary issue on a question of construction. It states that it accepts that if the point is decided against it...
    United KingdomLitigation, Mediation & Arbitration
    Quadrant Chambers
    Quadrant Chambers
  • Article

    Conditional Anti-suit Injunction Granted Where Existence Of Contract With London Arbitration Clause In Dispute

    A person who brings a claim abroad in flagrant breach of an arbitration or jurisdiction agreement will be subject to an anti-suit injunction almost automatically (The Angelic Grace [1995] 1 Lloyd's Rep 87).
    United KingdomLitigation, Mediation & Arbitration
    Quadrant Chambers
    Quadrant Chambers
  • Article

    The Achilleas - No New Generally Applicable Test

    There has been much speculation as to the effect of 2009 decision of the House of Lords in "The Achilleas" on the proper approach to damages in contract
    United KingdomTransport
    Quadrant Chambers
    Quadrant Chambers
  • Article

    Termination Rights In The Event Of Insolvency: Where Are We Now With Ipso Facto Clauses; Are They Still A Potent Weapon In A Creditor's Armoury

    Long term contracts frequently contain clauses which either terminate the contract automatically or entitle a party to terminate the contract in the event of the other party becoming insolvent; so-called ‘ipso facto' clauses.
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Quadrant Chambers
    Quadrant Chambers
  • Article

    A Game Of Two Halves: Assignment, The Financial Services Compensation Scheme And Title To Sue; Determining Limitation Issues; And Relief From Sanctions

    Football fans who recall the early days of the Premiership may recognise the names of one or more of the five claimants who feature in this case with what the judge described as a "lamentable procedural history" (at [37]).
    United KingdomFinance and Banking
    Quadrant Chambers
    Quadrant Chambers
  • Video

    Unicredit Bank A.G. v Euronav N.V. – Court Of Appeal Judgment In Respect Of Misdelivery Claims Under Bill Of Lading Contracts

    On 4 May the Court of Appeal handed down judgment in a case likely to be of interest to shipowners, cargo interests and financing banks, Unicredit Bank A.G. v Euronav N.V. [2023] EWCA Civ 471.
    United KingdomTransport
    Quadrant Chambers
    Quadrant Chambers
  • Article

    Case Summary: Commercial Court Refuses To Enforce Russian Jurisdiction Clauses In US$ 10 Billion Insurance Claims For Aircraft Stranded In Russia

    In an extensive Judgment of over 200 pages, Mr Justice Henshaw rejected jurisdiction challenges brought by the Defendant international reinsurers on the basis of Russian exclusive jurisdiction clauses (EJCs).
    United StatesInsurance
    Quadrant Chambers
    Quadrant Chambers
  • Video

    Court Of Appeal Considers GAFTA Default Clause And Damages For Non-Acceptance Of Goods (Sharp v Viterra) (Video)

    The Court of Appeal's decision in Sharp Corp Ltd v Viterra BV provides the first appellate-level authority on the quantification of damages under sub-clause (c)...
    United KingdomLitigation, Mediation & Arbitration
    Quadrant Chambers
    Quadrant Chambers
  • Article

    At Last: A Follow-Up To The Preliminary Act

    Updates to CPR Part 61 introduce welcome and overdue reforms to Collision Statements of Case, but leave unaddressed the real bottleneck to the full articulation of the issues in ship collision disputes.
    United KingdomLitigation, Mediation & Arbitration
    Quadrant Chambers
    Quadrant Chambers
  • Article

    Halliburton v Chubb: Is Timing Everything?

    On 27 November 2020, the Supreme Court handed down its highly anticipated judgment in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48
    United KingdomLitigation, Mediation & Arbitration
    Quadrant Chambers
    Quadrant Chambers
  • Article

    The Availability Of Anti-Suit Relief, Despite Delay (Specialised Vessel Services Ltd v MOP Marine Nigeria Ltd)

    The acknowledged starting point when seeking anti-suit injunctive relief is you must act promptly, but is that the whole story?
    United KingdomLitigation, Mediation & Arbitration
    Quadrant Chambers
    Quadrant Chambers
  • Article

    COVID-19: What Are The Implications For Shipping Disputes?

    In this article we consider some of the implications of the Covid-19 pandemic in the shipping context, with a particular focus on force majeure issues.
    United KingdomCoronavirus (COVID-19)
    Quadrant Chambers
    Quadrant Chambers
  • Article

    Commercial Court Upholds Jurisdiction Agreements In Favour Of Ukrainian Courts

    On June 6, 2024, Mr. Justice Henshaw upheld jurisdiction challenges by international reinsurers based on Ukrainian exclusive jurisdiction clauses (EJCs). The court found these EJCs valid and enforceable, rejecting claims of unfair trial conditions due to the ongoing conflict in Ukraine.
    United KingdomInsurance
    Quadrant Chambers
    Quadrant Chambers
  • Video

    Arbitral Appeals Under S.69... "Question Of Law" - No Second Bites (Round 2) - Simon Rainey QC (Video)

    The English statutory regime for appeals against arbitration awards on questions of law under s.69 of the Arbitration Act 1996, as is well known, applies a two stage process:
    United KingdomLitigation, Mediation & Arbitration
    Quadrant Chambers
    Quadrant Chambers
  • Article

    The Date Of Default For Cases Of Anticipatory Repudiatory Breaches Of Contract: Ayhan Sezer V Agroinvest

    In the case of Ayhan Sezer v Agroinvest [2024] EWHC 479 (Comm), HHJ Pearce, sitting as a judge of the High Court in the London Circuit Commercial Court...
    United KingdomInternational Law
    Quadrant Chambers
    Quadrant Chambers
  • Article

    A ‘Triple Crown' Arbitral Challenge In The Professional Indemnity Insurance Context (RSA V Tughans)

    In this recent judgment, Mr Justice Foxton dealt with a ‘Triple Crown' arbitral challenge under sections 67, 68 and 69 of the Arbitration Act 1996 arising out of an arbitration award concerning a solicitors' firm's entitlement to payment from an insurer ...
    United KingdomLitigation, Mediation & Arbitration
    Quadrant Chambers
    Quadrant Chambers
  • Article

    If It Ain't Broke, Don't Fix It? The Law Commission Recommends Only Limited Reform Of The Arbitration Act 1996 - Poonam Melwani KC And Claire Stockford

    Concluding a process that began in March 2021 and included consultation with 100s of stakeholders, the Law Commission has this week (September 2023) issued its final report on its review of the
    United KingdomLitigation, Mediation & Arbitration
    Quadrant Chambers
    Quadrant Chambers
  • Article

    STEMA BARGE II – Who Can Limit As An "Operator" Under The 1976 Limitation Convention?

    The 1976 Limitation Convention, like the 1957 Convention before it, entitles a ship's "operator" to limit its liability in the same way as its registered owner.
    United KingdomTransport
    Quadrant Chambers
    Quadrant Chambers
  • Article

    The Availability Of Damages In Addition To Demurrage

    A voyage charterer fails to discharge a cargo within the time allowed.
    United KingdomTransport
    Quadrant Chambers
    Quadrant Chambers

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