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By Ian Woods
The Marine Navigation (No.2) Bill ("the Bill") received Royal Assent on the 25th April 2013 becoming the Marine Navigation Act 2013 ("the Act") and is expected to come into force over the next few months.
By Ian Woods
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.
By Ian Woods
This article considers the measure of damages a Ship-Owner is entitled to claim, under English Law, from a Charterer who prematurely re-delivers a vessel in breach of a Time Charterparty.
By Ian Woods
This case concerns the circumstances in which, following a breach of charterparty and purported early redelivery of the vessel, the owners can elect not to accept redelivery and instead affirm the contract claiming hire as opposed to damages.
By Ian Woods
The London Maritime Arbitrators Association (‘LMAA’) has three main arbitration procedures and terms that may be chosen by parties agreeing to arbitrate,
By Ian Woods
The United Kingdom alone relies of thousands of kilometres of oil and gas pipelines that stretch across the ocean floor of the North Sea alone.
By Ian Woods
This case involves the familiar scenario in commercial contractual relations known as a "battle of the forms".
By Ian Woods
The carriage of dangerous goods remains a legal minefield for cargo interests and their insurers in relation to their potential exposure to liability.
By Ian Woods
This case discusses the extent to which a contracting party can claim, as damages for breach of contract, expenditure incurred in preparation of a contract that has been wasted as a result of breach of that contract by the other party. The facts of this claim arose from a breach of a Charterparty by the Charterers.
By Ian Woods
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.
By Leila Woollam
Maritime arrest is a legal action to seize a vessel, cargo, container or other maritime property as security for a claim or to enforce a maritime lien.
By Leila Woollam
The recent case of Chartbrook and Another v Persimmon Homes Ltd and Others [2009] saw the House of Lords reaffirming the long-established position that under English law, anything said or done in the course of negotiating a contract is inadmissible as evidence of what the contract was intended to mean.
In recent years, environmental regulatory requirements have dictated that marine fuels should be low in sulphur, a major pollutant, largely responsible for "acid rain".
By Leila Woollam
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.
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.