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  • Article

    Laytime And Force Majeure

    A recent London arbitration decision has examined the interplay between laytime and a force majeure clause.
    United KingdomCoronavirus (COVID-19)
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    Containers – "Should Terminals Weigh or not Weigh"

    Container collapses can occur at sea as a result of a number of factors such as inadequate, deficient or improper securing, improper stowage configuration, excessive stability, the failure of the vessel to assess storm movement or to take action in deteriorating weather.
    United KingdomTransport
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    The Pitfalls Of Recycling Ships

    Ships and shipping have been subject to regulations which seek to minimise pollution and environmental damage for many years.
    United KingdomTransport
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    What is an Oil Major in the Shelltime 4 Form?

    In Dolphin Tanker SRL v Westport Petroleum Inc (the "Savina Caylyn") QBD – 21 October 2010, the High Court reviewed the decision of London arbitrators which considered which companies should be considered as oil majors.
    United KingdomLitigation, Mediation & Arbitration
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    Liquidated Damages Or Penalty? Beware The Difference

    It is well established that a contractual clause providing for the payment by a defaulting party of a sum which is a genuine pre-estimate of loss is enforceable as liquidated damages while a clause which is predominantly to deter a party from breaking the contract is a penalty and thus unenforceable.
    United KingdomTransport
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    Notice Of Withdrawal - Timing Is Everything

    Some interesting issues have been brought up by a dispute involving the VLCC “Kos” which had been chartered out on the Shelltime 3 form.
    United KingdomTransport
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    The "Hang Ta" - Sales Contract, NORs And WIBON

    Demurrage cases in the context of Sale Contracts are rarely reported.
    United KingdomTransport
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    Marine Insurance Policies – Rejection Of Claims For Inherent Vice

    It is not uncommon for hull and cargo underwriters to reject claims by relying on excluded perils in their standard forms.
    United KingdomTransport
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    The Rotterdam Rules – How Are They Different From The Hague Visby Regime?

    There is currently an ongoing battle between various sectors of the shipping industry about the Rotterdam Rules which are due to be signed in September 2009.
    United KingdomTransport
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    Duties Of Wharfinger To Warn Berth Holders On The Suitability Of Moorings

    The recent case of George v Coastal Marine 2004 Ltd ("Bon Ami") [2009] EWHC 816 (Admiralty) raises issues concerning the duty of a wharfinger (keeper of the wharf or quay) to take reasonable steps to ensure that the given berth is safe.
    United KingdomTransport
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    Charterparty Bulletin - Laytime And Waiting For Free Pratique

    In AET Inc Ltd v Arcadia Petroleum Ltd [2009] EWHC 2337 (Comm) – the English Court was required to consider whether laytime continued to run after NOR had been given but before free pratique had been granted.
    United KingdomTransport
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    Shifting Cargo - Who Is Responsible?

    A recent London arbitration decision, LMLN 12/08 has examined the extent to which a charterer (or more specifically a charterer's local agents) can or cannot make a difference to the terms dealing with overall responsibility.
    United KingdomTransport
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    Rule B : A Change In Procedure

    Rule B, refers to Rule B of the Supplemental Admiralty Rules for Certain Admiralty & Maritime Claims of the Federal Rules of Civil Procedure (“Rule B”).
    United KingdomTransport
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    Unsafe Berths – Demurrage and Damages Issues

    London arbitrators and an English High Court Judge have recently had to unpick the legal issues surrounding considerable delays caused by berthing at Itaguai in Brazil.
    United KingdomTransport
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    Are You Contracting On Your Own Terms?

    Businesses often give their standard terms and conditions of business (T&C) low priority until a dispute arises, by which time it may be too late.
    United KingdomTransport
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    Sexual Harassment – Who Do I Believe?

    If employee C complains of sexual harassment by employee B, which employee B denies, and there is little or no corroborating evidence to support either employee's version of events, how can the employer reach a decision?
    United KingdomEmployment and HR
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    Sleeping On The Job

    >Shift work is the norm within the Care sector and when people think about the Working Time Regulations they rarely see rest periods as much of an issue.
    United KingdomEmployment and HR
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    Force Majeure - The Clause, The Definition, The Application

    Force majeure is literally translated as "superior forces".
    United KingdomCorporate/Commercial Law
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    The Jaq Ravi

    Unbeknown to the owners of the vessel and the end buyers Binani – the original parties to the sale contract the shippers and Comtrade Visa were in dispute about matters related to the original sale contract.
    United KingdomTransport
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    The Bribery Act 2010

    The Bribery Act 2010 will come into force in April 2011 and will have a significant impact on the shipping industry.
    United KingdomTransport
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP

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