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我们多年来和航运领域各行各业的从业者一起工作,有深厚行业知识,我们真正懂得您的业务,因此能根据您的需求提供直接、务实的法律建议。

You, Maritime
& Ince, in any case

我们的客户有众多世界领先的船东、租船人、贸易商、银行、船厂和保险公司。从造船厂到拆船厂、从工厂到接管人、从融资到上市,我们提供航运业和国际贸易行业所需的各类法律服务。

我们就在您的身边。我们的国际分所设有航运律师团队,包括一支有着航海经验的庞大律师队伍,其中很多人分布在主要港口、航运或保险中心。同时,我们在各个司法管辖区有丰富的经验,也有跨越时区无缝协作的各个团队。因此,我们有能力和专业知识来满足您的需求。

海商案件

我们经常处理货物索赔、租船合同和提单纠纷,并处理航运纠纷解决方案的方方面面,从小额索赔到引发高度关注、复杂、涉及多个司法辖区的重大案件。

交易项目

我们的专业知识延展到就交易事项提供法律建议,涵盖所有方面,包括简单或复杂的商业合同审阅、船舶买卖、造船项目和重组等。

船舶融资

船舶是重要的资产。无论您是买家、船厂、经营人还是融资方,您都需要就您的权利和义务获取专家的建议。我们的船舶融资律师能为您就最佳交易策略提供全面建议,最大限度地降低交易过程中的风险敞口,使您的业务获得最佳的结果。

游艇和超级游艇

游艇和超级游艇是有价值的资产,并受不断变化的法律法规的约束。重要的是,您需要有了解您目标的律师来协助您,并在交易的每个阶段保护您的利益。我们为游艇船东、经纪人和一些世界上最大的游艇制造商提供法律服务。

港口

无论是在发达市场,还是在新兴市场和前沿市场,港口在全球贸易中都扮演着至关重要的角色。我们的团队为全球港口和世界各地的码头运营商、航运公司、石油和天然气承包商、建筑公司、保险商和银行等客户提供咨询服务。

海上油气

我们还代表领先的海事服务供应商。我们的专业知识涵盖所有海上服务,包括供给和安全船、锚处理船和潜水支持船、铺管和埋管驳船、重型起重机和起重驳船。

海事事故

如果最坏的情况变成现实,您的船在一个偏僻的地方搁浅,或相撞,或者在一个敌对的环境中有麻烦,您将需要快速、专业的法律建议,以及处理调查、证人、船员及其家属、证据保存和媒体的实用指导。

我们在世界各地拥有一支训练有素的海事律师团队,团队成员都曾有航海经验,他们能为每一次危机带来丰富的实操、技术和商业方面的知识。这个团队的成员本身具备船上工作的经历,也参与处理了大量的重大事故,所以他们充分理解应对意外事件的压力和现实情况。

人身伤害(被告)

我们代表被告处理人身伤害案件的专业知识范围涉及整个航运业,代表过游艇/超级游艇、集装箱船、客轮和游轮、海上设施、拖船和供应船以及散货船等船舶的船东、经营人和责任保险人。

我们对涉及人员伤亡、脑和脊柱损伤以及军团菌和诺如病毒爆发的案件有丰富的经验和专业知识。我们也经常处理例如与石棉有关的伤害等职业病索赔案件。英士在处理重大伤亡事件方面的良好声誉使其能够在涉及伤亡的高度敏感案件中提供咨询服务。我们与专注此方面的大律师和医疗专家密切合作,提供最高水平的服务和最经济的建议。

海盗/污染

持续不断的海盗和劫持事件带来的威胁继续在业界引起很大关注。我们能够帮助您处理海盗事件的各个方面——包括应对劫持事件、释放船只、保险以及减低此类事件再次发生风险的法律和实操建议。

如果您的船不幸发生油污事故,污染了原始的海滩或海洋生物,后果可能非常严重。这类事件需要及时得到有效的控制,否则会给所有相关方带来严重的后果。

紧急响应

我们提供全年全天候的紧急响应热线,确保您能够随时联系上我们以获得针对性的建议,热线号码为+44 (0)20 7283 6999

下载我们的宣传册以获得更多信息。

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新闻和见解— 航运

新闻 / Ince celebrates one year since Scotland office opening

23-11-2022 / 保险, 航运, 房地产

We are pleased to be celebrating one year since opening our first Scottish office in the city of Glasgow.  Stefanie Johnston, dual-qualified Partner and Head of Scotland, has worked tirelessly over the last year to develop our offering through the opening of an Ince office in what is arguably an established Scottish market. Starting from the ground up, Stefanie and her team have successfully gained an admirable reputation in the region and further afield in the maritime, insurance, real estate and regulatory sectors. 

