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Seller of defective goods entitled to maintain claim for price
In this case, the Sellers were able to claim payment for goods delivered notwithstanding that they were alleged to be defective and the sale contract contained a retention of title clause.
“Zoned out”: Court confirms applicable time zone for notification of demurrage claims
The Court has confirmed that, in the absence of express provision in a voyage charterparty stating how time should be computed in calculating the period for the notification of demurrage claims, the local time and date at the place of discharge determines the date of completion of discharge.
New DIAC Decree aims to streamline arbitration in Dubai: Your questions answered
Decree No. 34 of 2021 concerning the Dubai International Arbitration Centre recently came into force, making a number of changes to the arbitration landscape in Dubai. We seek to answer a number of important questions here.
Consolidation of Dubai’s arbitration centres - The impact on maritime arbitration in the region
Decree No. (34) of 2021 (“the Decree”) on the Dubai International Arbitration Centre (“DIAC”) was recently issued.
New DIAC Decree aims to streamline arbitration in Dubai
On 14 September 2021 the Government of Dubai issued Decree No. 34 of 2021 concerning the Dubai International Arbitration Centre (the “Decree”), together with the Statute of Dubai International Arbitration Centre (the “Statute”).
Resolution to safeguard seafarers in the UAE
The UAE is a shipping hub and, as a result, it is a jurisdiction that has experienced its fair share of abandoned vessels and crew. There have been a number of positive developments in addressing such issues.
Buyer not entitled to reject off-specification fuel oil
Galtrade Limited v. BP Oil International Limited [2021] EWHC 1796 (Comm). In considering a buyer’s claim for wasted expenditure relating to a cargo of off-specification low sulphur straight run fuel oil (“SRFO”), the Court found that the Buyer was not entitled to reject the cargo and was, therefore, in repudiatory breach of contract.
English Court upholds LOU jurisdiction provision, notwithstanding Singapore limitation proceedings
Enemalta Plc v. Standard Club Asia Ltd (MV Di Matteo) [2021] EWHC 1215 (Comm). The English Court has dismissed a P&I Club’s challenge to its jurisdiction.
A distinction with a difference: Court of Appeal finds conflict between contractual terms
When reporting last year on the Commercial Court judgment in this case, we commented that it is common in commodity contracts for the parties to agree their main commercial terms in a recap and then to refer to and incorporate industry standard terms in order to complete the contractual arrangements. The challenge then is how to interpret the resulting contract.
Court considers unclear dispute resolution clause in charterparty
Armada Ship Management(s) Pte Ltd v. Schiste Oil and Gas Nigeria Ltd (Armada Tuah 101) [2021] EWHC 1094 (Comm). In this case, the dispute resolution clause in the charterparty was unclear because of the manner in which amendments had been made to its standard terms.
Success with subrogation in the UAE
Insurers often perceive subrogated recoveries as challenging and uncertain in this region and that can be true to some extent.
Court discharges freezing order in unsubstantiated misdelivery claim
Fimbank PLC v. Discover Investment Corp (Nika, renamed Nord) [2020] EWHC 254 (Comm). The Court has discharged a freezing order that was originally granted on an ex parte basis.