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NYK Bulkship (Atlantic) NV v Cargill International SA (The "Global Santosh") [2013] EWHC 30 (Comm)
Buyer and notify party’s faulty discharging
equipment causing delay in unloading – Off-hire clause containing proviso as to
defaults by charterers and their agents – Cargo arrested for demurrage claim – Ship
also mistakenly arrested
Online Published Date:
01 March 2013
Appeared in issue:
Vol 13 No 2 - 01 March 2013
Bunge SA v Nidera BV [2013] EWHC 84 (Comm)
Sale of goods – Wrongful repudiation – GAFTA
Clauses – Construction of GAFTA Prohibition Clause and Default Clause – Parties
agreeing by sale contract to export wheat from Russia – Ban of export of wheat –
Effect of GAFTA Prohibition Clause – Anticipatory repudiatory breach –
Liability – Quantum of damages
Online Published Date:
01 March 2013
Appeared in issue:
Vol 13 No 2 - 01 March 2013
Dalmare SpA v Union Maritime Ltd and Another (The “Union Power”) [2012] EWHC 3537 (Comm)
Whether a term as to
satisfactory quality is to be implied into Norwegian Saleform 1993 (NSF 1993)
by way of section 14 of the Sale of Goods Act 1979
Online Published Date:
01 March 2013
Appeared in issue:
Vol 13 No 2 - 01 March 2013
IMO and the challenge of sustainability
This year’s self-declared priority for the
International Maritime Organization (IMO) is “Sustainable development: IMO’s
contribution beyond Rio+20”.
Online Published Date:
01 March 2013
Appeared in issue:
Vol 13 No 2 - 01 March 2013
Proton Energy Group SA v Public Company Orlen Lietuva [2013] EWHC 334 (Comm)
Sale of goods – Contract formation – Whether the
parties’ communications amounted to a contract having been made for a sale of
crude oil – Recap – Subsequent conduct
Online Published Date:
28 March 2013
Appeared in issue:
Vol 13 No 3 - 01 March 2013
The Golden Victory and assessment of damages in one off sale contracts
The well established and accepted English law
principle on damages is that damages are to be assessed at the time of breach
(or when the loss is suffered), which usually occurs at the time when
performance becomes due.
Online Published Date:
28 March 2013
Appeared in issue:
Vol 13 No 3 - 01 March 2013
Refcomp SpA v AXA Corporate Solutions Assurance SA Case C-543/10
Sale
of goods – Clause conferring jurisdiction contained in a contract concluded
between the manufacturer and the original purchaser of goods – Article 23 of
Council Regulation (EC) No 44/2001
Online Published Date:
28 March 2013
Appeared in issue:
Vol 13 No 3 - 01 March 2013
Dry Bulk Handy Holding Inc v Fayette International Holdings Ltd (The "Bulk Chile") [2013] EWCA Civ 184
Bills of lading – Owners’ bills of lading specifying
method of payment of freight – Whether shipowner entitled to instead demand
payment to himself
Online Published Date:
28 March 2013
Appeared in issue:
Vol 13 No 3 - 01 March 2013