In an appeal to the High Court, Mitsui & Co (USA) Inc. vs. Asia-Potash International Investment (Guangzhou) Co Ltd, the High Court considered whether the mere fact that contracts were not back-to-back (or in a ‘chain’) prevented liabilities...
News & Updates
The English Courts are currently trying to persuade parties in less complex commercial cases to commence proceedings in the London Circuit Commercial Court (“LCCCt”), rather than the Commercial Court. Further, even where cases are commenced in...
In this recent English High Court judgment JB Cocoa Sdn Bhd and Others v Maersk Line AS - [2023] EWHC 2203 (Comm) ( https://www.bailii.org/ew/cases/EWHC/Comm/2023/2203.html ), the Court held that the carrier’s liability for damage to the cargo after...
The place and timing of redelivery of a chartered vessel are key obligations of a charterer. A recent arbitration decision considered whether Owners were entitled to recover for losses which purportedly arose from a breach of these obligations. Summary by ...
In Rhine Shipping DMCC v Vitol SA [2023] EWHC 1265, the Commercial Court considered the relevance of internal risk management processes and the expectation of hedging when assessing damages, in a case which also offered a glimpse into how large trading...
In Smart Gain Shipping Co. Ltd v Langlois Enterprises Ltd (“Globe Danae”) [2023] EWHC 1683 (Comm) the High Court held that the owners were entitled to the charterparty rate of hire for time spent cleaning the vessel’s hull after redelivery,...
The co-existence of new marine technologies which aim to improve safety and stubbornly high counts of human errors among the causes of maritime casualties and incidents suggests that ‘more of the same’ will be an inadequate response in seafarer...
London arbitrators have found that a one-off error by a pilot did not make the port unsafe for the purposes of the Charterers’ safe port warranty. Helen McCormick , Managing Associate, and Evgenia Kanellopoulou , Associate, offer a summary. ...
The Commercial Court recently held, on an appeal of an arbitration award under s. 67 of the Arbitration Act 1996 that the Tribunal was correct in finding that it did not have jurisdiction to hear a dispute, on the basis that the claimant was not a party to...
Alex Hudson , Director, and David Fittis , Trainee, discuss a recent summary judgment in favour of a port operator relating to the failure of a sea ferry operator, P&O, to achieve a minimum volume guarantee contained in the contract between the...
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