In a significant case regarding the application of the Cross Border Insolvency Regulations 2006, the English High Court decided it would not intervene to prevent termination of an English law contract for insolvency even though such termination was inoperative or invalid under the foreign law governing the insolvency.

This case involved an appeal from an arbitration award, the issue being whether the owners were precluded from relying on the CONWARTIME 2004 clause to justify their refusal to follow the charterers’ orders to conduct a voyage to Mombasa, Kenya.

was the seller and C the buyer under an FOB Port Harcourt sale of naphtha.

In this article, we examine the recent Hong Kong case, MV Jimrise, and consider what guidance it offers on when the courts in Hong Kong will set aside a ship arrest and order damages for wrongful arrest.

Reforms to the Brussels Regulation (on jurisdiction, recognition and enforcement of judgments in civil and commercial EU matters) apply from 10 January 2015.

In the recent case of "Birnam Ltd v. The Owners of the Ship or Vessel Hong Ming", the Hong Kong Courts set aside a Warrant of Arrest obtained by the Buyers under a sale and purchase agreement.

In the context of cargo claims brought under four bills of lading, the Commercial Court has recently considered whether an arbitration provision in a Club Letter of Undertaking had entirely replaced the arbitration agreement in the bills of lading.

The Court of Appeal has had occasion twice this year to consider the test required to discharge the burden of proof for civil liability.

Increasing regulatory capital requirements have meant that the banks have lost some of their enthusiasm for longevity risk transactions, which contain long-dated obligations.

The UAE has introduced new federal legislation directed towards combating increased cyber criminal activity experienced in the region.

On 1 January 2011, the ICC’s Incoterms 2010 came into force.

On 1 January 2011, the ICC’s Incoterms 2010 come into force. These are the eighth revision of the Incoterm Rules, with the last revision dating back to 2000.

Under the Inter-Club NYPE Agreement 1996, it was possible for a party to a charter, typically a charterer, to delay having to counter secure a ship owner in respect of a cargo claim made under a bill of lading until the cargo claim had been paid by the ship owner.

A cargo of clementines shipped in containers on a liner service from South Africa to the Netherlands arrived five days "late".

The new switch bill incorporated the charterparty arbitration clause.

The Maritime Labour Convention 2006 (MLC) has been in force internationally since August 2013 and, in that time, it has become clear that it has received widespread ratification, that enforcement is a reality, and that ships run the risk of detention if they are not compliant.

The Maritime Labour Convention came into force internationally on 20 August 2013 and, within two weeks of port state control having commenced, the first vessel was detained for non-compliance.

When a contract does not reflect the common intention of the parties, equitable relief can be sought from the Court for the contract to be rectified.

In the latest of a flurry of decisions on piercing the corporate veil, the Commercial Court (Mr Justice Teare) has provided welcome clarification.

On an appeal from an arbitration award, the Commercial Court was asked to consider whether an English arbitral Tribunal is deprived of jurisdiction, by reason of European law, to award damages (and/or an indemnity) for breach of an obligation to arbitrate.