International Trading Disputes – Enforcement of Foreign Arbitration Awards and Underlying Illegality

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TM Law’s Simon Church considers the recent decision of the Court of Appeal in RBRG TRADING (UK) LTD V SINOCORE INTERNATIONAL CO LTD [2018] EWCA Civ 838 regarding enforcement of a China Arbitration Award issued by CIETAC. Background The claim concerned a shipment of 14,500 MT rolled steel coils which the Appellant, RBRG, had agreed... Read more »

Stuck on a sinking ship? New restrictions on enforcing ipso facto insolvency clauses

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So-called “ipso facto” (‘by the fact itself’) insolvency clauses are contractual provisions that allow a party to unilaterally amend, suspend or terminate a contract where a contract-partner becomes insolvent or is placed into administration, receivership or liquidation.  Widely used in transport and logistics contracts including charter parties, contracts of affreightment, terminal services agreements and freight... Read more »

When is Management of Cargo in fact Management of the Vessel?

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TM Law’s Simon Church discusses the recent decision of the Commercial Court in CLEARLAKE SHIPPING PTE LTD v PRIVOCEAN SHIPPING LTD on the scope of the exception to Owners’ liability for neglect or default of the Master in “management of the ship”. The Facts Under a Time Charterparty on the NYPE 1946 Form, and incorporating... Read more »

Recent decisions on the Inter-Club New York Produce Exchange Agreement 1996 (the “ICA”)

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TM Law’s Nico Saunders examines some recent decisions, and their significance for claims handled under the ICA. Introduction The ICA is designed to facilitate settlement of cargo claims as between Owners and Charterers, to avoid arbitration and protracted discussion by providing a more or less mechanical apportionment of liability depending on the nature of the... Read more »

When is a demurrage claim, for time spent waiting for Charterers’ orders, time barred?

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TM Law’s Charles Patterson examines the recent case of ‎‎ LUKOIL ASIA PACIFIC PTE LTD v OCEAN TANKERS (PTE) LTD [2018] EWHC 163 (Comm)‎ when a Partial Award on this topic was appealed to the High Court in London.  The contract terms The charterparty fixture recap in question incorporated the ExxonmobilVoy2005 form. The recap also... Read more »

Australian Government seeks submissions on the ratification of the Athens Convention, as amended by the 2002 protocol

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Ship passengers and industry participants have been invited to make submissions to the Department of Infrastructure and Regional Development (Infrastructure) in relation to Australia’s possible ratification of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974, as amended by the 2002 Protocol (Athens Convention). The consultation has been implemented... Read more »

General Average Judgments of 2017

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TM Law’s marine team frequently advises clients on General Average and related issues. Here, Nico Saunders reviews three interesting decisions from among a spate of recent cases on GA. 1. THE “JIA LI HAI” [2017] EWHC 2509 - Knowles J This case arose following a collision. In response to the owner’s claim for general average... Read more »

Alexis Cahalan Highlights Global Supply Chain Weakness to Cyber Attack

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TM Law’s Alexis Cahalan recently addressed the Trans-Pacific Asia Conference, held in Shenzhen, on cyber risks. Alexis was invited to speak by TT Club, the leading international freight transport insurer, to highlight concerns over the frailty of the global supply chain when faced with cyber-attack. The presentation emphasized the logistics and freight forwarding community’s particular... Read more »

Checking the T’s and C’s

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In the same week in October 2017, the District Court of New South Wales and the Australian Federal Court both handed down decisions in relation to the Australian Consumer Law (ACL) legislation.  The decisions relate to the activities of both a transport operator and a freight forwarder and highlight aspects of the consumer law as... Read more »