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Chada Naree: passing costs liability down a charterparty chain
- Ince & Co LLP
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- United Kingdom
- -
- 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
Pacific Champ: lack of consensus prevents both charterparty and arbitration agreement coming into existence
- Ince & Co LLP
- -
- United Kingdom
- -
- 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
English High Court upholds two challenges to jurisdiction
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- 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
- -
- United Kingdom
- -
- 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
- -
- 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
- -
- 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
“West Tankers” saga continues: court rejects tribunal’s finding that it did not have jurisdiction to award damages for breach of an obligation to arbitrate
- Herbert Smith Freehills LLP
- -
- European Union, United Kingdom
- -
- April 18 2012
In the most recent of a long running series of decisions arising from a collision between the Appellant’s vessel, the “Front Comor”, and a Sicilian pier owned by the vessel’s charterers, the English court has found that the majority of the tribunal was wrong to decline jurisdiction over a claim for equitable damages for breach of an arbitration clause
Law and morality: unwinding contracts for lawful but unethical conduct
- RPC
- -
- United Kingdom
- -
- April 17 2012
A recent case shows how - even in the cut and thrust of commercial dealings - lawful but illegitimate conduct may in certain circumstances render an underlying agreement voidable
Shipping bulletin January 2012
- Stephenson Harwood LLP
- -
- United Kingdom
- -
- February 16 2012
Charter on an amended NYPE 1946 form provided that all cargo claims to be settled as per ICA 96
Court of Appeal affirms West Tankers pro-arbitration decision endorsing an arbitral award in the face of a possible inconsistent Italian judgment
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- January 26 2012
On 24 January 2012, the Court of Appeal handed down its keenly awaited decision in West Tankers Inc v Allianz SPA & Generali Assicurazione Generali SPA 2012 EWCA Civ 27
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- Workarea - Arbitration

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