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Enforceability of English arbitration agreements and a cautionary tale on SAFE registration in China

Ince & Co LLP
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China, United Kingdom
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June 7 2013

This decision answered the question of whether a London arbitration agreement contained in a guarantee governed by English law would be unenforceable

Court considers whether owners had affirmed a charter by allowing discharge before withdrawal for non-payment of hire

Reed Smith LLP
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United Kingdom
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June 4 2013

In White Rosebay Shipping SA v Hong Kong Chain Glory Shipping Ltd 2013 EWHC 1335 (Comm), Owners appealed against an arbitration decision stating

Tribunal rules on liability between Owners and Charterers where cargo was contaminated with fuel oil

Reed Smith LLP
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United Kingdom
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May 30 2013

Charterers faced cargo claims arising from the contamination of containerised cargo with fuel oil. Charterers settled these

Tribunal considers broker’s authority to fix vessel on behalf of owners

Reed Smith LLP
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United Kingdom
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May 7 2013

The Tribunal was required to decide whether the parties to the arbitration had in fact concluded a fixture. At the time they were both interested in

Pacific Champ: lack of consensus prevents both charterparty and arbitration agreement coming into existence

Ince & Co LLP
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United Kingdom
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April 25 2013

The Commercial Court has set aside a maritime arbitration award on the basis that there was no consensus between the parties regarding the fixture of

Chada Naree: passing costs liability down a charterparty chain

Ince & Co LLP
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United Kingdom
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April 25 2013

The judgment in this case deals with the recoverability of the costs of an arbitration as damages in a series of arbitration references

English High Court upholds two challenges to jurisdiction

Herbert Smith Freehills LLP
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United Kingdom
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March 22 2013

The English High Court has recently set aside two arbitration awards under section 67 of the Arbitration Act 1996 (1996 Act) on the grounds of lack

Warranty to insure creates an assumption of risk and responsibility

Edwards Wildman Palmer LLP
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United Kingdom
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March 15 2013

In Bunga S.A. v. Kyla Shipping Company Limited 2012 EWHC 3522 (Comm), the Commercial Court considered whether an arbitrator had made an error of

Transport Sector Update: Shipping - Arbitration agreement has no effect before the Brussels Regulation?

Eversheds LLP
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United Kingdom
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June 14 2012

It is not uncommon for parties to a charterparty (or other carriage of goods or transport contract) to agree to a law and jurisdiction clause, or an arbitration clause, such as one providing for reference of disputes to London arbitration, with English law to apply

Lawful acts can amount to economic duress, rendering a contract voidable

Borden Ladner Gervais LLP
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United Kingdom
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June 12 2012

The lawful conduct was hard bargaining (generally OK in a commercial setting) but it amounted to economic duress in Progress Bulk Carriers Ltd v Tube City IMS LLC, 2012 EWHC 273 (Comm

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Enforceability of English arbitration agreements and a cautionary tale on SAFE registration in China

Court considers whether owners had affirmed a charter by allowing discharge before withdrawal for non-payment of hire

Tribunal rules on liability between Owners and Charterers where cargo was contaminated with fuel oil

Tribunal considers broker’s authority to fix vessel on behalf of owners

Pacific Champ: lack of consensus prevents both charterparty and arbitration agreement coming into existence

Chada Naree: passing costs liability down a charterparty chain

English High Court upholds two challenges to jurisdiction

Warranty to insure creates an assumption of risk and responsibility

Transport Sector Update: Shipping - Arbitration agreement has no effect before the Brussels Regulation?

Lawful acts can amount to economic duress, rendering a contract voidable

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