Menu
Quick search

Rania Tadros

Managing Partner Dubai T +971 4 307 6000
raniatadros@incegd.com

Department Energy & infrastructure, Maritime, Dispute resolution, Corporate & commercial Qualified 2000 Education (University) King's College, London Languages English, Arabic (spoken)

Rania Tadros

You, Rania Tadros
& Ince, in any case

Rania is Managing Partner of the firm’s Dubai office. She joined the firm as a trainee and qualified in London in 2000, before relocating to Dubai in 2013. She became Managing Partner the following year. Rania has over 20 years’ experience in shipping/offshore energy disputes as well commercial support to companies in the shipping and offshore sectors.

Rania is interested in all contentious and commercial matters with a particular focus on anything with a Middle East flavour. She likes to understand her client’s business so that she can offer first class legal support as and when it is needed. Of particular interest is the energy and offshore industry and she is closely involved with a number of the world’s largest providers of offshore support services She also specialises in issues arising in construction contracts and has advised on numerous related disputes.

Rania’s experience extends to regularly advising clients on matters arising from utilisation of vessels and offshore structures, limiting and excluding liability, contractual disputes and providing general legal support to companies operating in the maritime field.

She has also recently been involved in numerous significant debt collection cases leading to bankruptcy applications being made before UAE Courts under the UAE Bankruptcy Law.

Quote

"I enjoy understanding my client’s business so that I can provide bespoke, helpful support – whether it is to dispute resolution or analysing their commercial relationships and contracts."

What you may not know about Rania

Rania is actually a very shy person.

Accolades:

  • Chambers and Partners
  • Legal 500

My matter highlights

Energy – contentious

  • Representing owners of OSV vessels in their disputes with a shipyard arising out of the termination of numerous construction contracts, to include oversight of the arbitration proceedings in Dubai and mediation.

Energy - non contentious:

  • Advised Dubai Supply Authority (DUSUP) in relation to a 10 year time charter party and drafting LNG storage and regasification agreement with Excelerate Energy Middle East LLC (Excelerate), with a contract value of approximately US$450m. Assisted in the negotiations and drafting of this detailed and technically complex charterparty with the Owners and their legal advisors.  

Shipping - contentious:

  • Advising on charter party and bill of lading disputes arising in the Middle East.
  • Numerous - obtaining arrest orders and releasing vessels from arrest in the UAE.
  • Involved in numerous debt collection matters leading to making bankruptcy application before the UAE Courts and obtaining the first Bankruptcy Order from the UAE Court under the Bankruptcy Act. 
  • Acting for Shipowners seeking to enforce an English Court Judgment against a company based in the UAE through the DIFC Courts as a conduit jurisdiction. This led to a landmark decision by the UAE Judicial Tribunal with respect to the jurisdiction of the DIFC vs Dubai Courts.

Shipping - non-contentious:

  • Review of charterparties for Ship owners and charterers on various BIMCO and bespoke forms.
  • Drafting standard terms and conditions for the supply of LNG bunkers.
  • Advising on suitable law and jurisdiction and conducting an analysis of applicable law and seats for major players in the Middle East.
  • Advising on status of Qatari sanctions and particular circumstances arising.

My testimonials and accolades

Rania Tadros

“She is approachable but firm and clear in her reasoning which is essential in dispute matters.”

- The Legal 500

Rania Tadros

“Fantastic and one of the best maritime lawyers in Dubai.”

- Chambers and Partners

Rania Tadros

“Lawyer of the Year 2018”

- DIFC

Rania Tadros

“Helpful in every way.”

- Chambers and Partners

Rania Tadros

“"Fantastic " and "one of the best maritime lawyers in Dubai."”

- Chambers and Partners

My recent publications

Insights / Failure to produce bills of lading in support of demurrage claim bars entire claim

07-04-2020 / Maritime

Tricon Energy Ltd v. MTM Trading LLC (MTM Hong Kong) [2020] EWHC 700 (Comm) The Commercial Court has held that where a charterparty requires demurrage to be calculated by reference to bill of lading quantities, and incorporates a demurrage time bar which requires provision of all supporting documents, a claim for demurrage will be time-barred if the shipowner fails to provide copies of the bills of lading within the required time.

Failure to produce bills of lading in support of demurrage claim bars entire claim

Insights / Court discharges freezing order in unsubstantiated misdelivery claim

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.

