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Searching Content indexed under Arbitration & Dispute Resolution by Ince & Co ordered by Published Date Descending.
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1
What Constitutes A "Similar Amendment" Under The Interclub Agreement?
This clarification is to be welcomed, as it reduces the scope for uncertainty and the expensive legal disputes that can arise as a result.
Monaco
25 Oct 2018
2
Financing Bank Liable For Demurrage As Intermediate Holder Of Bills Of Lading
The new switch bill incorporated the charterparty arbitration clause.
UK
25 Oct 2018
3
Beat The Clock! Practical Considerations In Dealing With Last Minute Claims
There is clearly risk involved in any chain of back to back charters with a fixed time limit.
UK
25 Oct 2018
4
Court Finds Different Charterparty Arbitration Provisions Did Not Conflict
This case involved a charterparty with two different, and potentially conflicting, arbitration provisions.
UK
23 Oct 2018
5
Court Concludes Delivery Made In Accordance With Terms Of LOIs
Glencore had entered into a sale contract to sell the goods to Aavanti who, in turn, had on-sold to Agritrading.
UK
19 Oct 2018
6
Deviation And The Right To Rely On Contractual Time Bars
The English Court has recently handed down a judgment considering whether parties are able to rely on contractual time bars, such as Article III Rule 6 of the Hague Rules, in circumstances where owners have ordered ...
UK
19 Oct 2018
7
Arbitration Appeal? Don't Delay
Appeals to the English court from an arbitration award must be brought within 28 days of the date of the award.
UK
19 Oct 2018
8
Demurrage Time Bar: Crucial To Comply With Documentary Requirements
In this case, the vessel Owners failed to provide the Charterers with all documents in support of their demurrage claim within the 90-day time period provided under the charterparty.
UK
23 Mar 2015
9
English Court Clarifies What Law Governs Procedure Applied In Hong Kong Arbitration
A recent Commercial Court decision considered the position when a contract provides for the law of one jurisdiction to be applicable, but for the arbitration to take place outside that jurisdiction.
UK
18 Feb 2015
10
Beware The Pitfalls Of Inconsistent Dispute Resolution Clauses
Parties should be very careful to ensure that no competing dispute resolution clauses are contained in the same contract.
UK
13 Feb 2015
11
Court Sets Aside Arbitration Award For Serious Irregularity
This case is a rare example of a successful challenge to an arbitration award on the ground of serious irregularity under section 68 of the Arbitration Act 1996 (the "Act").
UK
13 Feb 2015
12
Evidence Not Before Tribunal Shut Out By Court On Appeal
When an arbitration award is appealed to the Court on the grounds that the Tribunal had no substantive jurisdiction, there is a complete rehearing of the issue of jurisdiction.
UK
13 Nov 2014
13
Hong Kong Ship Arrest: Enforcing A Maritime Award Via The Backdoor?
In a potentially very significant recent judgment, the Hong Kong High Court has upheld the arrest of a vessel despite the Plaintiff already having obtained an arbitration award.
UK
11 Nov 2014
14
Did GAFTA Tribunal Exercise Its Discretion To Admit An Otherwise Lapsed Claim?
The GAFTA Arbitration Rules provide for the lapse of claims in circumstances where the parties fail to submit any documentary evidence within one year of the notice claiming arbitration.
UK
2 Jun 2014
15
The Recast Brussels Regulation: Reinforcing The Arbitration Exception
The Brussels Regulation governs the jurisdiction and enforcement of judgments in civil matters in the EU.
UK
5 Feb 2014
16
Limited Scope For Challenging English Maritime Arbitration Awards
Primera Maritime Ltd and others v. Jiangsu Heavy Industry Co. Ltd [2013] EWHC 3066 (Comm)
UK
5 Feb 2014
17
Limits To Appealing Arbitration Awards To Court Of Appeal
Under the Arbitration Act 1996, there are limited circumstances in which an arbitration award can be appealed to the High Court.
UK
11 Jul 2013
18
Staying Court Proceedings In Favour Of Arbitration Where The Existence Of The Arbitration Agreement Is Disputed
The Commercial Court has granted permission to serve an arbitration claim form out of the jurisdiction.
UK
3 Jul 2013
19
Enforceability Of English Arbitration Agreements And A Cautionary Tale On SAFE Registration In China
The matter involved claims pursued by various ship-owners against their charterers' guarantor in London arbitration proceedings.
UK
5 Jun 2013
20
Passing Costs Liability Down A Charterparty Chain
The judgment in this case deals with the recoverability of the costs of an arbitration as damages in a series of arbitration references, notwithstanding the absence of an arbitration reference for one of the links in the charterparty chain.
UK
22 Feb 2013
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