- Home/Publications/Lloyd's Maritime Law Newsletter
Seagrain LLC v Glencore Grain BV – Court of Appeal (Rimer, Beatson and Gloster LJJ) [2013] EWCA Civ 1627 – 12 December 2013
Sale of goods – Contract for sale of feed wheat of Ukrainian or Russian origin c&f Haifa or Ashdod – Russian wheat subject to export ban – Whether sellers discharged from liability pursuant to GAFTA Prohibition Clause – Meaning of “executive act”
Online Published Date:
14 January 2014
Appeared in issue:
890 - 10 January 2014
Wuhan Guoyu Logistics Group Co Ltd and Another v Emporiki Bank of Greece SA (No 2) – Court of Appeal (Longmore, Rimer and Tomlinson LJJ) [2012] EWCA Civ 1679 – 19 December 2013
Guarantee
– Bank paying shipbuilder pursuant to on-demand guarantee in respect of
instalment of purchase price – Arbitrators finding that instalment was not in
fact due – Whether payment held by shipbuilder on trust for bank
Online Published Date:
14 January 2014
Appeared in issue:
890 - 10 January 2014
Bunge SA v Nidera BV – Court of Appeal (Moore-Bick, Floyd and Christopher Clarke LJJ) [2013] EWCA Civ 1628 – 12 December 2013
Sale
of goods – Contract for sale of milling wheat fob Novorossiysk – Russian government
issuing export ban – Whether sellers entitled to cancel contract – Whether
cancellation constituted wrongful repudiation of contract – GAFTA Prohibition
Clause – Whether sellers entitled to nominal damages only – GAFTA Default
Clause – GAFTA 49
Online Published Date:
14 January 2014
Appeared in issue:
890 - 10 January 2014
Griffon Shipping LLC v Firodi Shipping Ltd (The “Griffon”) – Court of Appeal (Sir Brian Leveson P, Tomlinson and McFarlane LJJ) [2013] EWCA Civ 1567 – 10 December 2013
Sale
of ship – Deposit – Sale agreement providing for payment of 10 per cent deposit
by buyers – Buyers failing to pay deposit – Sellers terminating contract for
accepted repudiation and/or pursuant to contractual cancellation clause –
Whether sellers entitled to recover deposit as a debt or confined to damages/compensation
in lesser amount
Online Published Date:
14 January 2014
Appeared in issue:
890 - 10 January 2014
Wuhan Guoyu Logistics Group Co Ltd and Another v Emporiki Bank of Greece SA – Court of Appeal (Longmore, Rimer and Tomlinson LJJ) [2012] EWCA Civ 1629 – 7 December 2012
Guarantee
– Payment guarantee provided by bank in favour of shipbuilder in respect of
instalment of purchase price – Whether payment guarantee to be construed as
guarantee or a demand bond
Online Published Date:
14 January 2014
Appeared in issue:
890 - 10 January 2014
Bunge SA v Nibulon Trading BV – QBD (Comm Ct) (Walker J) [2013] EWHC 3936 (Comm) – 13 December 2013
Arbitration – Time bar – Disputes arising under contract for sale of wheat – Whether buyers’ claim time-barred – GAFTA No 105 Arbitration Rules 2006
Online Published Date:
27 January 2014
Appeared in issue:
891 - 24 January 2014
London Arbitration 3/14
Arbitration – Jurisdiction – Bills of lading incorporating charterparty arbitration clause – Shipowners bringing arbitration proceedings against consignee’s parent company – Whether parent company was party to contract of carriage – Whether arbitrators had jurisdiction
Online Published Date:
27 January 2014
Appeared in issue:
891 - 24 January 2014
London Arbitration 2/14
Arbitration – Jurisdiction – Charterparty containing London arbitration clause governing “any dispute arising out of this charter” – Owners bringing arbitration proceedings against charterers claiming tortious interference with arbitration agreements in bill of lading contracts – Whether arbitrators had jurisdiction
Online Published Date:
27 January 2014
Appeared in issue:
891 - 24 January 2014
London Arbitration 1/14
Charterparty – Speed and consumption – Bunker consumption – Hold cleaning
Online Published Date:
27 January 2014
Appeared in issue:
891 - 24 January 2014