Court discharges freezing order in unsubstantiated misdelivery claim

Insights / Notice of claim: provide all supporting documents or risk time bar

09-12-2019 / Maritime

MUR Shipping B.V. v Louis Dreyfus Company Suisse S.A. (Tiger Shanghai) [2019] EWHC 3240 (Comm) The Court has recently upheld a majority tribunal finding that a charterparty claim was time-barred due to the Charterers’ failure to provide “all available supporting documents” required under the relevant clause.

Notice of claim: provide all supporting documents or risk time bar

News / Ince’s Head of Dubai, Rania Tadros, appointed to the Board of Trustees of Emirates Maritime Arbitration Centre

01-10-2019 / Maritime

Ince is pleased to announce that Rania Tadros, Head of Ince’s Dubai office, has been appointed to the Board of Trustees and Executive Committee for the Emirates Maritime Arbitration Centre (EMAC).

Ince’s Head of Dubai, Rania Tadros, appointed to the Board of Trustees of Emirates Maritime Arbitration Centre

News / Rania Tadros, invited by Thompson Reuters to Transforming Women's Leadership in Law networking Breakfast

24-09-2019 / Energy & Infrastructure, Maritime

Rania Tadros Managing Partner of Ince (Dubai) recently attended the “Transforming Women’s Leadership in Law Networking Breakfast” session, hosted by Thomson Reuters. Following the session Rania sat down with Maha Abboud and discussed work life balance and how she manages this in order to have a successful career. She also discussed the challenges she has faced in her career and what advice she would give her younger self.

Rania Tadros, invited by Thompson Reuters to Transforming Women's Leadership in Law networking Breakfast

News / Ince lawyers featured in this months issue of Marasi News

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.

Ince lawyers featured in this months issue of Marasi News

News / Shipping Brief delivered to experts in Dubai

08-05-2019 / Maritime

On Wednesday 1st May, we delivered our first Shipping Brief of the year in Dubai to experts in the Maritime industry at the Four Seasons Hotel in DIFC.

Shipping Brief delivered to experts in Dubai

Insights / Whether seizure of cargo by local customs authorities amounted to “government interference”

04-04-2019 / Maritime

Sucden Middle-East v. Yagci Denizcilik Ve Ticaret Limited Sirketi (MV Muammer Yagci) [2018] EWHC 3873 (Comm)

Whether seizure of cargo by local customs authorities amounted to “government interference”

Insights / Breakfast with EMAC - Bunker Contamination Cases

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.

Breakfast with EMAC - Bunker Contamination Cases

News / Update: UAE embargo in relation to Qatar

28-02-2019 / Maritime

There seems to be confusion in the press regarding the UAE embargo in relation to Qatar. In particular, the confusion seems to center around the question of whether the UAE now permits shipment of Qatari cargo to the UAE and vice versa.

Update: UAE embargo in relation to Qatar

News / First SMART contracting seminar in Dubai

11-02-2019 / Energy & Infrastructure

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

First SMART contracting seminar in Dubai

News / Ince Quick Brief - Dubai - December 2018

19-12-2018 /

We are pleased to present the last edition of our Ince Quick Brief for 2018. The last few months have been busy with many conferences and awards events taking place. We are very pleased to have won the Maritime Services Award presented by Seatrade Maritime Awards for the recognition of the debt collection services we offer our clients in the UAE to recover their outstanding debts, allowing clients to focus on day to day operations. In addition to winning this award, Rania Tadros, Managing Partner of the Dubai office won the “Lawyer of the Year” award and Paul Katsouris, an Associate in the Dubai office won the “Young Lawyer of the Year” award at the DIFC Academy of Law Annual Legal Gala.

Ince Quick Brief - Dubai - December 2018

News / Supreme Court considers burden of proof in cargo damage claims under Hague Rules

17-12-2018 / Maritime

Volcafe v. CSAV [2018] UKSC 61 This recent Supreme Court judgment deals with the issue of whether the carrier or cargo interests bear the burden of proof under the Hague Rules in relation to claims for cargo loss and damage. In particular, it considers the interplay between a carrier’s obligations under Article III.2 of the Hague Rules to properly and carefully load, carry and care for the cargo and the inherent vice defence provided under Article IV.2.(m).

