Searching Content indexed under Corporate and Company Law by Ince & Co ordered by Published Date Descending.
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Global Anti-Corruption Update January 2015 – What’s New?
With corruption increasingly hitting the headlines (think GlaxoSmithKline in China and Qatar's World Cup bid), in early December 2014, the OECD issued a new report on corruption, highlighting the scale of bribery worldwide.
13 Feb 2015
Piercing The Corporate Veil: Supreme Court Clarifies The English Law Position
The Supreme Court has recently issued a decision confirming that English law permits a claimant to ignore the separate legal identity of a company, and "pierce the corporate veil" in certain circumstances.
25 Sep 2013
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.
18 Feb 2013
Commercial Dispute Resolution In China
Ince & Co Partner Peter Murray Contributed To The Chapter On "China," In Arbitration World 4th Edition.
25 Oct 2012
Bringing An Action For The Price Of Goods/No Set-Off Means No Set-Off
This Commercial Court decision highlights some interesting issues arising in the context of a sale of goods dispute.
23 Sep 2012
Construing The Strike Exception In An AmWelsh Charterparty (Update)
The Court of Appeal in this case has decided an appeal in relation to an important question in the context of voyage charterparties, namely whether a strike exception to the running of laytime applies to stop laytime running (i) where the vessel is delayed by the after-effects of a strike which has ended; (ii) where the vessel has arrived after the strike has ended and (iii) where the vessel is delayed in berthing due to congestion that has arisen as a result of the strike.
14 Aug 2012
When Is It Unreasonable To Withhold Your Consent?
Defining what is meant by "reasonable" in contracts governed by English law is rarely straightforward.
27 Jul 2012
The Commercial Court Considers Various Issues Relating To The Conclusion Of Binding Contracts Of Carriage And The Commencement Of Arbitration Proceedings
In this case, the Commercial Court looked at the parties’ long-standing chartering arrangements and at the way bills of lading were issued.
11 Jun 2012
Dishonest But Not Disowned: Despite The High Court Finding One Party Guilty Of Fraudulent Conduct In An Arbitration, The Arbitral Award Was Allowed To Stand
In this recent case, the Commercial Court held that despite Gaztransport et Technigaz SAS ("GTT") committing fraud in the underlying arbitration
1 Jun 2012
Duress In Commercial Contracts - Crossing The Rubicon Of Illegitimate Pressure
This was an appeal to the High Court from an arbitration, in which the tribunal had been asked to consider whether a settlement agreement was voidable for duress.
17 Apr 2012
Commercial Court Confirms Arbitral Tribunal Can Award Damages For Breach Of The Obligation To Arbitrate
On an appeal from an arbitration award, the Commercial Court was asked to consider whether an English arbitral Tribunal is deprived of jurisdiction, by reason of European law, to award damages (and/or an indemnity) for breach of an obligation to arbitrate.
11 Apr 2012
Excluding Liability For Implied Conditions Under The Sale Of Goods Act: Distinguishing The Mercini Lady
Under English law, limitation of liability and exclusion clauses are interpreted strictly against the party relying on them.
7 Mar 2012
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.
23 Nov 2011
Construing The Strike Exception In An Amwelsh Charterparty
The Commercial Court in this case has decided as a preliminary issue an important question in the context of voyage charterparties, namely whether a strike exception to the running of laytime applies to stop laytime running (i) after the strike has ended; and (ii) where the vessel is delayed in berthing due to congestion that has arisen as a result of the strike.
16 Jun 2011
The New Lloyd’s Open Form 2011
A new edition of the Lloyd’s Standard Form of Salvage Agreement, better known as the Lloyds Open Form ("LOF"), has recently been published. It will be known as LOF 2011.
9 Jun 2011
The Status Of Interim Arbitration Awards: Are They "Provisional" Or "Partial"?
The issue in this case was whether the Claimant could rely on s.79 of the Arbitration Act 1996 (the "Act") to extend a time limit under the arbitration rules of the Coffee Trade Federation Limited (the "CTF").
24 May 2011
The Primacy Of No Set-Off Clauses In Bunker Supply Contracts
This case related to various claims under a bunker supply contract which contained a no set-off clause. Such clauses are common in the oil supply industry and the English courts tend to take a stringent approach to their application.
24 May 2011
Letters Of Credit: Issuing Bank's Limited Liability As Consignee Under The Bills Of Lading
This Commercial Court decision is the latest in a line of judgments from the English courts dealing with various disputes arising out of five letters of credit that were opened by the Indian Overseas Bank at the request of an Indian government-owned company, MSTC, whose role includes assisting Indian companies to purchase steel scrap from abroad.
9 May 2011
Court Of Appeal Upholds GAFTA Jurisdiction Finding
The background to this litigation arose out of a claim in GAFTA arbitration proceedings by Toepfer against Broda for alleged breach of a contract for the supply of milling wheat.
16 Nov 2010
The Bribery Act 2010: Briefing and Guidance
The Bribery Act 2010 comes into force in April 2011 against the background of increasing international pressure for a concerted crackdown on bribery and corruption, exemplified by the OECD Convention on Combating Bribery of Foreign Public Officials, to which the UK signed up in 1998, and the judicial view that "There can be no doubt that corruption of foreign government officials or foreign government ministers is at the top end of serious corporate offending."
26 Oct 2010
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