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  • Article

    Cat Fines: A New Issue For Hull Insurers?

    In recent years, environmental regulatory requirements have dictated that marine fuels should be low in sulphur, a major pollutant, largely responsible for "acid rain".
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Rome II

    The Rome Convention (last updated 1980) provides that in the EU, and in the absence of an express choice of law clause, a contract will be governed by the law of the country with which it is most closely connected.
    United KingdomInsurance
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Application Under CPR Part 18.1 For Further Information: Two Apparently Contradictory Judgements

    CPR Part 18.1 provides for the court to make an order requiring a party to clarify any matter which is disputed in legal proceedings, alternatively to give additional information in relation to such a matter.
    United KingdomInsurance
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Congentra Ag v Sixteenthirteen Marine Sa [2008] Ewhc 1615 (Comm)

    This case arose out of dispute between the owners and charterers of a vessel called “Nicholas M”. vessel was under a time charter providing for London arbitration and English law
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    "Seagate Shipping Ltd v Glencore International A.G": Commercial Court Decision On Charterparty Dispute

    Those not in the coal and iron ore market may not be familiar with RightShip. This is a ship approval system set up in 2001 and maintained by BHP Billiton, Rio Tinto Shipping and Cargill Ocean Transportation.
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Transfield Shipping Inc. Of Panama v Mercator Shipping Inc., The Achilleas [2008] Ukhl 48: House Of Lords Decision On Remoteness Of Damages

    This is a shipping case that was originally taken to arbitration. In brief, the facts are as follows: there was a time charterparty regarding the vessel "Achilleas", under which charterers gave notice of redelivery between 30 April and 20 May 2004.
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Battle Of The Forms - GHSP Inc v AB Electronic Ltd [2010] EWHC 1828 (Comm)

    This case involves the familiar scenario in commercial contractual relations known as a "battle of the forms".
    United KingdomInsurance
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    A Short Guide To LMAA Arbitration

    The London Maritime Arbitrators Association (‘LMAA’) has three main arbitration procedures and terms that may be chosen by parties agreeing to arbitrate,
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    CMA CGM SA v HYUNDAI MIPO DOCKYARD CO. LTD [2008] EWHC 2791 (Comm) – Arbitration vs Brussels Regulation

    HMD and ERS entered into 4 shipbuilding contracts under which HMD would build 4 container vessels for ERS.
    United KingdomLitigation, Mediation & Arbitration
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    United Kingdom: Whether "Appellant" Includes A Non-Party To First Instance Proceedings

    A recent planning case which reached the Court of Appeal has raised an issue which will be of interest to litigators in all areas beyond planning law.
    United KingdomLitigation, Mediation & Arbitration
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Jurisdiction Dispute Under Articles 27 And 30 Of EU Regulation 44/2001: “Syndicate 980 V Sinco S.A.” [2008] EWHC 1842 (Comm.)

    In this case, the claimants were three Lloyd’s Syndicates (“Syndicates”) for various years of account between 1999 and 2006.
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Limit No. 2 Ltd V AXA Versicherung Ag. [2008] EWCA Civ. 1231 - Court Of Appeal Decision On Misrepresentation By Broker In Reinsurance Case

    This case involved Lloyd's Syndicates who were reinsured by the predecessor to AXA under first loss reinsurance contracts relating to construction and operating risks in connection with oil rigs.
    United KingdomLitigation, Mediation & Arbitration
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Whitecap Leisure Ltd v John H. Rundle Ltd [208] EWCA Civ 1026: The Modern Approach To Litigation Costs

    "Anyone with any sense knows that litigation is expensive. Anyone with any sense knows that litigation is more expensive than one's worst fears. Anyone with any sense would avoid litigation. Commercial men should look at their balance sheet rather than the pleadings."
    United KingdomCorporate/Commercial Law
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    (1) Colliers International Property Consultants ("CIPC") & (2) Colliers International Property Consultants Inc. ("CIPC Inc") v Colliers Jordan Lee Jafaar SDN BHD: Commercial Court´s Pragmatic Approach To Procedural Defects

    This was a dispute which was originally taken to ICC arbitration in London and a final arbitration award made in favour of the Claimants.
    United KingdomLitigation, Mediation & Arbitration
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    The Significance Of Taking Out A Valued Policy In The Present Economic Climate

    Under the Marine Insurance Act 1906, a distinction is made between valued and unvalued policies of insurance.
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    THE "ZENOVIA" – Commercial Court Overturns Maritime Arbitration Award Relating To Redelivery Notice: IMT SHIPPING AND CHARTERING GMBH V CHANSUNG SHIPPING COMPANY LTD [2009] EWHC 739 (Comm)

    This is a shipping dispute that was initially dealt with in arbitration but subsequently appealed to the Commercial Court pursuant to section 69 Arbitration Act 1996. Somewhat surprisingly, given the courts’ usual reluctance to overturn arbitration awards except in extenuating circumstances, in this case, Mr. Justice Tomlinson decided the arbitration award should be set aside.
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Liability Of Sub-Brokers Who Place Inadequate Insurance Cover

    The recent case of “Dunlop Hawyards (DHL) Ltd v Erinaceous Insurance Services Ltd v Lockton” [2008] EWHC 520 Comm has shed further light on the potential pitfalls that may arise where more than one broker is involved in placing insurance on behalf of an assured.
    United KingdomInsurance
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    “Sea Emerald SA V Prominvestbank – Joint Stockpoint Commercial Industrial And Investment Bank” [2008] EWHC 1979 (Comm): Dispute Relating To Refund Guarantee In Shipbuilding Contracts

    In the shipbuilding industry, the refund guarantee is often an essential document because it allows the buyer and its financiers to hold security from the shipyard which will respond in the event that the ship is not delivered.
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    MV Saldanha

    This case raised the question of whether the detention by pirates of the MV SALDAHNA (the ‘Vessel’), or the effects of piracy entitled charterers to argue that the vessel was off-hire in accordance with cl.15 of the NYPE form of Charterparty agreed by the parties in the Charterparty dated 25th June 2008.
    GlobalTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Exceptions To Laytime

    The present economic crisis and the ferocity with which owners and charterers are fighting charterparty disputes have recently increased the instances of scrutiny by the courts of numerous charterparty clauses.
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co

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