Supreme Court considers burden of proof in cargo damage claims under Hague Rules

News / Court dismisses appeal on whether vessel’s deviation was for a reasonable purpose

29-11-2018 / Maritime

Troy Maritime SA v. Clearlake Shipping Pte Ltd (MV Andreas) [2018] EWHC 2310 (Comm) The Court has recently dismissed an appeal by Owners on whether the arbitral Tribunal had made a mistake in law in finding that the vessel’s deviation had not been for a reasonable purpose. The Court agreed with the Charterers that this was a finding of fact and could not be appealed as a point of law.

Court dismisses appeal on whether vessel’s deviation was for a reasonable purpose

News / Rania Tadros and Paul Katsouris win DIFC Academy of Law awards

09-11-2018 /

A winning team! It was a very good night last night (Thursday 8 November), with Rania Tadros (Managing Partner) and Paul Katsouris (Associate) from our Dubai office having both won prestigious awards. Rania has been awarded “Lawyer of the year” and Paul was named “Young Lawyer of the Year” by the DIFC Academy of Law. This is an amazing recognition for their hard work, devotion and commitment. Congratulations Rania and Paul!

Rania Tadros and Paul Katsouris win DIFC Academy of Law awards

News / Rania Tadros and Paul Katsouris shortlisted for the DIFC Academy of Law awards

08-11-2018 / Maritime

Our team in Dubai is extremely proud of Rania Tadros and Paul Katsouris for being shortlisted for the prestigious Lawyer of the Year and Young Lawyer of the Year awards, presented by the DIFC Academy of Law Ince Co is the only law firm with two nominees for the individual awards categories

Rania Tadros and Paul Katsouris shortlisted for the DIFC Academy of Law awards

News / The value of specialised arbitration and the establishment of EMAC in the region

31-10-2018 / Maritime

Dubai welcomes the 9th edition of Seatrade Maritime Middle East this week, the biggest maritime exhibition in the region as part of UAE Maritime Week.

The value of specialised arbitration and the establishment of EMAC in the region

News / Force majeure event: the sole reason for failure to perform?

16-10-2018 / Energy & Infrastructure

In Seadrill Ghana Operations Limited v Tullow Ghana Limited [2018] EWHC 1640 (Comm), the English High Court held that for a party to rely on a force majeure event to terminate a contract, that party’s failure to perform must be caused solely by the force majeure event.

Force majeure event: the sole reason for failure to perform?

News / Getting the Deal Through - Shipping in the United Arab Emirates

15-10-2018 / Maritime

Ince & Co recently contributed to a chapter on the shipping industry in the UAE to the market intelligence publication 'Getting the Deal Through'.

Getting the Deal Through - Shipping in the United Arab Emirates

News / Qatar Shipping Briefing

09-10-2018 / Maritime

On Monday 8 October members of our Ince Co Dubai office travelled to Qatar to host our Shipping Briefing at the Shangri-La Hotel Doha The seminar covered various topics relating to marine and insurance industries

Qatar Shipping Briefing

News / Deviation and the right to rely on contractual time bars

02-10-2018 / Maritime

Dera Commercial Estate v. Derya Inc (MV Sur) [2018] EWHC 1673 (Comm) The English Court has recently handed down a judgment considering whether parties are able to rely on contractual time bars, such as Article III Rule 6 of the Hague Rules, in circumstances where owners have ordered the vessel to deviate without the agreement of charterers. The judgment also gives useful guidance on the principles applicable to s. 41(3) of the Arbitration Act 1996 (the “Act”) and the power conferred on an arbitral tribunal to dismiss a claim (or counterclaim) for “inordinate” or “inexcusable” delay.

Deviation and the right to rely on contractual time bars

News / Getting the Deal Through Shipping 2018

02-10-2018 / Maritime

A very interesting read in 'Getting the Deal Through – Shipping 2018'. Rania Tadros, Pavlo Samothrakis and Mohamed El Hawawy, partners at Ince & Co Dubai office represent the UAE in a global interview for the shipping industry.

Getting the Deal Through  Shipping 2018

News / Video Ince Co Dubai shipping brief

01-10-2018 / Maritime

Our recent Dubai shipping brief was a huge success - partners Rania Tadros, Mohamed El Hawawy, David Galea and senior associate Sheridan Steiger spoke on various topics including commercial issues around LNG bunkering, handling ports claims in the UAE, ship dismantling and a case study covering a matter we handled for one of our insurance clients regarding a marine cargo insurance claim.

