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  • Article

    GAFTA 49 and FOB Sale Contract – Court of Appeal Construes "Readiness to Load"

    In a classic FOB sale contract, the risk of loss or damage to the goods passes from the sellers to the buyers on the loading of the goods onto the vessel chartered by the buyers.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Demurrage Time Bar: Crucial To Comply With Documentary Requirements

    In this case, the vessel Owners failed to provide the Charterers with all documents in support of their demurrage claim within the 90-day time period provided under the charterparty.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    No Second Bite Of The Cherry On Issues Of Fact

    This case is a reminder that parties can only expect appellate courts to overturn findings of fact by the first instance judge in the rarest of circumstances.
    BermudaInsurance
    Ince & Co
    Ince & Co
  • Article

    More Pitfalls For Owners Looking To Terminate For Unpaid Hire

    It is a debatable point whether or not the obligation to pay hire under a time charter is a condition of the contract or not.
    United KingdomCorporate/Commercial Law
    Ince & Co
    Ince & Co
  • Article

    The Primacy Of No Set-Off Clauses In Bunker Supply Contracts

    This case related to various claims under a bunker supply contract which contained a no set-off clause. Such clauses are common in the oil supply industry and the English courts tend to take a stringent approach to their application.
    United KingdomCorporate/Commercial Law
    Ince & Co
    Ince & Co
  • Article

    When Is It Unreasonable To Withhold Your Consent?

    Defining what is meant by "reasonable" in contracts governed by English law is rarely straightforward.
    United KingdomCorporate/Commercial Law
    Ince & Co
    Ince & Co
  • Article

    Global Anti-Corruption Update January 2015 – What’s New?

    With corruption increasingly hitting the headlines (think GlaxoSmithKline in China and Qatar's World Cup bid), in early December 2014, the OECD issued a new report on corruption, highlighting the scale of bribery worldwide.
    United KingdomCriminal Law
    Ince & Co
    Ince & Co
  • Article

    The Importance Of Clear Allocation Of Contractual Risks And Liabilities

    The UK offshore wind energy sector has come a long way since the first offshore wind farm was completed in 2000 at Blyth Harbour in the northeast of England, with just two turbines totalling 4MW.
    United KingdomEnergy and Natural Resources
    Ince & Co
    Ince & Co
  • Article

    Libor, Euribor – What, When, Where And How?

    The storm surrounding the manipulation of Libor rates by some of the world’s leading banks has been brewing largely unnoticed since 2005.
    United KingdomFinance and Banking
    Ince & Co
    Ince & Co
  • Article

    Implied Obligation Under Article 16(F) of UCP 600 to Return Rejected Documents Reasonably Promptly

    In our International Trade and Commodities Legal Update February 2010, we reported that the beneficiaries under five letters of credit (L/Cs) issued by Indian Overseas Bank ("IOB") had succeeded in defeating all save one of IOB’s defences based on alleged documentary discrepancies under the L/Cs.
    United KingdomInternational Law
    Ince & Co
    Ince & Co
  • Article

    Dishonest But Not Disowned: Despite The High Court Finding One Party Guilty Of Fraudulent Conduct In An Arbitration, The Arbitral Award Was Allowed To Stand

    In this recent case, the Commercial Court held that despite Gaztransport et Technigaz SAS ("GTT") committing fraud in the underlying arbitration
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    Trader Who "Took Part" In Arbitration Proceedings Loses Right To Challenge Arbitrators' Jurisdiction

    The parties in this case were in dispute as to whether there was a validly concluded contract between them for the supply of milling wheat.
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    Court Considers Whether Carrier Adopted Sound System For Carriage Of Cargo

    A recent decision offers guidance as to the courts’ approach to a carrier’s obligations under Article III(2) of the Hague Rules to properly and carefully load, carry and care for the cargo.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Enforceability Of English Arbitration Agreements And A Cautionary Tale On SAFE Registration In China

    The matter involved claims pursued by various ship-owners against their charterers' guarantor in London arbitration proceedings.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Enforcing A Letter Of Indemnity

    In "The Laemthong Glory" (No 2) [2005] 1 LLR 688, the Court held that the provisions of a letter of indemnity ("LOI") issued by receivers to voyage charterers requesting delivery of cargo without presentation of original bills of lading purported to confer a benefit on the ship-owners in their capacity as the agents of the charterers for the purpose of delivering the cargo.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Seller Under FOB Contract Liable for Economic Duress and Tort of Intimidation

    The dispute in this case arose out of a contract for the sale and purchase of methanol, with shipment to be FOB Kandla within September 2007.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Piracy off Africa- Cargo's Perspective

    For pirates off both West and East Africa, the laden tanker has become the most sought after prize. There are two distinct business models and both present challenges to the owners and underwriters of a high value oil cargo.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    The Bribery Act And The Shipping Industry: Complying With A "Zero Tolerance" Approach To Facilitation Payments In An Imperfect World

    In July 2011, shortly after the Bribery Act (the "Act") came into force, we highlighted in an article that the Act had made facilitation payments a minefield for the shipping industry
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Appeals To The UK Supreme Court – Applying For Leave To Appeal

    Last year, we made Ince & Co's first application for leave to appeal to the Supreme Court of England and Wales on behalf of TMT Asia Limited.
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    Court Upholds English Contract Termination Clause That Is Invalid Under Foreign Insolvency Law

    In a significant case regarding the application of the Cross Border Insolvency Regulations 2006, the English High Court decided it would not intervene to prevent termination of an English law contract for insolvency even though such termination was inoperative or invalid under the foreign law governing the insolvency.
    United KingdomTransport
    Ince & Co
    Ince & Co

Showing 81–100 of 323 results

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