You, Natalie Jensen
& Ince, in any case

09-01-2023 / Maritime

We are delighted to share that Mohamed El Hawawy, Joint Managing Partner, and Natalie Jensen, Partner, from our Dubai office, have contributed the UAE chapter to the recently published Sixth Edition of the Third Party Litigation Funding Law Review.

22-11-2022 / Commodities & Trade

Heytex Bramsche GmbH v. Unity Trade Capital Ltd [2022] EWHC 2488 (Ch) The Court has rejected a finance company’s contention that the documents presented under a letter of credit (LC) that it had issued were discrepant, rendering the LC void. Among other things, the issuer had sought to argue that the standard UCP 600 terms that were incorporated into the LC had been modified and overriden by additional terms, such that the documents were discrepant. The Court, however, emphasised that clear notice would have to be given to effectively incorporate such additional terms which were a clear departure from the UCP 600 and which conflicted with the commercial nature of a LC. Here, any notice given was insufficient and the issuer remained liable under the terms of the LC.

19-10-2022 / Maritime

Vitol S.A v. JE Energy Ltd [2022] EWHC 2494 (Comm) The Court has upheld a seller’s entitlement to cancel an FOB sale contract where the vessel that was to be procured by the buyer did not arrive at the port by the cancellation date. It also rejected the argument that an amendment of the deadline for shipment in a letter of credit was an amendment of the sale contract of the seller’s obligation to ship by that date. The buyer’s attempt to exit the contract that became financially disadvantageous amounted to a repudiatory breach and it was held liable in damages.

01-04-2022 / Maritime

Decree No. 34 of 2021 concerning the Dubai International Arbitration Centre (the ‘Decree’) came into force in September 2021 and aimed to streamline arbitration in Dubai by amalgamating it under one institution – the Dubai International Arbitration Centre (‘DIAC’). For a summary of the Decree’s contents.

08-03-2022 /

Decree No. 34 of 2021 concerning the Dubai International Arbitration Centre (the “Decree”) came into force in September 2021 and aimed to streamline arbitration in Dubai. For a summary of the Decree’s contents, please see our articles here, here and here. Whilst a number of questions remain, the wait for the new Dubai International Arbitration Centre (“DIAC”) Rules is finally over and with that, a major layer of uncertainty in relation to arbitration in Dubai is removed.

12-01-2022 / Commodities & Trade

This commodities dispute highlights the importance of drafting a notice of arbitration carefully to ensure that it covers all the disputes that are intended to be referred to arbitration.

15-12-2021 / Maritime

Meet the Seatrade Maritime 20 Under 40: Leaders of Tomorrow

23-11-2021 / Maritime

Readie Construction Limited v. Geo Quarries Limited [2021] EWHC 3030 (QB)

18-11-2021 / Maritime

The Court has considered which time zone applies to determine the date of completion of discharge for the purposes of deciding whether notification of a demurrage claim was made too late. In their article, Natalie Jensen and Monika Humphreys-Davies review the decision and explain why the Court held that it was the time zone at the place of discharge.

01-10-2021 / Maritime

We are pleased to announce two new Partner promotions at Ince, Natalie Jensen in Dubai and Richard Oakley in Hong Kong.

27-09-2021 / Maritime

Decree No. 34 of 2021 concerning the Dubai International Arbitration Centre recently came into force, making a number of changes to the arbitration landscape in Dubai.

22-09-2021 / Maritime

Decree No. (34) of 2021 (“the Decree”) on the Dubai International Arbitration Centre (“DIAC”) was recently issued. Pursuant to the Decree, the Dubai International Financial Centre Arbitration Institute (“DIFC Arbitration Institute”) and Emirates Maritime Arbitration Centre (“EMAC”) shall be dissolved and their assets and operations shall be merged into the Dubai International Arbitration Centre (“DIAC”).

20-07-2021 / Maritime

Galtrade Limited v. BP Oil International Limited [2021] EWHC 1796 (Comm)

21-06-2021 / Maritime

Enemalta Plc v. Standard Club Asia Ltd (MV Di Matteo) [2021] EWHC 1215 (Comm)

10-06-2021 / Maritime

Septo Trading Inc v. Tintrade Ltd [2021] EWCA Civ 718

02-06-2021 / Maritime

Armada Ship Management(s) Pte Ltd v. Schiste Oil and Gas Nigeria Ltd (Armada Tuah 101) [2021] EWHC 1094 (Comm)

24-02-2020 / Maritime

Fimbank PLC v. Discover Investment Corp (Nika, renamed Nord) [2020] EWHC 254 (Comm) The Court has discharged a freezing order that was originally granted on an ex parte basis. The Court found that the claim, on its substance, had no seriously arguable merit and that the factual circumstances relevant to the possible merits of the intended substantive claim had not been fully and fairly presented to the Court that had granted the freezing order. Factual circumstances are material to any serious consideration of the merits of a claim and a party seeking injunctive relief without notice to the other party has a duty of full and frank disclosure which, if not complied with, may result in the discharge of the injunction at the return date.

29-07-2019 / Commodities & Trade

In this month’s issue of Marasi News, Rania Tadros, Managing Partner and Natalie Jensen, Managing Associate, from our Ince Dubai office have written an article on war risks and the implications of trading in listed areas following the Joint War Committee’s decision to add the Persian Gulf and parts of the Arabian Gulf, including the Gulf of Oman, Oman and the UAE, to its Listed Areas for Hull War, Piracy, Terrorism and related perils. This is a topic that has become very significant and has far reaching consequences to the maritime industry, in particular Shipowners, Charterers and Traders in the region.

19-03-2019 / Maritime

Natalie Jensen, Managing Associate & Rania Tadros, Managing Partner at Ince & Co Middle East LLP gave a presentation yesterday morning at The Emirates Maritime Arbitration Centre (EMAC) who regularly host breakfast sessions to the marine industry and the legal community.

11-02-2019 / Energy & Infrastructure

On Thursday 7 February 2019, we held our first SMART contracting seminar in Dubai as a newly merged firm

12-06-2018 / Maritime

Kyokuyo Co Ltd v. A.P. Møller-Maersk A/S (Maersk Tangier) [2018] EWCA Civ 778 The Court of Appeal has upheld the Commercial Court ruling in a significant decision that considered package limitation under the Hague and Hague-Visby Rules. The judgment clarifies, for the first time under English law, that “unit” is an individual piece of cargo as opposed to a container. It further confirms that the Hague-Visby Rules may apply even in circumstances where sea waybills are used instead of bills of lading. The decision is important because of its implications for the limitation of liability for carriers.

04-06-2018 / Maritime

(1) Alize 1996, (2) CMA CGM SA v (1) DP World UAE Region FZE, (2) DP World Limited, (3) All other persons claiming or being entitled to claim damages for the incident, DWT-0001-2017 In a landmark judgment, the DWT (a special tribunal established by Decree (57) of 2009 (“Decree 57”) to deal with insolvency proceedings relating to Dubai World and its subsidiaries), confirmed its jurisdiction over maritime disputes by or against Dubai World entities and acknowledged that a ship owner is entitled to establish a limitation fund under the Convention on Limitation of Liability for Maritime Claims 1976 (the “Convention”) by way of a P&I Club letter of undertaking (“LOU”). The matter was determined in accordance with UAE law.