Video Ince  Co Dubai shipping brief

News / Qatar Diplomatic Crisis

04-06-2018 / Aviation & Travel, Commodities & Trade, Energy & Infrastructure, Insurance, Maritime

Qatar Sanctions: the Anniversary 5 June 2018 marks the one year anniversary of “sanctions” against Qatar introduced by UAE, KSA, Bahrain, Egypt and a number of other nations.

Qatar Diplomatic Crisis

News / Dubai Smart Contracting event - May 2018

18-04-2018 / Energy & Infrastructure, Maritime

Dubai Smart Contracting event - May 2018

News / Court of Appeal confirms that package limitation under the Hague Rules does not apply to bulk cargo

15-03-2018 / Maritime

Sea Tank Shipping AS v. Vinnlustodin HF and another (Aqasia) [2018] EWCA Civ 276 The Court of Appeal has recently unanimously upheld the Commercial Court decision handed down at the end of 2016, confirming that package limitation under the Hague Rules does not apply to bulk cargo. This decision provides further clarity in the long-standing debate as to whether “unit” in Article IV Rule 5 of the Hague Rules refers to a physical item of cargo or a shipping unit, or is a reference to a unit of measurement used to denominate or quantify the cargo in the contract of carriage and is thus capable of applying to bulk cargo.

Court of Appeal confirms that package limitation under the Hague Rules does not apply to bulk cargo

News / DIFC Courts as a conduit jurisdiction: the end of the road?

01-03-2018 / Energy & Infrastructure

In this article we consider whether the recent judgment of the Dubai Judicial Tribunal in the case of Endofa DMCC v D’Amico Shipping Italy (The Cielo Di Milano) (Cassation No. 4/2017 (JT) issued on 12 September 2017) marks the end of the road for the role of the DIFC Courts as a “conduit” jurisdiction to onshore enforcement of foreign arbitral awards and judgments in the United Arab Emirates (UAE).

DIFC Courts as a conduit jurisdiction: the end of the road?

News / Qatar sanctions

12-12-2017 / Commodities & Trade

The end of 2017 is a good time to re-visit the sanctions against Qatar put in place in June by UAE, KSA, Bahrain, Egypt and others Since our last update in July 2017 the position has not changed substantively but the following should be noted

Qatar sanctions

News / Qatar Q&A

07-07-2017 / Aviation & Travel, Energy & Infrastructure

Since diplomatic ties were severed between the UAE and Qatar, we have received various queries regarding how this impacts our clients’ businesses. We have collated the most commonly asked questions and answers below, as well as some points to bear in mind, to provide a handy reference point as first port of call in case any queries relating to the Qatar situation arise.  Please note that, as this is a live situation, the information below is correct as of 5 July 2017. We will update this Q&A as and when needed.

Qatar Q&A

News / Presentation: Escalating crisis in Qatar

23-06-2017 / Maritime

On June 5 2017 Bahrain, Saudi Arabia, the United Arab Emirates (UAE) and Egypt severed ties with Qatar and have required the shut down of air, land and sea links. Other countries have since followed suit to varying degrees. This has led to transportation disruption and will have implications for the shipping industry.

Presentation: Escalating crisis in Qatar

News / Qatar: Recent updates

23-06-2017 / Aviation & Travel

On 22 June Saudi Arabia, Egypt, the UAE and Bahrain issued a stringent list of demands to Qatar. These were presented to Qatar by Kuwait, acting as a mediator. It is reported that Qatar must meet these 13 demands in order for the “sanctions” to be lifted.

Qatar: Recent updates

News / Ince Co advises shipping companies to plan for prolonged Qatar disruption

13-06-2017 / Maritime, Commodities & Trade

Uncertainty remains over Suez Canal access and transhipment options

Ince  Co advises shipping companies to plan for prolonged Qatar disruption

News / The inconvenient truth: good faith and termination for convenience under UAE law

09-06-2017 / Energy & Infrastructure

Contract termination remains a topical issue in the offshore sector and the UAE is no exception

The inconvenient truth: good faith and termination for convenience under UAE law

News / Qatar: potential legal implications of the Gulf diplomatic crisis on the shipping industry

