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1
Court Of Appeal Considers Whether Dishonouring LC Bank Has Title To Sue Under Indorsed Bill Of Lading
In our November 2013 Legal Update, we reported on the first instance decision in the Erin Schulte, which subsequently went to appeal.
UK
13 Nov 2014
2
Commercial Court Rules On Buyers’ Rights To Extensions Of Time Under GAFTA 49
This recent decision from the Commercial Court provides useful guidance on the construction of Clause 8 of the popular GAFTA 49 form; in particular, on the nature and scope of a buyer’s right to extend the delivery period under that clause.
UK
7 Nov 2014
3
Court Construes "Notices" Provision In GAFTA 64 Contract
The decision in this case provides helpful guidance on the construction of the "Notices" provision in GAFTA 64 (General Contract for grain in bulk FOB terms).
UK
7 Aug 2014
4
IRAN Sanctions Update: EU Suspends Certain Sanctions For Six Months- January 2014
In this update, we set out the latest developments regarding the EU sanctions against Iran.
UK
31 Jan 2014
5
Force Majeure, Foreseeability And FOB Incoterms
Ince & Co recently represented Vitol Asia and Vitol S.A. before the Court of Appeal in the matter of the Crudesky.
UK
29 Oct 2013
6
Issues Of Contractual Commitment And Determining When The Specification Of Goods Is Part Of Their Description
We previously reported on the earlier incarnation of this case in which the Claimant was unsuccessful in an application for summary judgment.
UK
9 Oct 2013
7
Court Of Appeal Clarifies Time For Determining Whether Breach Of Contract Repudiatory
A discussion on a recent case where the Court of Appeal's judgment provides useful guidance on a number of issues arising in relation to repudiatory breaches.
UK
19 Jun 2013
8
Good Faith Obligations In Contract: Are The English Courts Going Soft?
Traditionally, English law does not recognise a general duty of good faith applicable to contracts, and rather recognise the right and freedom of commercial contracting parties to enter into an agreement on whatever terms they see fit and to prioritise their own self-interest.
UK
30 May 2013
9
Supreme Court Confirms Corporate Veil Cannot Be Pierced To Make A Puppeteer Party To His Puppet’s Contract
The Supreme Court has unanimously rejected VTB Capital Plc's case that the corporate veil of their contractual counterparty could be pierced so as to render those controlling the counterparty jointly and severally liable under their contract.
UK
18 Feb 2013
10
Unstable Gasoil Cargo Held To Be Of Unsatisfactory Quality And Unfit For Purpose
The parties in this case were in dispute over the quality and fitness for purpose of a cargo of gasoil.
UK
19 Nov 2012
11
Iran Sanctions Update – May 2012
On 24 March 2012, EU Council Regulation No. 267/2012 ("the Regulation") entered into force in the EU (the day of its publication in the Official Journal). It repealed and replaced EU Regulation 961/2010, which had previously served as the main EU Regulation concerning restrictive measures against Iran.
European Union
2 May 2012
12
The Regulation Of Passenger Liability: Recent Developments In The EU
Cruise ship and ferry safety has been part of the general discussion of maritime safety in recent years.
European Union
17 Apr 2012
13
Is The Opening Of An L/C Pursuant To A Sale Contract Prohibited By International Sanctions Regulations?
This dispute involved a consideration of US and EU Burmese Sanctions Regulations and whether they prevented the buyers of Burmese rice from opening a letter of credit pursuant to the payment provision in the sale contract.
UK
7 Mar 2012
14
International Trade - Concluding Your Contract And Agreeing On Terms: Don’t Hold Your Peace
The recent case of Wilmar Oleo Pte Ltd v. Vinmar Chemicals and Polymers BV (MT Varkan Ege) [2011] EWHC 2067 (Comm) involved a dispute between the parties to an FOB sale contract for biofuel as to what terms, if any, had been agreed between them with regard to determination of the quality of the cargo.
UK
24 Feb 2012
15
Commercial Court Considers The Nature Of Laytime And Demurrage Provisions In A Sale Contract
The Commercial Court has recently issued a judgment in the above matter involving a consideration of the incorporation of laytime and demurrage provisions from a charterparty into separate sale contracts and, in particular, the time at which the obligation to pay demurrage accrued under the sale contracts.
UK
23 Nov 2011
16
Construing Exclusion Clauses: Do They Cover A Deliberate Repudiatory Breach Of Contract?
Where a contract becomes unworkable or unprofitable because economic or other conditions have changed, one or other party may not fulfil some of its obligations under the contract or may even try to walk away from the contract entirely.
UK
15 Nov 2011
17
Piracy off Africa- Cargo's Perspective
For pirates off both West and East Africa, the laden tanker has become the most sought after prize. There are two distinct business models and both present challenges to the owners and underwriters of a high value oil cargo.
UK
13 Oct 2011
18
Supreme Court Reviews Sovereign Immunity
In this case, the Supreme Court had to decide whether NML, a vulture fund, was entitled to enforce a New York judgment ordering Argentina to make payment of the principal and interest due under sovereign bonds on which Argentina had defaulted in 2003.
UK
7 Oct 2011
19
EU Sanctions Developments in Libya and Syria
We write further to our sanctions updates and specifically our update on Libyan sanctions of 24 August 2011. In light of the developing situation in Libya, as of 2 September 2011 the Council of the European Union has significantly eased the sanctions in place against Libya by lifting its asset freeze on 28 Libyan entities.
UK
19 Sep 2011
20
Force Majeure Clauses: Their Role In Sale Contracts
There have been a number of global events in recent years that have threatened the performance of international sale contracts.
UK
9 Aug 2011
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