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新闻和见解— 商品与贸易

新闻 / Court rejects jurisdictional challenge in petroleum dispute

18-02-2022 / 商品与贸易

Addax Energy S.A. v. Petro Trade Inc. [2022] EWHC 237 (Comm) In a dispute arising out of the supply of petroleum products, the English Court has dismissed a challenge to its jurisdiction, finding that the claimant supplier had a good arguable case that an English jurisdiction clause was incorporated into an alleged oral agreement by way of course of dealing. In doing so, the Court confirmed that the evidence required to establish a course of dealing need not be extensive or consistent to meet the relevant legal test.

Court rejects jurisdictional challenge in petroleum dispute

新闻 / EU Blocking Regulation, US sanctions and contractual termination – when sanctions and business collide

18-02-2022 / 商品与贸易, 航运

In a recent ruling, the European Court of Justice (“ECJ”) was asked to consider the interpretation of Article 5 of EC Regulation No. 2771/96 of 22 November 1996 (commonly referred to as the “Blocking Regulation”) in relation to the termination, by a German telecoms company, of a contract with a bank subject to US sanctions.

EU Blocking Regulation, US sanctions and contractual termination – when sanctions and business collide

洞察力 / Court upholds validity of Notice of Arbitration in commodities dispute

12-01-2022 / 商品与贸易

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.

Court upholds validity of Notice of Arbitration in commodities dispute

洞察力 / Tribunal’s findings in commodities dispute result in substantial injustice

04-08-2021 / 商品与贸易

PBO v. DONPRO & others [2021] EWHC 1951 (Comm)

Tribunal’s findings in commodities dispute result in substantial injustice

洞察力 / Where’s my crude oil? Court upholds claim for return of monies paid under FOB contract

24-06-2021 / 商品与贸易

BP Oil International Limited v. (1) Vega Petroleum Limited & (2) Dover Investments Limited [2021] EWHC 1364 (Comm)

Where’s my crude oil? Court upholds claim for return of monies paid under FOB contract

洞察力 / Court concludes parties had not agreed to arbitrate commodities dispute

01-03-2021 / 商品与贸易

Black Sea Commodities Ltd v. Lemarc Agromond Pte Ltd [2021] EWHC 287 (Comm)

Court concludes parties had not agreed to arbitrate commodities dispute

新闻 / Qatar sanctions January 2021

10-01-2021 / 商品与贸易

In its first circular of 2021 the UAE Ministry of Energy and Infrastructure has announced the reopening of airspace and sea / land borders with Qatar.

Qatar sanctions January 2021

洞察力 / Adoption of the Chinese Civil Law Code: Key Takeaways for the Commodities Industry

30-12-2020 / 商品与贸易

The new Chinese Civil Code (the “Code”) has been passed by the 13th National People’s Congress on 28 May 2020 and is due to come into force on 1 January 2021.

Adoption of the Chinese Civil Law Code: Key Takeaways for the Commodities Industry

洞察力 / The Legal 500 Shipping Guide – Hot Topic: Fraudulently-issued Letters of Indemnity – Risks, Mitigation, and Prevention

02-12-2020 / 商品与贸易

The recent spate of allegations of fraud or foul-play that have rocked Singapore’s beleaguered commodities market.

The Legal 500 Shipping Guide – Hot Topic: Fraudulently-issued Letters of Indemnity – Risks, Mitigation, and Prevention

洞察力 / Buyer beware – be certain of your grounds for termination

21-09-2020 / 商品与贸易

Alegrow S.A. v. Yayla Agro Gida San Ve Nak A.S. [2020] EWHC 1845 (Comm)

Buyer beware – be certain of your grounds for termination

洞察力 / Court finds inspector’s certificate final and binding for limited purposes only

13-07-2020 / 商品与贸易

In this case, the Court found that two different terms relating to cargo quality certificates in a sale contract for high sulphur fuel oil did not conflict.