07-06-2017 / Maritime

The recent decision on 5 June 2017 of the UAE, Saudi Arabia, Bahrain, Yemen, the eastern based government in Libya, the Maldives and Egypt to cut ties with Qatar is a major concern for the shipping industry in the region The severing of ties includes the request for all Qatari nationals to leave the UAE, Saudi Arabia and Bahrain within 14 days The UAE, Saudi Arabia, Bahrain and Egypt have also announced their intention to cut land, air and sea transport links with Qatar This is an unprecedented move in the history of the Gulf States In this update, we consider the ramifications of this on shipping and those trading in the region

Qatar: potential legal implications of the Gulf diplomatic crisis on the shipping industry

News / Qatar: June update

06-06-2017 / Aviation & Travel, Commodities & Trade, Maritime

On 5 June 2017, Bahrain, Saudi Arabia, the United Arab Emirates (UAE) and Egypt severed tied with Qatar and required the closure of land, sea and air borders Since then a number of other countries have also joined these states in adopting such measures The reason for these measures is stated to be the belief that Qatar has been supporting extremist groups and has not complied with the Riyadh Agreement of 2014

Qatar: June update

News / Another Hanjin forewarned is forearmed

09-03-2017 / Maritime

The Hanjin crisis has been dominating the shipping news since 31 August 2016 when the company filed for court receivership in South Korea as part of what some have called “the biggest shipping bankruptcy in history.” The cargo owners whose cargo is trapped on Hanjin’s vessels are experiencing delays, difficulties with retrieving the containers and extra costs of having the containers released to them and/or of forwarding them to the final destination. 

Another Hanjin forewarned is forearmed

News / Offshore supply vessel sector - is consolidation inevitable?

09-03-2017 / Maritime

The prognosis for the offshore supply vessel (OSV) sector remains pessimistic for 2016 with the industry continuing to experience difficult times caused largely by the decline in the oil prices , the reduction in investment and oversupply of vesselsnbsp

Offshore supply vessel sector - is consolidation inevitable?

News / Shipping E-Brief February 2016

17-02-2016 / Maritime

The Shipping E-brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areas.

Shipping E-Brief February 2016

News / Owners must give credit for benefit obtained following Charterers’ repudiation

16-02-2016 / Maritime

Fulton Shipping Inc of Panama v. Globalia Business Travel S.A.U. (New Flamenco) [2015] EWCA Civ 1299  In a significant judgment from the Court of Appeal, the principle by which an owner is bound to give credit for benefit obtained following a charterer’s repudiation has been confirmed. We have previously reported on the Commercial Court decision, which has now been overturned. The Court of Appeal held that where a claimant acquires a benefit as a result of doing something by way of mitigation which arises out of the consequences of the breach and is in the ordinary course of business, that benefit should normally be brought into account when assessing the claimant’s loss.  

Owners must give credit for benefit obtained following Charterers’ repudiation

News / Court clarifies what will amount to unlawful discharge of cargo by shipowner

02-11-2015 / Maritime

Sang Stone Hamoon Jonoub Co Ltd v. Baoyue Shipping Co Ltd (Bao Yue) [2015] EWHC 2288 (Comm). In circumstances where a cargo arrived at the discharge port and no bill of lading was presented, the Commercial Court has considered whether discharge into a warehouse by the Shipowner amounted to unlawful conversion of the cargo. The Court held that the claim for damages for conversion failed. The Claimant Shipper was ordered to reimburse the Shipowner for the storage charges and to surrender the original bill of lading to enable the sale of the cargo.

Court clarifies what will amount to unlawful discharge of cargo by shipowner

News / Submission to Jurisdiction in the UAE: An English Court Judgement sheds some light

12-10-2015 / Energy & Infrastructure

In Navigators Insurance Company Ltd. V Alkahtani Jlawi Mohammed and Another [2015], the High Court in England considered whether it was able to exercise its jurisdiction in relation to an insurance matter which was arguably already decided in Abu Dhabi Court proceedings. Given the UAE laws on jurisdiction, this decision of Mr. Justice Eder has shed some valuable light on what the English Court considers to be submission by a party to the jurisdiction.

Submission to Jurisdiction in the UAE: An English Court Judgement sheds some light

News / Do cancellation rights under voyage charterparty survive variation of load port

25-06-2015 / Commodities & Trade, Maritime

St Shipping & Transport Inc v. Kriti Filoxenia Shipping Co SA [2015] EWHC 997 (Comm) (MT Kriti Filoxenia) The Commercial Court has considered whether cancellation provisions in the BEEPEEVOY3 charterparty form were applicable in the event of re-nomination of a load port by charterers under the charter. In this case, the Charterers re-nominated the load port which the Owners were not able to reach by the cancellation date. The Charterers cancelled the charterparty. In arbitration proceedings, the Tribunal found that the cancellation provisions were not applicable where the Charterers had exercised the contractual option to re-nominate a load port. The Charterers appealed the decision to the Commercial Court, which upheld the findings of the Tribunal and dismissed the appeal.

