Two recent Commercial Court judgments have considered the implication of contractual terms, with notably differing outcomes. The question of whether or not a term can be implied into a contract often gives rise to dispute, so we welcome this opportunity to consider the principles relating to implied terms in the context of these two recent examples. Podcast by Philippa Langton.
The recent Commercial Court decision in Navision Shipping A/S v. Precious Pearls Ltd and Conti Lines Shipping NV v. Navision Shipping A/S (m.v. Mookda Naree)  EWHC 558 (Comm) tackles issues relating to off-hire during a period of arrest. The judgment demonstrates how a minor difference in the wording of an arrest clause can have a significant impact on the hire position. Podcast by Laura Star.
The London Maritime Arbitrators Association (“LMAA”) has recently updated its terms of procedure. The new terms came into effect on 1st May, 2021 and apply to arbitrations started on or after that date. Podcast by Rebecca Rowe.
On 15th April, 2021, the US took multiple sanctions actions targeting “aggressive and harmful activities by the Government of the Russian Federation” under a new Executive Order (“EO”). Podcast by Efcharis Rocanas.
The IMO has mapped out an ambitious pathway towards a carbon neutral industry. In this podcast, the first in our “Green Shipping” series, we outline the various stages that lie ahead and anticipate some of the practical and contractual challenges for our Members. Podcast by Philippa Langton.
In this podcast, we look at the court’s powers to impose sanctions on a party for failing to comply with its orders, how those powers work and how witnesses and parties can avoid falling foul of the rules and ending up in contempt of court. Podcast by Philippa Langton.
This podcast discusses the recent judgment of the English Commercial Court in Pisante v Logothetis in relation to a security for costs application. The judgment provides useful guidance regarding the circumstances in which the court will award security for costs where claimants are domiciled out of the jurisdiction. Podcast by Philippa Langton.
In response to the recent military coup in Burma, the US has imposed sanctions and property blocking orders against certain parties involved in “the assault on Burma’s transition to democracy”. Podcast by Efcharis Rocanas.
It is common for parties to reserve their rights in general terms where a dispute is developing. This is often thought to protect a party’s rights under the applicable charterparty. However, in a recent case, the High Court held that the charterer had lost its entitlement to rescind the charterparty for misrepresentation, even though the charterer had expressly reserved its rights. Podcast by Philippa Langton.