Court finds inspector’s certificate final and binding for limited purposes only

新闻 / ICC Incoterms 2020

13-09-2019 / 商品与贸易

The International Chamber of Commerce (“ICC”) has announced the publication of Incoterms 2020. This is the first update to Incoterms since they were last revised in 2010. The new rules become effective from 1 January 2020.

ICC Incoterms 2020

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

29-07-2019 / 商品与贸易

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

新闻 / Iran sanctions update - June 2019

14-06-2019 / 商品与贸易, 保险

Iran sanctions - Escalating tensions

Iran sanctions update - June 2019

新闻 / Liabilities for automated warehousing and distribution centres

25-02-2019 / 商品与贸易

The growth in e-commerce has brought the efficiency of warehousing and distribution centres to the fore. Rather than being bottle-necks and costs centres, warehouses are increasingly being seen as an asset, providing opportunities for value-added services and cost efficiencies.

Liabilities for automated warehousing and distribution centres

新闻 / Consolidation and Integration in the Logistics and Shipping Industries

25-02-2019 / 商品与贸易

Those who live in Hong Kong are familiar with the city’s giant conglomerates – your lunch, your phone service, your clothes and your flat may all be from the same group of companies. The same may soon become commonplace in the logistics and transport industries. In a world where countries are attempting to withdraw from multilateral engagements and build walls on the border, some major players in the logistics and transport industries are doing the opposite by integrating their businesses.

Consolidation and Integration in the Logistics and Shipping Industries

新闻 / Anti-globalisation and its effect on supply chains

25-02-2019 / 商品与贸易

Following the 2008 crash, the world has seen a steady rise in anti-globalisation and populist sentiment, with free trade being blamed for everything from rising unemployment and decreased wage growth to rising immigration and forced technology transfer. This has led to a rise in protectionist measures in economies across the globe with Global Trade Alert finding that since 2008 there have been in excess of 1,000 protectionist measures implemented globally. These range from increased tariffs, subsidies and non-tariff barriers to export bans.

Anti-globalisation and its effect on supply chains

新闻 / CILTHK Logistics Newsletter February 2019

25-02-2019 / 商品与贸易

The CILTHK Logistics Newsletter is a collaborative publication with The Chartered Institute of Logistics and Transport in Hong Kong with the key objective to share insightful information and examine legal developments concerning the logistics sector.

CILTHK Logistics Newsletter February 2019

新闻 / Big Data Collection for Smart Mobility vs Privacy Concern - Is There a Golden Mean?

25-02-2019 / 商品与贸易

In December 2017 Hong Kong’s Innovation and Technology Bureau launched its Smart City Blueprint setting out the steps that would need to be taken to develop Hong Kong into a Smart City. The Smart City initiative is divided into 6 key sectors: Smart Mobility, Smart Living, Smart Environment, Smart People, Smart Government and Smart Economy.

 Big Data Collection for Smart Mobility vs Privacy Concern - Is There a Golden Mean?

新闻 / Ince Co appoints new partner in Monaco

01-10-2018 / 商品与贸易, 航运

International Law firm Ince Co is pleased to announce the promotion of Marco Crusafio, in the Monaco office, a highly experienced dispute resolution lawyer, to the Partnership on 1 October 2018

Ince  Co appoints new partner in Monaco

新闻 / Relevance of sub-sale contract in assessing damages for non-delivery

19-09-2018 / 商品与贸易

Euro-Asian Oil SA v. (1) Credit Suisse AG and others [2018] EWCA Civ 1720 The Court of Appeal has considered when the market measure of damages will be displaced in cases of non-delivery of goods.

Relevance of sub-sale contract in assessing damages for non-delivery

新闻 / Arbitration appeal? Don’t delay

28-06-2018 / 商品与贸易, 能源及基础设施, 航运

Appeals to the English court from an arbitration award must be brought within 28 days of the date of the award. Time can be extended if the award requires correction to enable an appeal but minor corrections using the “slips rule” cannot be relied upon to extend the strict 28 day period (and nor do uncorrected minor typos create a bar to seeking an appeal), as was confirmed by Daewoo Shipbuilding & Marine Engineering Company Limited v Songa Offshore Equinox and another[2018] EWHC 538 (Comm).