Ince celebrates one year since Scotland office opening

新闻 / Shipping E-brief November 2022

17-11-2022 / 航运

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

Shipping E-brief November 2022

新闻 / Appeals from arbitration: is reform required?

15-11-2022 / 航运

In September 2022, the UK Law Commission published a consultation paper with provisional recommendations for updating the Arbitration Act 1996 (the Act 1996). Amongst other things, the Law Commission considered whether any changes need to be made to: (i) s.67 of the Act 1996, which deals with jurisdictional challenges to arbitral awards; and (ii) s.69 of the Act 1996, which deals with appeals on points of law.

Appeals from arbitration: is reform required?

新闻 / Owners not in breach of charter and entitled to claim demurrage

09-11-2022 / 航运

CM P-MAX III Limited v. Petroleos Del Norte SA (MT Stena Primorsk) [2022] EWHC 2147 (Comm) This recent laytime and demurrage dispute demonstrates that an owner can legitimately refuse orders where such orders may jeopardise the safety of a vessel.

Owners not in breach of charter and entitled to claim demurrage

新闻 / Court of Appeal finds owner should have accepted non-contractual performance

09-11-2022 / 航运

Mur Shipping BV v. RTI Ltd [2022] EWCA Civ 1406 A majority of the Court of Appeal has held that the Owner under a contract of affreightment (COA) should have accepted payment of freight in Euros, rather than the US dollars provided for in the COA. Its refusal to do so meant that the Owner could not rely on the force majeure clause in the COA, in circumstances where US sanctions might have restricted US dollar transfers from or on behalf of the Charterer.

Court of Appeal finds owner should have accepted non-contractual performance

新闻 / “Due” means due!

03-11-2022 / 航运

Ceto Shipping Corporation v. Savory Inc (Victor 1) [2022] EWHC 2636 (Comm) The Court in this case had to construe a purchase option clause in a bareboat charter. Specifically, it considered whether the fact that the charterer had not fulfilled certain payment obligations under the charter because it was disputing them in good faith meant that the owner was not obliged to transfer title to the vessel at the end of the charter period.

“Due” means due!

新闻 / Court upholds indemnity claims along charterparty chain

01-11-2022 / 航运

Trafigura Maritime Logistics Pte Ltd v. Clearlake Shipping Pte Ltd (Miracle Hope) [2022] EWHC 2234 (Comm) This cargo misdelivery claim gave rise to various issues under the letters of indemnity (LOIs) that had been given in order to secure delivery of the cargo without presentation of the original bills of lading.

Court upholds indemnity claims along charterparty chain

洞察力 / The importance of considering termination rights carefully

25-10-2022 / 航运

The dispute in this case highlights the potential pitfalls involved in validly terminating a contract. In such cases, it is important to consider what rights of termination might be available, whether contractual or at common law or both, and what are the requirements for valid termination in either or both cases.

The importance of considering termination rights carefully

新闻 / Buyer who failed to meet laycan or provide satisfactory LC liable in damages

19-10-2022 / 航运

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.

Buyer who failed to meet laycan or provide satisfactory LC liable in damages

新闻 / Court of Appeal dismisses state immunity defence to in rem salvage proceedings

17-10-2022 / 航运

Argentum Exploration Ltd v. The Silver and all persons claiming to be interested in, and/or have rights in respect of, the silver (SS Tilawa) [2022] EWCA Civ 1318 The Court of Appeal, by a majority, has upheld the Admiralty Court decision that the Republic of South Africa (RSA) was not entitled to assert a claim of state immunity in respect of in rem proceedings brought by salvors concerning a cargo of silver bars recovered from the seabed 75 years after the sinking of the carrying vessel.

Court of Appeal dismisses state immunity defence to in rem salvage proceedings

新闻 / Appointing arbitrators: impartiality and disclosure

07-10-2022 / 航运

On 22 September 2022, the UK Law Commission published a consultation paper containing proposed law reforms to the Arbitration Act 1996 (the Act). The UK Government asked the Law Commission to review the Act to ensure that it is fit for purpose and that it continues to promote the UK as a leading destination for commercial arbitrations.

Appointing arbitrators: impartiality and disclosure

新闻 / Court finds one year time bar applies to claim for misdelivery after discharge

06-10-2022 / 航运

FIMBank p.l.c. v. KCH Shipping Co. Ltd (Giant Ace) [2022] EWHC 2400 (Comm) Article III r.6 of the Hague-Visby Rules (the “Rules”) provides that claims against the carrier are time-barred unless suit is brought within 12 months of the date of delivery or the date when the goods should have been delivered. However, does this apply to claims for misdelivery occurring after discharge? This is an important question formerly left unanswered the English Courts which has divided opinions. In an important judgment, the Court has now decided that it does.

