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Article
Letters of indemnity and the charterers’ obligation to provide security to release vessel from arrest
The recent case of Trafigura Maritime Logistics v Clearlake Shipping is an illustration of the English Commercial Court’s ability to provide prompt action in urgent…
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Article
Does the ‘prevention principle’ apply if parties have made provision for a time extension?
A review of a recent dispute between a shipyard and the buyers.
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Article
Time Bar clauses in charterparties
Standard form charterparties frequently contain clauses requiring claims to be submitted within an agreed time limit, together with supporting documents. In three …
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Article
London arbitration agreement was governed by English law and could be enforced by anti-suit injunction
When an international contract is governed by the law of one country but provides for disputes to be referred to arbitration in another, this can lead to difficult …
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Article
General average: negligent passage planning can lead to unseaworthiness
We previously reported on the Admiralty Court’s decision in the case of the “CMA CGM Libra” to deny the owners’ claim for General Average contributions on the groun…
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Article
Bill of lading: party named as “shipper” was not a party to contract of carriage
The mv “Nortrader” loaded a cargo of a waste product known as unprocessed incinerator bottom ash (UIBA) at Plymouth (UK) for carriage to the Netherlands for reproce…
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Article
Shipping litigation during uncertain times
The coronavirus pandemic has caused a number of enquiries about the legal consequences of delay or cancellation of shipping and commodity contracts, vessel sales, f…
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Article
A general average claim: what makes a vessel unseaworthy?
How a claim for general average was denied as a defective passage plan made the vessel unseaworthy.
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Article
When charterers fail to challenge invoices in time
The case of Boskalis Offshore v Atlantic Marine (the “Atlantic Tonjer”) highlighted the importance of challenging invoices within the agreed number of days.
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Article
Was deck cargo loss excluded by bills of lading?
A report on Aprile SpA v Elin Maritime Ltd, and whether liability for loss of cargo can be excluded by the insertion of an exceptions clause into the bill of lading.