Arbitration appeal? Don’t delay

新闻 / Qatar Diplomatic Crisis

04-06-2018 / 航空和旅游, 商品与贸易, 能源及基础设施, 保险, 航运

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

新闻 / Snap back of the US sanctions against Iran: impact on businesses in the Middle East

29-05-2018 / 商品与贸易

On 8 May 2018 the President of the United States announced his decision to re-impose nuclear-related sanctions against Iran. By way of reminder, the US and the EU sanctions programme against Iran were lifted by the Joint Comprehensive Plan of Action (JCPOA) on its Implementation Date of 16 January 2016. Following the US President’s announcement, the EU participants confirmed their commitment to the JCPOA and have since indicated that they would rely on the “blocking statute” to minimize the impact of the US sanctions on EU companies.

Snap back of the US sanctions against Iran: impact on businesses in the Middle East

新闻 / Legal update: Contract formation and termination

29-05-2018 / 商品与贸易

We look at two recent cases highlighting Formation of a contract or settlement agreement and Termination of a contract - contractual v. common law right.

Legal update: Contract formation and termination

新闻 / CILTHK Logistics Newsletter May 2018

29-05-2018 / 商品与贸易

The CILTHK Logistics Newsletter is a collaborative publication with The Chartered Institute of Logistics and Transport in Hong Kong with the key objective to share insightful information and examine legal developments concerning the logistics sector

CILTHK Logistics Newsletter May 2018

新闻 / Liability issues in cold chain transportation

29-05-2018 / 商品与贸易, 航运

Imagine the scenario: A shipper has arranged for a cargo of frozen food goods to be shipped from Europe to Asia by sea. On arrival in Asia, the goods are found to be defrosted and no longer fit for human consumption. On closer inspection, it becomes clear that the reefer container temperature was set at +10°C rather than -10°C as instructed to the Carrier in the booking note. The consignees claim under their cargo insurance and the cargo underwriters sue the Carrier under the sea waybill to recover the losses. The Carrier wants to know what, if any, defences it has to the claim.

Liability issues in cold chain transportation

新闻 / Court of Appeal approves enforcement of Chinese arbitration award despite allegations of fraud

17-05-2018 / 商品与贸易

RBRG Trading (UK) Limited v. Sinocore International Co Ltd [2018] EWCA Civ 838 The Court of Appeal has dismissed an appeal against the Commercial Court’s decision to permit enforcement of a Chinese arbitration award, notwithstanding allegations that the underlying claim was tainted by fraud.

Court of Appeal approves enforcement of Chinese arbitration award despite allegations of fraud

新闻 / 6th Ince Beijing Shipping Trade Seminar - Mock Arbitration 22 May 2018

26-04-2018 / 商品与贸易, 航运

Ince Co Beijing Office will host its 6th Shipping Trade Seminar Mock Arbitration Event on Tuesday, 22 May, 2018

6th  Ince Beijing Shipping  Trade Seminar - Mock Arbitration  22 May 2018

新闻 / China’s New Single Window Platform

05-02-2018 / 商品与贸易

In 2017, the Chinese authorities announced a number of key reforms to customs procedures that on their face, look to facilitate the movement of goods across Chinese borders. One of the major announcements was the national roll out of a “standard” Single Window system. This article looks at the changes this brings to the old system and the implications for traders.

China’s New Single Window Platform

新闻 / CILTHK Logistics Newsletter February 2018

05-02-2018 / 商品与贸易

The CILTHK Logistics Newsletter is a collaborative publication with The Chartered Institute of Logistics and Transport in Hong Kong with the key objective to share insightful information and examine legal developments concerning the logistics sector.

CILTHK Logistics Newsletter February 2018

新闻 / Qatar sanctions

31-12-2017 / 商品与贸易

In its first circular of 2021 the UAE Ministry of Energy and Infrastructure has announced the reopening of airspace and sea / land borders with Qatar.  We understand that all previous measures taken with respect to Qatari owned vessels and cargo will also be lifted and relations will resume as normal.

