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Banwo & Ighodalo | Nigeria | 24 Jul 2019

Drilling rigs are not vessels: Court of Appeal pronounces

The contention on the applicability of the Coastal and Inland Shipping (Cabotage) Act, 2003 (the "Cabotage Act") to Drilling Rigs, particularly on…
Commentary
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Clifford Chance | United Kingdom | 7 Jun 2018

Court of Appeal rules on arbitrators' duty to disclose

The Court of Appeal recently found that there was no appearance of bias where an arbitrator had accepted multiple arbitral appointments from one party to several arbitrations where the subject matter of the arbitrations was the same or overlapping. Nevertheless, the court held that the arbitrator had had a duty in law and as a matter of good practice to disclose issues where there was a real......
Article
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DAC Beachcroft | United Kingdom | 6 Apr 2017

Part 36 - Cost Consequences for misbehaviour

Defendants, and litigants who behave appropriately, will be encouraged by the outcome of Transocean Drilling UK ltd v Providence Resources plc (2016)…
Article
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Squire Patton Boggs | United Kingdom | 15 Jul 2016

Court of Appeal takes robust approach to the construction of an exclusion clause

The UK Court of Appeal has adopted a robust approach to the construction of an exclusion clause, rejecting some of the more traditional 'rules' of…
Article
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DAC Beachcroft | United Kingdom | 24 Jun 2016

Exclusion of Liability for Consequential Loss and the Role of the Contra Proferentem Rule

In the recent case of Transocean Drilling U.K. Ltd v Providence Resources plc (2016) EWCA Civ 372 upheld the allocation of risk provisions and…
Article
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RPC | United Kingdom | 3 Jun 2016

"When in Doubt, Spell it Out"- exclusion clause in offshore drilling contract upheld

The recent Court of Appeal decision in Transocean Drilling UK Ltd v Providence Resources Plc regarding the construction of a consequential loss…
Article
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Shepherd and Wedderburn LLP | United Kingdom | 2 Jun 2016

Knock-for-knock indemnities in commercial contracts

The Court of Appeal has recently considered the application of a knock-for-knock indemnity to exclude liability for consequential loss. Its decision…
Article
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HFW | United Kingdom | 11 May 2016

Case update: Transocean Drilling UK Ltd v Providence Resources PLC

The Court of Appeal (CA) has disagreed with the High Court's controversial first instance decision and found that a claim for spread costs was in…
Article
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Hogan Lovells | United Kingdom | 5 May 2016

Drilling Rig Contracts - Return to the Status Quo on the Exclusion of Liability for "Spread Costs"

In an important decision for the oilfield services industry, the English Court of Appeal has overturned a Commercial Court decision restricting the…
Article
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Burr & Forman LLP | USA | 2 May 2016

Second Circuit Issues Amended Order Affirming Dismissal in Transocean

On April 29, the United States Court of Appeals entered an amended order (previously decided on March 17, 2016) that affirmed the decision of the…
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