It is a fundamental principle of English law that, when assessing damages for breach of contract, any damages awarded should compensate the innocent party for the loss of its contractual bargain. In other words, the innocent party should be put in the same position that it would have enjoyed had the contract been performed. The Commercial Court has now clarified that,
At the start of March, 451 shipyards had 4,995 units (1,000 GT and above) of 107.1m CGT on order. But beneath this, the story is very different when broken down by vessel sector. This month’s Shipbuilding Focus takes a look at the range of yard facilities currently constructing particular ship types.
The Helsinki Appeal Court recently overruled a Helsinki Maritime Court judgment regarding an oil pollution payment in 2013. The Finnish Border Guard, which imposes oil pollution payments, sought leave to appeal from the Supreme Court. The question behind the appeal for leave is whether the pollution payment is an administrative payment or a criminal penalty. A Panamanian vessel
The Association is grateful to Sativale Mathew Arun and Dughall Aitken of SPICA for contributing
In the recent case of Trafigura Beheer BV v Navigazione Montanari Spa , the Commercial Court considered whether a charterparty clause making Owners liable for in-transit loss covered loss where the cargo was stolen by pirates. This case involved a claim by Charterers against Owners for "in-transit loss" of part of a cargo of premium motor oil. The voyage in
The situation in Ukraine remains fluid and, with events moving quickly, very little is certain. At the time of writing, attention is focused on the Crimea with rumours of Russian naval vessels blockading the Kerch Straits which, if true, would quickly isolate the main port of Mariupol (see map below). At present, the US and EU appear committed to achieving a non-military solution to
An appeals court in the southern port of Aden upheld a 10-year jail term for 11 Somali pirates convicted
A Singapore shipping company agreed to pay a $1.2 million penalty after it admitted to illegally dumping
Trade & Export Middle East has named Clyde & Co's shipping and international trade team as the Maritime Law Firm of the Year
Two Italian marines accused of killing two Indian fishermen will still be tried in India, the foreign ministry said on Tuesday, a day
The Brussels Regulation governs the jurisdiction and enforcement of judgments in civil matters in the EU. The basic rule is that a defendant should be sued in the courts of the EU Member State in which it is domiciled. The jurisdictional rules of the Brussels Regulation are stated to apply to court proceedings only and not to arbitration. Conflicts of jurisdiction have, however,
The Indian government told the apex court on Monday that it would not use a tough anti-piracy law to prosecute two Italian
On February 5 2014, United States Court of Appeals issued summary order for OOO “Garant-S” v. Empire United Lines Co., Inc.
The subject vessel, a new build which had just entered service, was chartered on an amended NYPE form for one time charter trip. Clause 29 of the charter, dealing
In this case, the Commercial Court reminded unsuccessful arbitration parties that appeals under s.68 Arbitration Act 1996 are only for extreme cases where the Tribunal has gone so wrong in its conduct of the arbitration that justice calls out for it to be corrected. The Court will not assist an appellant if the Tribunal reaches a conclusion on facts that the appellant
The Athena was a dispute about the meaning of the familiar NYPE off-hire clause (clause 15). The Commercial Court decision gave rise to a lot of controversy. It went against conventional principles for determining whether a vessel is off-hire. The talking point of the decision was the meaning given to the words “time thereby lost”, allowing Owners to defeat an off-hire claim on
Two Italian marines accused of allegedly killing two fishermen off Kerala coast opposed the filing of charges against them under an
In this recent decision, the English Court repeated the principles that it will apply when asked to construe commercial contracts.
With the Ballast Water Management Convention 2004 (the “Convention”) likely to enter into force in the near future, the
Rome harshly criticised an Indian decision to try two Italian marines accused of killing two fisherman