Qatar sanctions

洞察力 / Brexit: "Phase 1", the joint commitments, and Northern Ireland

08-12-2017 / 商品与贸易

An overview of the joint commitments agreed between the UK and EU and the legal, economic, and political challenges posed by the Irish border to a final Withdrawal Agreement.

Brexit: "Phase 1", the joint commitments, and Northern Ireland

新闻 / Supreme Court finds debt created under letter of credit is situated where debtor resident

20-11-2017 / 商品与贸易

Taurus Petroleum v SOMO 2017 UKSC 64The Supreme Court has recently issued judgment in this matter concerning an attempt to enforce an arbitration award in London by obtaining a third party debt order over sums payable to the debtor under letters of credit issued by a London bank in respect of unrelated transactions

Supreme Court finds debt created under letter of credit is situated where debtor resident

洞察力 / The post-Brexit transitional period: Bridge over troubled negotiations?

16-10-2017 / 商品与贸易

One fundamental fear haunts the advocates of Brexit: it is that, despite their victory in the June 2016 Referendum, the result will be whittled down step by step, agreement by agreement, until the UK remains in the EU or does so in all but name by accepting quasi-EU arrangements. In Guiseppe di Lampedusa’s famous novel of an aristocratic Sicilian family trying to survive Garibaldi’s revolution, the hero, Prince Fabrizio, pretends to support the end of feudalism, trusting that his subjects will nevertheless continue to respect the traditional ways – “Se vogliamo che tutto rimanga come è, bisogna che tutto cambi”.  If we want things to stay as they are, everything will have to change.

The post-Brexit transitional period: Bridge over troubled negotiations?

新闻 / Recovering hedging losses

02-10-2017 / 商品与贸易

Vitol SA v Beta Renowable Group SA 2017 EWHC 1734 (Comm) In volatile commodities markets such as the oil and metals industries, prices of commodities tend to fluctuate significantly in a short span of time It has, therefore, become common practice for commodity traders in these markets to minimise the risk of substantial losses in their physical sale and purchase transactions by entering into hedging arrangements

Recovering hedging losses

新闻 / Su Yin Anand and Nicholas Tam discuss a breach of sanctions for Siemens

22-09-2017 / 商品与贸易

Ince Co Partner, Su Yin Anand and solicitor, Nicholas Tam were recently featured in Lloyd's List In their article Vigilance is vital over international sanctions breaches', they explore the implications for Siemens of their Russian client breaching not only contractual obligations but also sanctions imposed by the international community This occurred when their client diverted four gas turbines to Crimea, with their planned destination having been a power plant in southern Russia

Su Yin Anand and Nicholas Tam discuss a breach of sanctions for Siemens

新闻 / Ince Co wins acquittal for China Resources Logistics in criminal proceedings following container terminal incident

06-07-2017 / 航运, 保险, 商品与贸易

Rosita Lau, Ince Co partner based in Hong Kong, and her team have recently achieved significant victory in successfully defending criminal charges against China Resources Logistics Co, Ltd, a major integrated logistics service provider in Hong Kong and a member of the conglomerate China Resources Group The prosecution arose out of a widely-reported incident in 2015 in which a front loader engaged to carry out container stacking operation collapsed at China Resources' containers terminal in Hong Kong, resulting in the total loss of the front loader and substantial loss and damage to cargoes contained in a number of containers at the terminal which all fell into the sea, as well as personal injuries to the operator

Ince  Co wins acquittal for China Resources Logistics in criminal proceedings following container terminal incident

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

13-06-2017 / 航运, 商品与贸易

Uncertainty remains over Suez Canal access and transhipment options

Ince  Co advises shipping companies to plan for prolonged Qatar disruption

新闻 / Qatar: June update

06-06-2017 / 航空和旅游, 商品与贸易, 航运

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

新闻 / BRANCHED TO TRAINING Cyberattacks make companies and governments WannaCry

15-05-2017 / 网络安全, 航空和旅游, 能源及基础设施, 保险, 商品与贸易, 航运

Whilst the reaction from both mainstream and social media was one of shock at the extent of this weekend's global cyber-attack, for those working within cyber-security it came as little surprise

