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By Juanita May Low
Force majeure is literally translated as "superior forces".
By Linda Jacques
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.
By Linda Jacques
Demurrage cases in the context of Sale Contracts are rarely reported.
By Russell Kelly
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.
By Siobhan Creely
The Bribery Act 2010 will come into force in April 2011 and will have a significant impact on the shipping industry.
By Linda Jacques
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.
By Linda Jacques
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.
By Siobhan Creely
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.
By Linda Jacques
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.
By Lily Chan
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.
By Linda Jacques
It is not uncommon for hull and cargo underwriters to reject claims by relying on excluded perils in their standard forms.
By Linda Jacques
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.
By Linda Jacques
Ships and shipping have been subject to regulations which seek to minimise pollution and environmental damage for many years.
By Linda Jacques
Some interesting issues have been brought up by a dispute involving the VLCC “Kos” which had been chartered out on the Shelltime 3 form.
By Linda Jacques
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”).