ArticleMortgage Enforcement: HK Court Sale UpdateThe current difficulties in the shipping markets have re-focussed attention on mortgage enforcement.Hong KongTransportInce & Co
ArticleImproper Interference With A Witness?Litigants and their legal representatives should tread carefully when seeking to balance the competing interests of free access to witnesses on the one hand and the legitimate concerns of confidentiality and privilege on the other.United KingdomInsuranceInce & Co
ArticleBuyer Entitled To Refund Of Advance Payments Under Shipbuilding Contract: Seller’s Claim Time-BarredIn this shipbuilding contract dispute, the Commercial Court judge, Mr Justice Steel, reinforced that "it is vital from the buyer’s viewpoint to ensure that the contract incorporates a mechanism by which his advances can be recovered simply and quickly should the builder default on the performance of his obligations". United KingdomTransportInce & Co
ArticleAcceleration Without Due Care May Lead To A Bumpy RideA recent South African decision serves as a valuable reminder of the care that should be taken when exercising a right of acceleration.United KingdomFinance and BankingInce & Co
ArticlePublicly Listed Companies And Arbitration: Can The Parties Really Expect Confidentiality?Confidentiality is one of the hallmarks of arbitration. The desire to maintain the confidentiality of information which is commercially sensitive is a compelling reason for parties to turn to arbitration, and not the courts, to resolve disputes. United KingdomLitigation, Mediation & ArbitrationInce & Co
ArticleThe New Lloyd’s Open Form 2011A new edition of the Lloyd’s Standard Form of Salvage Agreement, better known as the Lloyds Open Form ("LOF"), has recently been published. It will be known as LOF 2011. United KingdomLitigation, Mediation & ArbitrationInce & Co
ArticleArbitration Tribunal Decides Deadfreight And Despatch ClaimsThe disputes in this arbitration related to claims for deadfreight and despatch under a voyage charterparty for the carriage of iron ore. United KingdomTransportInce & Co
ArticleCan A LNG Cargo Be Injurious To The Vessel?The Court was asked to consider the meaning of the words "injurious to the Vessel" in a time charter provision that was in the terms of clause 28 of the standard Shelltime form.United KingdomTransportInce & Co
ArticleCourt Lifts Anti-Suit Injunction Against Unpaid Bunker Suppliers Proceeding In The USIn recent years, the English courts have been more reluctant to issue anti-suit injunctions preventing a party from bringing or pursuing foreign court proceedings.United KingdomTransportInce & Co
ArticleExtending Time For Performance? Consider The Markets!This was a dispute arising out of a contract of affreightment. The Court awarded the Owners damages for breach of the COA. United KingdomTransportInce & Co
ArticlePrior Course Of Dealing Between Parties To Fleet Agreement Did Not Mean They Had Agreed To ArbitrateA discussion on a recent case where the Commercial Court considered the circumstances in which a term may be implied into a contract as a result of a course of dealing between the parties.United KingdomTransportInce & Co
ArticleUnpaid Bunker Suppliers Free To Pursue Their Maritime Lien Against Owners In The USUnder English conflict of laws rules, recognition of a right to enforce a maritime lien is a matter to be determined by the lex fori (the law of the place where the action is heard). United KingdomTransportInce & Co
ArticleRadiation Risk In Japan: Continued Concern Leads To Precautionary Measures In The Shipping IndustryIn the aftermath of the Japanese tsunami and the resultant damage to the Fukushima nuclear power station, international concern continues in respect of the potential implications for vessels trading to Japanese ports, including for the health and safety of their crew. United KingdomTransportInce & Co
ArticleEU Sanctions Against Iran: An UpdateThe 1 July 2012 deadline for performing contracts relating to Iranian crude oil and petroleum products has now passed.United KingdomInternational LawInce & Co
ArticleUK Tenant Default and InsolvencyGiven the current economic climate, we briefly examine here some issues in relation to tenant default and insolvency.United KingdomReal Estate and ConstructionInce & Co
ArticleProperty Transactions In France: Effects Of The Global Economic DownturnAlthough the French property market has suffered less from the economic downturn than that in other European countries, there has been a noticeable drop in property transactions over the past two years.FranceReal Estate and ConstructionInce & Co
ArticleThe Revised Athens Convention: Strict Liability And Higher Limits Of Liability For Passenger ClaimsThe 1974 Athens Convention and its successor, the 2002 Protocol, regulate the liability of carriers and their insurers for passenger and luggage claims.European UnionTransportInce & Co
ArticlePrinciple Or Politics? The Price Of Privileged Communications And Who Is A "Legal Advisor" For The Purpose Of Legal Advice Privilege?In 2004, PricewaterhouseCoopers devised and marketed a tax avoidance scheme, which was adapted for the benefit of certain overseas companies in the Prudential group of companies.United KingdomInsuranceInce & Co
ArticleInternational Sanctions Against LibyaFurther to our recent updates on international sanctions against Iran and the Ivory Coast, we provide below an update on the latest sanctions introduced in response to the current situation in Libya. United KingdomInternational LawInce & Co
ArticleEstablishing Contractual Terms Where There Is No Signed ContractTryggingarfelagio Foroyar P/F v CPT Empresas Marítimas SA (‘M/V Athena’) [2011] EWHC 589 (Admlty)United KingdomTransportInce & Co