Do cancellation rights under voyage charterparty survive variation of load port

News / Shipping E-Brief Spring 2015

01-05-2015 / Maritime

The Shipping E-brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areasnbspSign up here to receive the E-Brief by email each quarterOur Spring edition of the Shipping E-Brief is full of articles dealing with topical shipping issues Download the E-Brief Spring (PDF)You can also subscribe to our podcasts with iTunes

Shipping E-Brief Spring 2015

News / Court considers whether carrier adopted sound system for carriage of cargo

23-03-2015 / Maritime

Volcafe Ltd and others v. Compania Sud Americana de Vapores SA [2015] EWHC 516 (Comm) A recent decision offers guidance as to the courts’ approach to a carrier’s obligations under Article III(2) of the Hague Rules to properly and carefully load, carry and care for the cargo.

Court considers whether carrier adopted sound system for carriage of cargo

News / Shipping E-Brief Winter 2015

29-01-2015 / Maritime

The Shipping E-brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areasnbspSign up here to receive the E-Brief by email each quarterOur Winter edition of the Shipping E-Brief is full of articles dealing with topical shipping issues Download the PDF versionYou can also subscribe to our podcasts with iTunes

Shipping E-Brief Winter 2015

News / Bill of lading “law and arbitration” clause incorporates charterparty court jurisdiction provision

06-11-2014 / Maritime

Caresse Navigation Ltd v. Zurich Assurances MAROC and others (Channel Ranger) [2014] EWCA Civ 1366

Bill of lading “law and arbitration” clause incorporates charterparty court jurisdiction provision

News / Force majeure: Update in light of recent developments

03-10-2014 / Maritime

When an event occurs, either natural or man-made, which significantly impacts the performance of a contract but is beyond the control of the parties, how is the risk allocated between the parties? What remedies are available? Who pays for the delay? Often the answers to such questions are found in the force majeure clause.

Force majeure: Update in light of recent developments

News / Are Owners bound to give credit for benefit obtained following Charterers’ repudiation?

15-07-2014 / Maritime

Fulton Shipping Inc v. Globalia Business Travel S.A.U. (New Flamenco) [2014] EWHC 1547 (Comm) In a significant case regarding measure of loss and mitigation of damages, the Commercial Court considered whether Owners, who were claiming damages for the Charterers’ early redelivery and repudiation of a time charterparty, had to give credit for the capital value of the vessel, sold by the Owners upon the Charterers’ repudiation for a greater sum than the value of the vessel at the contractual date of redelivery under the charterparty. Following a review of several leading authorities on this issue, the Commercial Court held that no such credit should be given since the benefit obtained by the Owners in realising the capital value of the vessel was not legally caused by the Charterers’ breach.

Are Owners bound to give credit for benefit obtained following Charterers’ repudiation?

News / Bribery Act update: DPAs come into force, Sentencing Guidelines published – corporate prosecutions on the way?

08-04-2014 / Maritime

In our last Bribery Act (the “Act”) update (Shipping E-Brief July 2013), we outlined how Deferred Prosecution Agreements (“DPAs”) are expected to work in the UK, and summarised the draft sentencing guidelines for fraud, bribery and money laundering by corporate offenders (the “Guidelines”), which were first published by the Sentencing Council of England and Wales in June 2013. Following a period of consultation, the Guidelines have now been finalised and will apply to corporate entities convicted of an offence and sentenced on or after 1 October 2014. DPAs will be available in relation to offences committed by corporates from 24 February 2014.

Bribery Act update: DPAs come into force, Sentencing Guidelines published – corporate prosecutions on the way?

News / Incorporation of charterparty clause into bill of lading: arbitration or court jurisdiction?

20-01-2014 / Maritime

Caresse Navigation Ltd v. Office National de L’Electricite and others (Channel Ranger) [2013] EWHC 3081 (Comm)

Incorporation of charterparty clause into bill of lading: arbitration or court jurisdiction?