Searching Content indexed under Litigation, Mediation & Arbitration by Ben Macfarlane & Co ordered by Published Date Descending.
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Isabella Ship-owner – v – Shagang Shipping: "The Aquafaith"
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.
17 May 2012
A Short Guide To LMAA Arbitration
The London Maritime Arbitrators Association (‘LMAA’) has three main arbitration procedures and terms that may be chosen by parties agreeing to arbitrate,
18 Oct 2011
Battle Of The Forms - GHSP Inc v AB Electronic Ltd [2010] EWHC 1828 (Comm)
This case involves the familiar scenario in commercial contractual relations known as a "battle of the forms".
12 May 2011
Assessment of Damages Following a Breach of Contract - The "Mamola Challenger"
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.
9 Sep 2010
Entire Agreement? Admissibility Of Pre-Contract Negotiations
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.
24 Mar 2010
Rome II
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.
4 Jun 2009
THE "ZENOVIA" – Commercial Court Overturns Maritime Arbitration Award Relating To Redelivery Notice: IMT SHIPPING AND CHARTERING GMBH V CHANSUNG SHIPPING COMPANY LTD [2009] EWHC 739 (Comm)
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.
17 Apr 2009
CMA CGM SA v HYUNDAI MIPO DOCKYARD CO. LTD [2008] EWHC 2791 (Comm) – Arbitration vs Brussels Regulation
HMD and ERS entered into 4 shipbuilding contracts under which HMD would build 4 container vessels for ERS.
24 Feb 2009
Limit No. 2 Ltd V AXA Versicherung Ag. [2008] EWCA Civ. 1231 - Court Of Appeal Decision On Misrepresentation By Broker In Reinsurance Case
This case involved Lloyd's Syndicates who were reinsured by the predecessor to AXA under first loss reinsurance contracts relating to construction and operating risks in connection with oil rigs.
13 Nov 2008
The Petroleum Oil And Gas Corporation Of South Africa (Pty) Ltd v FR8 Singapore Ltd [2008] EWHC 2480 (Comm)
This dispute involved a voyage pursuant to a charterparty on an amended BPVoy4 form relating to the carriage of two cargoes, High Speed Diesel ("Gasoil Cargo") and Multiple Oil and Gas ("Mogas").
27 Oct 2008
Whitecap Leisure Ltd v John H. Rundle Ltd [208] EWCA Civ 1026: The Modern Approach To Litigation Costs
"Anyone with any sense knows that litigation is expensive. Anyone with any sense knows that litigation is more expensive than one's worst fears. Anyone with any sense would avoid litigation. Commercial men should look at their balance sheet rather than the pleadings."
1 Oct 2008
"Seagate Shipping Ltd v Glencore International A.G": Commercial Court Decision On Charterparty Dispute
Those not in the coal and iron ore market may not be familiar with RightShip. This is a ship approval system set up in 2001 and maintained by BHP Billiton, Rio Tinto Shipping and Cargill Ocean Transportation.
14 Aug 2008
Congentra Ag v Sixteenthirteen Marine Sa [2008] Ewhc 1615 (Comm)
This case arose out of dispute between the owners and charterers of a vessel called “Nicholas M”. vessel was under a time charter providing for London arbitration and English law
13 Aug 2008
Liability Of Sub-Brokers Who Place Inadequate Insurance Cover
The recent case of “Dunlop Hawyards (DHL) Ltd v Erinaceous Insurance Services Ltd v Lockton” [2008] EWHC 520 Comm has shed further light on the potential pitfalls that may arise where more than one broker is involved in placing insurance on behalf of an assured.
30 Jul 2008
Transfield Shipping Inc. Of Panama v Mercator Shipping Inc., The Achilleas [2008] Ukhl 48: House Of Lords Decision On Remoteness Of Damages
This is a shipping case that was originally taken to arbitration. In brief, the facts are as follows: there was a time charterparty regarding the vessel "Achilleas", under which charterers gave notice of redelivery between 30 April and 20 May 2004.
10 Jul 2008
Application Under CPR Part 18.1 For Further Information: Two Apparently Contradictory Judgements
CPR Part 18.1 provides for the court to make an order requiring a party to clarify any matter which is disputed in legal proceedings, alternatively to give additional information in relation to such a matter.
1 Jul 2008
United Kingdom: Whether "Appellant" Includes A Non-Party To First Instance Proceedings
A recent planning case which reached the Court of Appeal has raised an issue which will be of interest to litigators in all areas beyond planning law.
16 Jun 2008
The Subprime Fallout-Local Difficulty Or Global Crisis? The Implications For English Litigators
A credit crunch is the term economists use to describe a financial environment where investment capital is in short supply. It is a recessionary period in a debt-based monetary system where growth in debt money has slowed which subsequently leads to a drying-up of liquidity in an economy.
11 Dec 2007
Insurance “Contract Certainty” Revisited
The events of ‘9/11’ shattered conventional thinking about insurance in a number of ways. A tricky debate has centred on the question of what cover had been provided for the Twin Towers at the time of the attack. By September 11th no final wordings had been agreed, there were only temporary contracts from the insurers pledging to provide insurance.
16 Nov 2006
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