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  • Article

    Employer’s Liability – Everything In Proportion?

    Employer’s liability claims, particularly those concerning mesothelioma caused as a result of exposure to asbestos.
    GuernseyInsurance
    Ince & Co
    Ince & Co
  • Article

    The Continuing Effect Of A Negligent Pre-Contractual Misrepresentation

    Cramaso LLP (Appellant) v. Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) [2014] UKSC 9
    United KingdomCorporate/Commercial Law
    Ince & Co
    Ince & Co
  • Article

    Unprofitable Contracts In A Volatile Market – Is There Any Escape?

    In June 2014, Brent Crude Oil was trading at prices of around US$115 per barrel, with average prices having remained in triple digits for most of the preceding three years.
    United KingdomFinance and Banking
    Ince & Co
    Ince & Co
  • Article

    Construing Exclusion Clauses: Do They Cover A Deliberate Repudiatory Breach Of Contract?

    Where a contract becomes unworkable or unprofitable because economic or other conditions have changed, one or other party may not fulfil some of its obligations under the contract or may even try to walk away from the contract entirely.
    United KingdomInternational Law
    Ince & Co
    Ince & Co
  • Article

    EU Sanctions Developments in Libya and Syria

    We write further to our sanctions updates and specifically our update on Libyan sanctions of 24 August 2011. In light of the developing situation in Libya, as of 2 September 2011 the Council of the European Union has significantly eased the sanctions in place against Libya by lifting its asset freeze on 28 Libyan entities.
    United KingdomInternational Law
    Ince & Co
    Ince & Co
  • Article

    Can You Apply For A Freezing Injunction When The Claim Is Subject To FOSFA Arbitration?

    In the recent case of B v S, the court considered the nature and effect of Scott v Avery clauses, which provide that an arbitration award is a condition precedent to the right to bring any court action.
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    An Overview of the 1952 and 1999 Arrest Conventions

    The 1999 Arrest Convention came into force on 14 September 2011, having finally been ratified by the requisite ten countries.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Incorporation Of Charterparty Clause Into Bill Of Lading: Arbitration Or Court Jurisdiction?

    In this case, the bill of lading incorporated the "law and arbitration clause" (our emphasis) of a charterparty identified in the bill of lading.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Piracy - Armed Guards Revisited And General Overview

    The recent announcement by the UK Government that weapons will be allowed on UK-flagged vessels is not perhaps as revolutionary as it might first appear. Under the relevant firearms legislation, shot guns and single shot rifles were already permitted, subject to the appropriate certification having been obtained.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Protecting Time In Claims Under The NYPE Inter-Club Agreement

    The new Inter-Club Agreement 2011 came into effect on 1 September 2011. The dispute in this case required the court to consider the interplay between the previous version, ICA 1996, and an amended Centrocon arbitration clause, where both were incorporated into the time charterparty and where they potentially conflicted.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    "Rome Revisited" - Further Thoughts on Choice of Law

    The English Courts have recently considered the question of the applicable law and jurisdiction under a contract where no express choice of law and jurisdiction is stated.
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    Commercial Court Construes Oil Major Approval Provision In Time Charter Party

    In this case, the arbitrator and subsequently the Commercial Court judge had to construe what the judge described as a "lengthy and somewhat opaque" provision in a time charter relating to oil major approvals.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Court Of Appeal Gives Effect To Market Practice – Guarantees Given In Email Negotiations

    For a guarantee to be enforceable, the Statute of Frauds 1677 requires it (or a note or memorandum of it) to be in writing and signed by the guarantor or by a person authorised on his behalf.
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    Court Construes In-transit Loss Clause In Voyage Charterparty

    The Commercial Court has recently considered the meaning of the expression "in-transit loss" in a voyage charterparty.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Piracy - A Review Of 2009

    The IMB’s report on the piracy incidents of 2009 reveals, in hard figures, the significant level of activity off Somalia over the past 12 months.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Piercing The Corporate Veil And Chabra Injunctions -Clarification From The English High Court

    In this case, the Commercial Court (Flaux J.) has reviewed and examined the relevant English legal principles with regard to piercing the corporate veil, as well as the specific set of circumstances in which a Chabra injunction may be obtained.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Who Bears The Burden Of Proving The Cause Of Cargo Damage?

    Where goods are shown to have been loaded in good condition and discharged in damaged condition, it is well established that it is for the carrier to establish that the loss was sustained through a cause for which it is not responsible.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Koehler - New York Court Confirms The Availability Of A Powerful Remedy For Judgment Creditors

    The New York Court of Appeals held on 4 June 2009 by a close 4-3 majority that courts in New York have the power to order banks to turn over assets held on behalf of their customers – including those held outside of New York – to creditors with court judgments or arbitration awards converted into judgments.
    United StatesLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    Arbitration Appeal? Don't Delay

    Appeals to the English court from an arbitration award must be brought within 28 days of the date of the award.
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    Recent Chinese Tax Changes Affecting The Shipping Industry

    On 1 August 2014, the "Provisional Measures on the Collection of Tax on Non-Resident Taxpayers Engaged in International Transportation Business" came into force.
    United KingdomTransport
    Ince & Co
    Ince & Co

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