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ARTICLE · 06 NOVEMBER 2025

Ship Sailed, Unjust Enrichment Claim Derailed

A&O Shearman
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It's a familiar scenario: you contract to provide advice, and you think there has been mission creep.

United StatesTransport

It's a familiar scenario: you contract to provide advice, and you think there has been mission creep. Can you claim a reasonable fee for what you see as the extra you have provided based on the other side being unjustly enriched? Not in this case.

Services within scope of contract

RMK Maritime claimed it was engaged under an advisory agreement to provide limited services to Euronav in relation to a merger with Gener8. RMK said it ultimately provided a broader range of advisory services allegedly based on a shared understanding that Euronav would pay a further reasonable fee. Euronav argued this was all within scope, there was no shared understanding, and that any further fee was understood to be discretionary.

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