ArticleEU v. IMO: Whose Emissions Legislation Will Prevail?As the EU and IMO emissions regulation legislation looks set to diverge even further, one owner fights back in the European Court of Justice.European UnionTransportInce & Co
ArticleAssessment Of Damages For Breach Of Contract Of AffreightmentIt is a fundamental principle of English law that, when assessing damages for breach of contract, any damages awarded should compensate the innocent party for the loss of its contractual bargain. United KingdomCorporate/Commercial LawInce & Co
ArticleExport Ban: Court Construes FOSFA 201 Prohibition And Default ClausesA discussion on a recent case relating to the FOSFA 201 Prohibition clause in a contract for the supply of crude groundnut oil. United KingdomCorporate/Commercial LawInce & Co
ArticleEmployment Law ReformsThe most radical reform to employment law for decades was announced by the Business Secretary, Vince Cable, on 23 November, following the publication of the Government’s Response to the Consultation on Resolving Workplace Disputes and the Red Tape Challenge Review of employment lawUnited KingdomEmployment and HRInce & Co
ArticleCommercial Court Reviews Law On Breaking The Chain Of Causation, Mitigation And Remoteness Of DamageG sold a cargo of butane to B to be used as feedstock by B in its plastics production plant.United KingdomLitigation, Mediation & ArbitrationInce & Co
ArticleGeneral Words Sufficient to Incorporate Arbitration Clause into Sale ContractThe seller, S, sought to bring a claim against the buyer, H, in London arbitration for alleged repudiatory breach of a sale contract for steel scrap.United KingdomLitigation, Mediation & ArbitrationInce & Co
ArticleHold Cleaning Under Time Charters - Recent London Arbitration AwardWhen a time-chartered vessel's holds fail their inspection at an intended loadport and need further cleaning, a question arises as to who is liable for the shore cleaning time and costs – owners or charterers? United KingdomTransportInce & Co
ArticleLimits To Appealing Arbitration Awards To Court Of AppealUnder the Arbitration Act 1996, there are limited circumstances in which an arbitration award can be appealed to the High Court. United KingdomTransportInce & Co
ArticleMeasure of Damages Recoverable for Anticipatory Repudiatory Breach of Sale ContractG was the buyer and T the seller under a contract dated 6 March 2008 on fob terms for the sale of a cargo of Nigerian Ukpotiki crude oil. United KingdomTransportInce & Co
ArticleShip Arrest Abroad Not In Breach Of Undertaking In Worldwide Freezing OrderThe underlying dispute related to non-payment of hire under an amended NYPE charterparty that eventually led to early termination of the charterparty by the Owners on the grounds of the Charterers' repudiatory breach of charter. United KingdomTransportInce & Co
ArticleThe High Court Clarifies And Updates The Law On RenunciationIn "SK Shipping v Petroexport (The Pro Victor)", the High Court has provided a helpful restatement of the law on what can constitute a renunciation of a contract. United KingdomTransportInce & Co
ArticleShip-Owners Under No Duty In Bailment To Complete The Original Voyage Following Termination Of Time CharterIn this case, the High Court of Hong Kong was asked to determine whether the ship-owners were under any duty in bailment to complete the original voyage and deliver cargo following withdrawal of the vessel by the ship-owners part way through a voyage for non-payment of hire.United KingdomTransportInce & Co
ArticleCourt Of Appeal Confirms Construction Of In-Transit Loss Clause In Voyage CharterpartyThe Court of Appeal has recently confirmed the meaning of the expression "in-transit loss" ("ITL") in a voyage charterparty.United KingdomTransportInce & Co
ArticleAviation - Airport Premises – Traps For The UnwaryTaking a tenancy of airport real estate may at first appear little different to leasing any other type of commercial property.United KingdomTransportInce & Co
ArticleInternational Sanctions Against Iran: An Update On The Latest EU Council DecisionEU foreign ministers agreed at a meeting on Monday 23 January 2012 to impose further sanctions on Iran with a particular focus on Iranian oil. GlobalInternational LawInce & Co
ArticleEnglish Court Clarifies What Law Governs Procedure Applied In Hong Kong ArbitrationA recent Commercial Court decision considered the position when a contract provides for the law of one jurisdiction to be applicable, but for the arbitration to take place outside that jurisdiction. United KingdomCorporate/Commercial LawInce & Co
ArticleCourt Of Appeal Decision on Implied Terms as to Quality In FOB Sale Contract - 'The Mercini Lady'KG Bominflot were the FOB Buyers of a cargo of gas oil from Petroplus. Although the load port inspector found that the "Total sediment" specification was within the contractual limits at the load port, the Buyers were more than a little put out when four days later, following an unremarkable voyage, the cargo failed the sediment test and was rejected by Bominflot’s receivers. United KingdomTransportInce & Co
ArticleNew Interpretation Of The Insurance CodeThe PRC Supreme Court has recently issued the Second Judicial Interpretation of the PRC Insurance Code, which came into force on 8 June 2013.United KingdomInsuranceInce & Co
ArticleCourt Of Appeal Confirms "Final And Binding" Status Of Partial Arbitration AwardsThe Court of Appeal has recently made it clear that arbitration awards are either final and binding or they are not.United KingdomLitigation, Mediation & ArbitrationInce & Co
ArticleCommercial Court Construes One Trip Time CharterInce & Co represented the successful Owners in this dispute arising under a one time charter trip. The majority of the LMAA Tribunal and subsequently the Commercial Court upheld the Owners’ claim for repudiatory breach of the charter and awarded them damages in the amount of hire which would have been earned on the estimated duration of the charterparty.United KingdomTransportInce & Co