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Attempts at digital transformation, which have sometimes been slow in Tunisia, are now forced and obliged to succeed in order to guarantee continuity of work, economy and even life during the country's lockdown. The digital transformation is a stron...

The English High Court, in the recent case Kairos Shipping Limited v. Enka & Co LLC & Others (Atlantic Confidence) [2013] EWHC 1904 (Comm), considered whether or not a tonnage limitation fund may be constituted by provision of a P&I club...

Introduction In the recent case of Trafigura v Navigazone Montanari, the Commercial Court was asked to decide whether, on its true construction,  an amended Trafigura In-Transit Loss clause (the “ITL Clause”) (as inserted into a Bee...

China’s Ministry of Commerce (“MOFCOM”) has refused approval for the proposed P3 joint venture between shipping companies Maersk Line, Mediterranean Shipping Company (“MSC”) and CMA CGM (“the Companies”). &n...

Guru Update – Mitchell – where we have all been getting it wrong! The Court of Appeal on Friday afternoon, handed down judgment in a series of appeals arising out of applications for Relief from sanctions, Denton & Ors v TH Whit...

The suggestion that ports are public bodies may seem a little strange. By far the greater majority are now private entities being either trust ports or private limited companies. But the position may not be quite as clear cut as it first looks. ...

In Firodi Shipping Ltd v. Griffon Shipping LLC (“The Griffon”) the Court of Appeal considered the decision of Teare J. reported in [2013] EWHC 593 (Comm). For our e-briefing article on Teare J’s decision in the Commercial Court,

Proton Energy Group SA ("Proton") v. Public Company Orlen Lietuva ("Orlen") [2013] EWHC 2872 (Comm) (the "Proton case") The Proton Case was first brought to the attention of the Commercial Court in February 2013, when an application for summary judg...

In Griffon Shipping LLC v. Firodi Shipping Ltd (The Griffon) Teare J considered, in the context of clause 13 of the standard form Norwegian Sale Form (“NSF”) 1993, where a buyer fails to pay the deposit under a memorandum of agreement, w...

A new online registration, certification and reporting system was recently introduced in the UK, applying to all employee share plans and arrangements. The first major deadline for online reporting is approaching (6 July 2015) and employers should b...

The Commercial Court was asked to consider whether a cargo of LNG could be a cargo injurious to the Vessel. The Facts By way of a Time-Charterparty dated 3 January 2011 AOM chartered the LNG Gemini (the “Vessel”) to Golar Commodities Ltd...

As the shipping community is truly internationally based, issues can often arise when a formal claim is issued in the English High Court that then has to be served outside the UK jurisdiction.  For example, if a dispute arises between a ship ow...

The changes to the Brussels Regulations apply to civil and commercial proceedings commenced on or after 10 January 2015 and are applicable in all 28 EU Member States. The Regulations determine the jurisdiction of commencement of litigation in Courts...

Synopsis Pursuant to a contract of sale (the “Contract”) the respondent seller (the “Seller”) agreed to build and sell to the claimant buyer (the “Buyer”) a 9,400 dwt chemical tanker, the Delivery Date (as defined...

Laporte v Commissioner of Police of the Metropolis [2015] EWHC 371 (QB); [2015] 3 Costs L.R. 471 In this case, the Court considered the extent to which a refusal to engage with alternative dispute resolution ("ADR"), (in this case med...

Reviewing the notification requirements in the InterClub Agreement in the wake of Ipsos S.A. v Dentsu Aegis Network Limited (previously Aegis Group plc) [2015] EWCH 1171 (Comm) The Background The recent decision in Ipsos S.A. v Dentsu Aegis Network ...

The Supreme Court’s decision in Zurich Insurance PLC UK Branch v International Energy Group Limited provides some clarity to the position of Clubs who face long-tail work related illness claims where multiple employers or insurers were involve...

(1) PST Energy 7 Shipping LLC and (2) Product Shipping and Trading S.A. v (1) OW Bunker Malta Limited and (2) ING Bank N.V. [2015] EWHC 2022 (Comm) In a well-publicised case, the High Court has ruled that shipowners are obliged to pay OW entities un...

In the recent case of ‘Avonwick Holdings Ltd v Webinvest Ltd and another’ [2014] EWCA Civ 1436, the Court considered whether or not correspondence marked “Without Prejudice and Subject to Contract” should be admitted in evid...

Bunge SA v Nidera BV [2015] UKSC 43 This case was first brought to the attention of the Commercial Court in June 2013, when an appeal on the ruling of the first arbitral panel was sought by the Claimant, Bunge SA (“Bunge”). The matter at...

The Court of Appeal’s decision in The South West Strategic Health Authority v Bay Island Voyages [2015] EWCA Civ 708 provides guidance on the application of the Athens Convention 1974 in contribution claims against carriers. The Facts On 26 Au...

The buzzword for the post-Brexit landscape both in Europe and further afield is ‘uncertainty’. No-one really knows the long term effect that Brexit will have on local and global economies. However, as the dust settles following the ...