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Searching Content indexed under Marine/ Shipping by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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1
Advance Payment Guarantees Survive Novation Of Shipbuilding
The Court of Appeal rejects a guarantor's attempts to deny its liability under Advance Payment Guarantees following the novation of shipbuilding contracts under Korean law.
UK
26 Sep 2011
2
Marine, Energy Trade Notes September 2011 Issue 30
The Marine, Energy and Trade team publish a regular newsletter, the Marine, Energy and Trade notes, in which recent legal developments are reviewed: new case law, changing legislation, and new areas of potential liability.
UK
26 Sep 2011
3
Exclusion Clause Prevails In Demurrage
The term "strike" contained in an exclusion clause within a berth charterparty extended to include the congestion period which followed the "strike" itself.
UK
26 Sep 2011
4
Missed Sea Trial Dates Lead To Rescission Of Contracts
A ship buyer succeeded in its claim to rescind two shipbuilding contracts following the shipbuilder's failure to comply with the agreed sea trial dates.
UK
26 Sep 2011
5
Asia Update
Triple whammy arising out of charterparty arbitration award. The Hong Kong Court dismisses a court action that seeks to re-litigate matters already decided in an arbitration between related parties.
UK
26 Sep 2011
6
NOR Valid Despite Inclement Weather
The dispute concerned the interpretation of the laytime and demurrage terms under a CIF contract. Suek AG v Glencore International AG (2011).
UK
15 Sep 2011
7
Iran Sanctions: Arash Shipping v Groupama Transport (2011)
The Court of Appeal recently ruled on the effect of an Iranian sanctions clause entitling insurers to cancel an insurance, but declined to rule on the effect of EU sanctions legislation where the ruling was not necessary and the enforcement of that legislation fell under the jurisdiction of the criminal, rather than civil, courts.
UK
13 Jun 2011
8
Too Late To Claim
Upholding an arbitration award, the English High Court held that it did not matter which of the two contractual trigger dates came first to start the time limitation period running.
UK
16 May 2011
9
Total Loss Claim Not Automatic In Piratical Seizure
The Court of Appeal has reiterated that it will always be a question of fact whether an actual total loss can be said to exist in any given case.
UK
16 May 2011
10
Beware Time Limits In Shipbuilding Contracts
Should a party fail to comply with the contractual limitation period for challenging the cancellation of a contract by way of arbitration, it will also be precluded from challenging the cancellation before the English court.
UK
16 May 2011
11
Credit Where Credit's Due
The Court of Appeal held that once the issuing bank has rejected the documents, it must act in accordance with its chosen option.
UK
16 May 2011
12
"Without Prejudice" – But Is It Really?
In October 2010, the Supreme Court extended the scope of the exceptions to the without prejudice rule to permit the admissibility of without prejudice negotiations for the purpose of construing the true meaning of a settlement agreement.
UK
16 May 2011
13
Asia Update - April 2011
Singapore High Court judgment underlines the importance for all those involved in international trade of conducting sufficient due diligence to ensure compliance with the latest international sanctions.
Singapore
16 May 2011
14
Aerospace News - February 2011
Over the last decade, PRC carriers have consolidated around three main carriers. This trend looks likely to continue.
UK
2 Mar 2011
15
Injunctions: Maintaining The Dynamic Status Quo
On 3 December 2010 Mr Justice Beatson, sitting in the Commercial Court heard application to continue until trial a mandatory injunction obliging an airport operator to accept a carrier’s scheduled flights outside airport promulgated operating hours.
UK
2 Mar 2011
16
Volcanic Ash And Compensation Under Regulation 261
There could scarcely be a better example of meteorological conditions incompatible with the operation of flight than the effects of volcanic explosions resulting in blanket international flight bans affecting every airline.
UK
2 Mar 2011
17
Law Commissions Consider the Reform of Section 53 of the Marine Insurance Act
The Law Commissions of England/Wales and Scotland examine section 53 of the Marine Insurance Act 1906 ("MIA") which makes the broker directly responsible to the insurer for the payment of premium.
UK
24 Jan 2011
18
Court Assesses Tortious Liability Following Contractual Liability Ruling
The court examines the question of tortious liability for the purpose of a policy of liability insurance in "Omega Proteins Ltd v Aspen Insurance UK Ltd (2010)".
UK
24 Jan 2011
19
Beware of Misplaced Expectations in Reliance Recoveries
The English court confirms the factors to be taken into account when assessing a loss.
UK
17 Jan 2011
20
Argentina! Strikes, Frustration and "Force Majeure"
A review of the modern common law doctrine of frustration in the context of contract law.
UK
17 Jan 2011
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