BRANCHED TO TRAINING Cyberattacks make companies and governments WannaCry

洞察力 / Brexit Updates

10-04-2017 / 商品与贸易, 能源及基础设施, 保险, 航运

On 8 December 2017, negotiators for the European Union and United Kingdom issued a joint report confirming that the parties have reached an agreement in principle across the following three areas under consideration, which together form the first phase of Brexit negotiations:

Brexit Updates

洞察力 / The EU27 set out their negotiating strategy for Brexit negotiations

07-04-2017 / 商品与贸易

On 29 March 2017, the UK sent a formal notice of withdrawal from the European Union by triggering the process envisaged by Article 50 of the Lisbon Treatynbsp

The EU27 set out their negotiating strategy for Brexit negotiations

新闻 / The life and times of Gilbert-Ash, the latest chapter – Scottish Power

23-02-2017 / 商品与贸易, 能源及基础设施

Nice snappy quotes from cases can be hard to find. Which is perhaps why the words of Lord Diplock in Gilbert–Ash1 that  

The life and times of Gilbert-Ash, the latest chapter – Scottish Power

新闻 / UK introduces new million pound penalties for breach of sanctions

02-02-2017 / 商品与贸易

On 31 January 2017, the UK introduced legislation imposing new monetary penalties for serious breaches of financial sanctions The relevant part of the Policing and Crime Act 2017 has not yet come into force but is expected to do so in April 2017 and, once it does, it will give power to the Office of Financial Sanctions Implementation (OFSI) to impose monetary penalties up to a significant permitted maximum for breaches of the regulations

UK introduces new million pound penalties for breach of sanctions

洞察力 / Brexit update Supreme Court rules on its constitutional implications

24-01-2017 / 商品与贸易

January 2017 has produced two landmark events in the Brexit process the first was the UK Prime Minister's speech on 17 January, outlining the British government's strategy for the Brexit negotiations with the remaining 27 EU Member States (EU27) and the second was the UK Supreme Court's ruling on the constitutional aspects of Brexit procedure issued on 24 JanuarynbspnbspThis Ince amp Co update analyses the implications of these two events which will have a profound influence on the negotiations between the EU and the UK over the next two years

Brexit update Supreme Court rules on its constitutional implications

洞察力 / New legal challenge to Brexit

05-12-2016 / 商品与贸易

A new challenge has emerged against the UK Government’s plans for Brexit. “British Influence”, a lobby group campaigning for UK access to the European Union (EU) single market, has addressed a formal request to the British Government (“HMG”) to clarify its position on whether the UK’s withdrawal from the EU will, in HMG’s view, also involve withdrawal from the European Economic Area (EEA), which is an agreement between the EU Member States and three member states of the European Free Trade Association (EFTA), namely Norway, Iceland and Liechtenstein, giving them access to the EU single market.

New legal challenge to Brexit

新闻 / One Belt One Road (OBOR)

27-10-2016 / 商品与贸易, 能源及基础设施, 航运

One Belt One Road (OBOR) is arguably the most ambitious and controversial capital and infrastructure project of the 21st century Led by the government in China this long term investment will involve 65 countries and impact 44 billion people

One Belt One Road (OBOR)

新闻 / Following terrorist threats, a new French law strengthens maritime security mechanisms

19-10-2016 / 商品与贸易, 航运

The law n°2016-816 aimed at enhancing “blue growth” has been enacted on 20 June 2016 to adapt the French regulations to the new safety and economic issues in the maritime world. At the time of the generalisation of terrorist threats, lawmakers have notably reinforced the rules regarding maritime security.

Following terrorist threats, a new French law strengthens maritime security mechanisms

新闻 / Ince Co continues to grow its transactional partner capability

05-09-2016 / 能源及基础设施, 航运, 商品与贸易

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Ince  Co continues to grow its transactional partner capability

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