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This session will cover an introduction to these agreements and the ESFA Funding rules which underpin them. We will also cover topics such as:...

Trustees and providers of pension schemes face ever increasing and changing legal duties to have policies on and disclose how they deal with stewardship and environmental, social and governance (ESG) issues. This article pulls the new rules together...

This speedbrief outlines the current state of play on some important issues relating to trusteeship, following on from the Pensions Regulator’s Future of trusteeship and governance consultation response this month and recent ind...

“The Chinese Communist Party must end its pattern of bullying Southeast Asians out of offshore oil, gas, and fisheries,” said Adm. John Aquilino.

The annual report published by BIS on trade union membership has just been published and contains new statistics for 2010. As in previous years, it tracks an ongoing decline in trade union membership levels and, similarly, a fall in the number of em...

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...

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,

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...

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 ...

In the global jostling amid the coronavirus crisis, Beijing is extending its influence while U.S. President Donald Trump continues to squander America's leadership role. The pandemic could mark the beginning of a new Chinese era.

Daehan Shipbuilding, a mid-sized shipbuilder in Haenam, South Jeolla Province, is seeing its order booking volume rise fast. During the first half of this year, the company won orders that exceeded twice the annual goal. Unlike any other shipyards that stopped operations of docks, Daehan has secured orders worth more than two years. It is also increasing hiring, which is rare in the shipbuilding industry. Daehan clinched deals of building 14 "Aframax" ships (115,000 metric tons) during the fi...

Hdac Technology AG(Hdac) together with Dream Global Partners (DREAMChain), held a business agreement ceremony on August 16th establishing the foundation of a comprehensive partnership to expand and incorporate blockchain-based real estate enterprises world-wide.The ceremony was held on the 3rd floor of Hdac office building, with Hdac Technology Korea CEO, Michael Yoon, Dream Global Partner’s President, Pietro A. Doran, and Dream Global Partner’s co-founder/Chief Crypto-Economics Officer, Samson ...

Background In Compania Sud Americana de Vapores SA (“CSAV”) v. Hin-Pro International Logistics Ltd (“Hin-Pro”)1 the Court of Appeal considered the decision of Cooke J reported in [2014] EWHC 3632 (Comm). The central question ...

A new set of rules, the York Antwerp Rules 2016 (the “YAR 2016”) has been adopted by the Comité Maritime International.  They are based on the previous versions of the York Antwerp Rules (the “YAR”) with some nota...

Anzen Limited & Another v Hermes One Limited In the case of Anzen Limited v Hermes One Limited [2016] UKPC 1, the Privy Council considered the use of permissive language in an arbitration clause.  Specifically, the Council considered what o...

It is becoming increasingly common for a buyer to engage a third party service provider to supervise the construction of a new vessel on its behalf. However to date there has been no standard form contract upon which the buyer and supervisor could b...

Introduction It is always important to establish whether or not communications with the opposing party in a dispute are truly without prejudice (“WP”). If a communication is deemed not to be protected by WP privilege, a party exposes the...

On 12 August this year, the Insurance Act 2015 will introduce the most significant changes to insurance law in 110 years – how will it affect the shipping industry? The Act applies to all insurance policies taken out by businesses which are subject ...

The Foreign Limitation Periods Act 1984 (the “Act”) sets out the procedure to be followed when a claim is proceeding in the courts of England and Wales and the laws of any other country apply. Given the international nature of the shipping industry,...

On 6 April 2016, BIMCO and the International Group of Liquified Natural Gas (“LNG”) Importers (“GIIGNL”) jointly issued a standard form voyage charterparty designed for use in the LNG trade. Its introduction is said to be spe...

Reviewing the law and the impact on it of both the arguments in the Anna Bo [2015] 2 Lloyd’s Rep 578 and the Congenbill 2016 form The issue Bills of lading often include wording which purports to incorporate charterparty terms. Attempts to inc...

Suez Fortune Investments Ltd and another v Talbot Underwriting Ltd [2016] EWHC 1085 (Comm) Introduction On the 15 January 2015, the English Commercial Court handed down a decision that highlights the importance of compliance with disclosure obligati...

In this case, the Court of Appeal provided a long awaited decision answering whether a charterer’s failure to pay an instalment of hire punctually is a breach of condition under a time charterparty thus enabling the shipowner to terminate the ...

Summary On 7 November 2019 the EDPS issued guidance on how to determine who is a controller, processor and joint controller. The EDPS is an independent supervisory authority whose primary objective is to ensure EU institutions and bodies respect the...