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  • Article

    Court Concludes Advance Payment Guarantees Were Performance Bonds

    It is not always evident on the face of an instrument whether it is a demand guarantee imposing a primary obligation on the guarantor or whether it is a contract of suretyship that brings with it only a secondary obligation.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    General Average – Dealing With The Costs Of A Hijacking

    The recent judgment in the Longchamp has overturned accepted industry thinking in how bunkers and crew wages are dealt with in a hijacking.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Shipping:Litigation Or Arbitration In Multiple Contracts Concerning The Same Subject Matter: Can You Have Your Cake And Eat It?

    Deutsche Bank entered into a financing transaction for a gold mine, part of which involved a gold export contract and a parent company guarantee.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Court Upholds Validity Of Notice Of Arbitration In Commodities Dispute

    This was a challenge to GAFTA arbitration awards on grounds of lack of jurisdiction under s. 67 Arbitration Act 1996 (the "AA").
    United Arab EmiratesLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    Owning A Superyacht In The UAE: New Regulations For The Large Private Yacht Sector

    The UAE’s National Transport Authority (the "NTA") has recently published its new regulations ("Regulations") for larger private yachts, bringing much needed clarity and depth to the existing local regulatory structure.
    United Arab EmiratesTransport
    Ince & Co
    Ince & Co
  • Article

    Satellite TV And Extended Warranties – The Meaning Of Insurance Made Clear

    The Supreme Court has handed down its judgment in Digital Satellite Warranty Cover Limited & another v FSA1, where the court upheld the FSA's view that extended warranties for satellite TV equipment are contracts of insurance for regulatory purposes, notwithstanding that there are no financial payments made to the customer.
    United KingdomInsurance
    Ince & Co
    Ince & Co
  • Article

    The Jackson Reforms – What Insurers Need To Know

    The 'Jackson Reforms' introduce a number of changes to the English litigation costs regime which will affect the overall cost of cases, including for insurers.
    United KingdomInsurance
    Ince & Co
    Ince & Co
  • Article

    Commercial Court Clarifies The Nature Of Charterparty Liens

    In the May 2009 edition of our Shipping E-Brief, we wrote about the issue of charterparty liens and arbitrations.
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    Undisclosed Principal And Agent - A Useful Reminder Of The Law

    Novasen (the Seller) was a trading company based in Senegal. Alimenta (the Buyer) was a company based in Switzerland trading in groundnut and other vegetable oils.
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    Buyers Beware: Sellers’ Right To Claim For An Unpaid Deposit

    In a judgment handed down in December 2013, the Court of Appeal upheld the decision of Mr Justice Teare in the Commercial Court in "Griffon Shipping LLC v. Firodi Shipping Limited".
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Does A Vessel Arrested For A Claim Under A Sale Contract Remain On-Hire?

    Time charterers, Cargill, withheld hire from disponent owners, NYK, pursuant to a period off-hire clause in a time trip charter on amended NYPE terms.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Hague Rules Time Limit Applies To Misdelivery Claims

    In conclusion, therefore, the shipper's claim for misdelivery was time-barred.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Repudiatory Breach Of Contract Revisited

    The issue of repudiatory breach of contract is a notoriously difficult one because it is often not easy to establish which contractual party is in repudiatory breach and which has accepted the other’s repudiation and thereafter ceased to perform its own contractual obligations.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Court Of Appeal Clarifies Time For Determining Whether Breach Of Contract Repudiatory

    A discussion on a recent case where the Court of Appeal's judgment provides useful guidance on a number of issues arising in relation to repudiatory breaches.
    United KingdomCorporate/Commercial Law
    Ince & Co
    Ince & Co
  • Article

    Does Short Notice Of Nominated Vessels’ ETA Invalidate The Notice?

    This was an appeal by the Sellers (Thai Maparn Trading) under S. 69 Arbitration Act 1996 (error of law) against two arbitration awards issued by the GAFTA Board of Appeal.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Late Delivery Of Petroleum Product And Determination Of Market Value For Purpose Of Assessment Of Damages

    This dispute related to the sale and purchase of a cargo of low sulphur fuel oil, where the Buyers claimed damages for breach of contract in delivering the fuel oil late.
    United KingdomCorporate/Commercial Law
    Ince & Co
    Ince & Co
  • Article

    The Regulation Of Passenger Liability: Recent Developments In The EU

    Cruise ship and ferry safety has been part of the general discussion of maritime safety in recent years.
    European UnionTransport
    Ince & Co
    Ince & Co
  • Article

    Limitation Of Liability For Maritime Claims

    The Convention aims to limit the liability of the owner, charterer, manager or operator of a sea-going vessel for damage occurring on board or in direct connection with the operation of the ship.
    FranceTransport
    Ince & Co
    Ince & Co
  • Article

    Beware The Pitfalls Of Inconsistent Dispute Resolution Clauses

    Parties should be very careful to ensure that no competing dispute resolution clauses are contained in the same contract.
    United KingdomCorporate/Commercial Law
    Ince & Co
    Ince & Co
  • Article

    Court Grants Anti-Suit Injunction In Respect Of Some But Not All Cargo Claims

    This dispute related to cargo claims brought under three bills of lading. One issue was whether the claims were subject to London arbitration and/or English court proceedings and/or Moroccan court proceedings.
    United KingdomTransport
    Ince & Co
    Ince & Co

Showing 61–80 of 323 results

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