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Gan Partnership | Malaysia | 14 Sep 2021

Covid-19 act: inability to perform contractual obligations is tested in courts

Part II of the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Act 2020 offers relief to contracting parties that cannot perform contractual obligations. However, there are many uncertainties in the legal and business sectors regarding the precise scope of its operation. The cases discussed in this article show that the courts have generally been vigilant in......
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Wikborg Rein | Norway | 11 Aug 2021

Shipbuilders' interpellation right – obtaining clarity regarding delayed shipbuilding projects

For various reasons, delays often occur in shipbuilding projects, thus creating a need for clear regulation of the parties' rights and obligations. The "interpellation right" entitles the builder to require the buyer to elect to either accept delivery of the delayed newbuild on a specified, new date or cancel the contract forthwith. Where there is a risk of cancellation by the buyer, the......
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RPC | United Kingdom | 3 Aug 2021

When will courts step in to correct contractual mistakes?

The court will intervene to correct a drafting mistake only if the contractual provisions are "nonsensical or absurd". The Court of Appeal recently considered this issue in a dispute between a landlord and a tenant. Contracting parties should ensure that the language of their agreements accurately reflects the intended terms.
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AKD | Netherlands | 27 Jul 2021

"As is where is" – can it be relied on?

Parties often agree to the sale of a vessel under "as is where is" conditions. However, even if this provision is interpreted to the effect that no guarantee of quality is given, it is not easily accepted as an exoneration of the seller against any and all claims by the buyer.
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AKD | Netherlands | 21 Jul 2021

"As is where is" – can it be relied on?

Parties often agree to the sale of a vessel under "as is where is" conditions. However, even if this provision is interpreted to the effect that no guarantee of quality is given, it is not easily accepted as an exoneration of the seller against any and all claims by the buyer.
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Nagashima Ohno & Tsunematsu | Japan | 27 Mar 2019

Fixed overtime payment arrangements

Under Japanese law, employers must – in principle – pay an allowance to employees who work more than eight hours per day or 40 hours per week. As such, from an employer's perspective, it is practical to include an employee's overtime allowance in their base salary where possible. However, for an employee's overtime allowance to be validly included in their base salary, certain requirements......
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RPC | United Kingdom | 26 Mar 2019

Defendants need not make reasonable enquiries of third parties where they cannot admit or deny allegations

A recent case before the Court of Appeal provides clear guidance that a defendant may properly plead that it is unable to admit or deny an allegation in circumstances where the allegation's truthfulness or falsity is neither within the defendant's factual knowledge nor capable of being determined from documents or other information available to it.
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Porzio Ríos García | Chile | 13 Mar 2019

Change of Supreme Court doctrine regarding limitation periods in employment actions

The Supreme Court recently decided a variation on limitation periods for employment actions – the so-called 'content doctrine' – which stresses the nature of relief sought by plaintiffs. However, the doctrine is problematic, as it implicitly extends limitation periods by calculating them from the date of termination of employment and not from the date on which any wrongdoing was committed.
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Elias Neocleous & Co LLC | Cyprus | 6 Mar 2019

International Safety Management Code – instructions for recognised organisations

The Cyprus Flag Administration recently imposed additional requirements on the development, implementation and certification of safety management systems over and above those which have been set out in the International Safety Management Code since 1998. The consolidated edition of the additional requirements replaces a previous version published in 2006 and recognised organisations are......
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RPC | United Kingdom | 5 Mar 2019

Enforceable oral contracts – Supreme Court looks to conduct and context

The Supreme Court recently showed that it is reluctant to find an agreement too vague or uncertain to be enforced where the parties intended to be contractually bound and acted on their agreement. In these proceedings, three courts came to differing conclusions, which highlights the difficulties inherent in assessing contract formation and implied terms, especially where there is no agreement......
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