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  • Article

    The Relevance Of Market Expert Evidence In Determining Whether A Deal Has Been Done

    In this case, in the context of an application for summary judgment, the Commercial Court considered whether or not there was a real issue to be tried as to whether a binding contract had been concluded between the parties, based on a review of their negotiations.
    United KingdomEnergy and Natural Resources
    Ince & Co
    Ince & Co
  • Article

    Proper And Businesslike Settlements And The Thai Floods

    Tesco had purchased property damage and business interruption cover with ACE in the form of a master policy with local policies issued in different jurisdictions around the world.
    United KingdomInsurance
    Ince & Co
    Ince & Co
  • Article

    Dreamliner Fleet Grounding: The Legal Angles

    The recent temporary grounding of the world’s first all-composite construction airplane, the Boeing 787 Dreamliner, is relatively unusual in that it has affected the worldwide fleet.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Limited Scope For Challenging English Maritime Arbitration Awards

    Primera Maritime Ltd and others v. Jiangsu Heavy Industry Co. Ltd [2013] EWHC 3066 (Comm)
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    The Decurion: Hong Kong Court Rules On Meaning Of "Control" In The Context Of A Ship Arrest

    This case arose out of the common scenario where a supplier delivers bunkers to a "fleet" of ships it believes are under common control and extends credit terms to its customer.
    Hong KongTransport
    Ince & Co
    Ince & Co
  • Article

    Court Construes Meaning Of "Cargo Tanks" In Charterparty

    The Commercial Court has recently considered an appeal from an arbitration award on the issue of whether a reference to "all cargo tanks" in a time charterparty extended to slop tanks.
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    Staying Court Proceedings In Favour Of Arbitration Where The Existence Of The Arbitration Agreement Is Disputed

    The Commercial Court has granted permission to serve an arbitration claim form out of the jurisdiction.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Construing The Strike Exception In An AmWelsh Charterparty (Update)

    The Court of Appeal in this case has decided an appeal in relation to an important question in the context of voyage charterparties, namely whether a strike exception to the running of laytime applies to stop laytime running (i) where the vessel is delayed by the after-effects of a strike which has ended; (ii) where the vessel has arrived after the strike has ended and (iii) where the vessel is delayed in berthing due to congestion that has arisen as a result of the strike.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Collisions And Reserve Ships: Liner Operators Beware!

    The quantification of damages for the loss of use of a ship damaged in collision where her owner maintains and substitutes a reserve ship for his damaged ship came up for determination.
    Hong KongTransport
    Ince & Co
    Ince & Co
  • Article

    Delayed Delivery: The Right To Cancel Shipbuilding Contracts

    A recent decision in the Commercial Court offers helpful guidance to both shipyards and buyers facing and considering possible cancellations of shipbuilding contracts due to delayed delivery.
    United KingdomCorporate/Commercial Law
    Ince & Co
    Ince & Co
  • Article

    Exceptional Circumstances Required To Prevent Bank From Paying Under Letter Of Credit

    The Privy Council has recently confirmed that the English Court will require exceptional circumstances before it will grant an injunction to prevent a bank from paying under a letter of credit.
    United KingdomCorporate/Commercial Law
    Ince & Co
    Ince & Co
  • Article

    Supreme Court Confirms Corporate Veil Cannot Be Pierced To Make A Puppeteer Party To His Puppet’s Contract

    The Supreme Court has unanimously rejected VTB Capital Plc's case that the corporate veil of their contractual counterparty could be pierced so as to render those controlling the counterparty jointly and severally liable under their contract.
    United KingdomCorporate/Commercial Law
    Ince & Co
    Ince & Co
  • Article

    Bribery Act Update: DPAs Come Into Force, Sentencing Guidelines Published – Corporate Prosecutions On The Way?

    In our last Bribery Act update, we outlined how Deferred Prosecution Agreements are expected to work in the UK.
    United KingdomCriminal Law
    Ince & Co
    Ince & Co
  • Article

    The Smart Contracting Bulletin January 2013

    As is" sales of rigs and vessels – sellers (and buyers) beware!
    United KingdomEnergy and Natural Resources
    Ince & Co
    Ince & Co
  • Article

    The Inexorable Rise Of Inducement

    If an assured fails to disclose material facts or makes a material misrepresentation when negotiating an insurance policy, the insurer may avoid that policy "ab initio".
    United KingdomInsurance
    Ince & Co
    Ince & Co
  • Article

    Court Construes "Notices" Provision In GAFTA 64 Contract

    The decision in this case provides helpful guidance on the construction of the "Notices" provision in GAFTA 64 (General Contract for grain in bulk FOB terms).
    United KingdomInternational Law
    Ince & Co
    Ince & Co
  • Article

    Court Sets Aside Arbitration Award For Serious Irregularity

    This case 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 (the "Act").
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    An Update On The IMO’s Proposed Polar Code

    Global warming in recent years has resulted in increased maritime traffic in the Northern Sea Route ("NSR").
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Passing Costs Liability Down A Charterparty Chain

    The judgment in this case deals with the recoverability of the costs of an arbitration as damages in a series of arbitration references, notwithstanding the absence of an arbitration reference for one of the links in the charterparty chain.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    The Chain Of Causation: "One Thing Led To Another"

    In Sealion Shipping Ltd & Anor v Valiant Insurance Company (Toisa Pisces) the insurers denied liability for the insured’s loss of hire claim on various grounds.
    United StatesInsurance
    Ince & Co
    Ince & Co

Showing 141–160 of 323 results

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