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The Court of Appeal’s recent decision in Olympic Airlines SA (in special liquidation) v ACG Acquisition XX LLC [2013] EWCA Civ 369 gives welcome comfort to lessors that properly drafted Certificates of Acceptance will provide...more
Kuwait Rocks Co v AMN Bulkcarriers Inc (The Astra) [2013] EWHC 865 (Comm) - On 18 April 2013, Flaux J handed down his judgment in Kuwait Rocks Co v AMN Bulkcarriers Inc (The Astra). The judgment provides long-awaited...more
In This Issue: ARBITRATION ... 3 - The Commercial Court considers the exceptional circumstances in which the English court may grant an injunction restraining an arbitration with a foreign seat ... 3 -...more
In This Issue: BIMCO...3 BIMCO publishes Wreckhire 2010...3 CIVIL PROCEDURE...4 High Court grants relief from sanctions where the deadline for service of a witness statement was a bank holiday,...more
In This Issue: 1 Carriage Of Goods . . . 3 1 . 1 Court Of Appeal Considers The Meaning And Reasonableness Of The ‘No Set-Off’ And ‘Time Bar’ Clauses In The British International Freight Association Terms . . . 3 2...more
Pacific Indemnity Company v. Pickens Kane Moving & Storage Ninth Circuit Court of Appeals (April 20, 2011) The Carmack Amendment, 49 U.S.C. § 14706, regulates the liability of shippers and carriers for household goods...more
In This Issues: 1 ARBITRATION . . . 3 1 . 1 COURT OF APPEAL ALLOWS SERVICE OF AN ARBITRATION CLAIM FORM ON THIRD PARTIES OUT OF THE JURISDICTION . . . 3 2 CONTRACT . . . 4 2 . 1 ADMIRALTY COURT RULES...more
Covered in this issue 1 ARBITRATION . . .3 1 . 1 COMMERCIAL COURT CONSIDERS THE CIRCUMSTANCES IN WHICH IT MAY GRANT SECURITY WHERE A PARTY IS CHALLENGING THE JURISDICTION OF THE TRIBUNAL . . . 3 1 . 2 HIGH COURT...more
IN THIS ISSUE: 1. Can a Vessel be arrested for a Forward Freight Agreement claim in China? 2. Changes to Port State Controls 3. A Second Bite at the Litigation Cherry: “Collateral Attack” 4. The Maritime Labour...more
In This Issue 1 ARBITRATION ...3 1.1 COURT OF APPEAL CONFIRMS THAT SECTION 72 ARBITRATION ACT 1996 IS NOT RESTRICTED TO PROCEEDINGS CONCERNING THE TRIBUNAL’S SUBSTANTIVE JURISDICTION ...3 1.2 ONLY THE AWARD AND...more
In This Issue: 1 COSTS...2 1.1 COURT CONFIRMS ITS JURISDICTION TO HEAR APPLICATION FOR AN ORDER THAT THERE BE NO ORDER AS TO COSTS FOLLOWING DISCONTINUATION OF ACTION ...2 2 DAMAGES ...4 2.1 HIGH COURT...more
Our previous client alert on this issue, "Are you presented at the loading port in readiness to load? Clarification of buyer's obligation under FOB contracts" (Alert 09-275) provided an update on a High Court ruling, which...more
In This Issue: 1 ARBITRATION...3 1.1 WHAT AMOUNTS TO TAKING A STEP IN PROCEEDINGS FOR THE PURPOSES OF SECTION (9)3 OF THE ARBITRATION ACT...3 1.2 ICSID TRIBUNAL HAS JUSRISDICTION OVER INVESTMENTS RELATING TO A...more
Interlocutory Order Granting Summary Judgment in breach of transportation brokerage contract, suit for fraud, breach of common law duty to pay for delivered freight by de facto consignor and de facto consignee, and other...more
Motion For Summary Judgment that addresses breach of transportation contract, breach of transportation broker's fiduciary duties, fraud, violations of Texas Theft Liability Act, Texas Deceptive Trade Practices Act, common law...more
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