Court finds one year time bar applies to claim for misdelivery after discharge

新闻 / The Arbitration Act 1996 – pause for thought, 25+ years on…

30-09-2022 / 航运

At the request of the UK Government, the Law Commission is reviewing the Arbitration Act 1996 (the “Act”) to establish whether or not it remains fit for purpose.

The Arbitration Act 1996 – pause for thought, 25+ years on…

新闻 / IMO’s Short Term Measure for reducing greenhouse gas emissions: implications for maritime industry

16-09-2022 / 航运

The committee responsible for addressing environmental issues under the remit of the IMO is the Marine Environment Protection Committee (MEPC). Amongst several of its environmental safeguarding initiatives, the MEPC’s work includes the control of emissions from ships, including greenhouse gas emissions.

IMO’s Short Term Measure for reducing greenhouse gas emissions: implications for  maritime industry

新闻 / Shipping E-brief September 2022

14-09-2022 / 航运

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

Shipping E-brief September 2022

新闻 / UK Government National Strategy for Maritime Security emphasises importance of cyber resilience

13-09-2022 / 航运

“Our vision is that the UK in 2030 will continue to be a leading responsible and democratic cyber power, able to protect and promote our interests in and through cyberspace in the support of national goals.”

UK Government National Strategy for Maritime Security emphasises importance of cyber resilience

新闻 / Finance charters and events of default

08-09-2022 / 航运

OCM Maritime Nile LLC & Anor v. Courage Shipping Co Ltd & Others (Courage and Amethyst) [2022] EWCA Civ 1091 This case concerned an alleged Event of Default under a finance bareboat charter and owners’ rights to terminate and raised issues of general importance under bareboat charters.

Finance charters and events of default

新闻 / Court applies traditional good weather method for assessing vessel’s performance

07-09-2022 / 航运

Eastern Pacific Chartering Inc v. Pola Maritime Ltd (Divinegate) [2022] EWHC 2095 (Comm) The Court has recently dismissed a claim for wrongful arrest in an underperformance dispute and also given helpful guidance as to how speed and performance cases are to be approached.

Court applies traditional good weather method for assessing vessel’s performance

新闻 / Ince Scotland: Acquittal secured in marine prosecution - July 2022

02-09-2022 / 航运

Dual-Qualified Partner, Stefanie Johnston, led the team from Ince, assisted by Iain Franklin, Senior Associate, following a Scottish instruction to act on behalf of Mr. Steven Davie, who was being prosecuted for alleged breaches of the Merchant Shipping Act 1995 and The International Regulations for Preventing Collisions at Sea 1972 (“COLREGS”). The defence at trial was conducted by David Nicolson, advocate from Compass Chambers. Mr. Davie’s legal team successfully secured his acquittal at Inverness Sheriff Court.

Ince Scotland: Acquittal secured in marine prosecution - July 2022

新闻 / Maritime legal exposure in a post-grain laundering landscape?

02-09-2022 / 航运

In this article, Ince and Windward jointly consider the new phenomenon of Russian grain laundering, and the legal exposure for the maritime industry.

Maritime legal exposure in a post-grain laundering landscape?

新闻 / Julian Clark and Reema Shour from Ince in London have once again contributed to the International Comparative Legal Guides 2022. 

15-08-2022 / 航运

The publication provides in-depth analysis of laws and regulations across 34 jurisdictions and features two expert analysis chapters, discussing recognition of electronic trade documents and the maritime industry.

Julian Clark and Reema Shour from Ince in London have once again contributed to the International Comparative Legal Guides 2022. 

新闻 / Thélem’s the breaks: recovering English solicitors’ fees in the Scottish Courts

10-08-2022 / 航运

Kirkwood v. Thélem Assurances [2022] CSOH 53 A recent Outer House Opinion has provided welcome clarity on the recovery of English solicitors’ fees in the Scottish Courts.

Thélem’s the breaks: recovering English solicitors’ fees in the Scottish Courts

新闻 / Court finds extra-contractual counterclaims fell within scope of arbitration agreement

02-08-2022 / 航运

Sea Master Special Maritime Enterprise & another v. Arab Bank (Switzerland) Ltd (Sea Master) [2022] EWHC 1953 (Comm) This bill of lading dispute raised issues as to whether the Bank financing the purchase of a cargo, and the holder of a switch bill of lading for the cargo, was a party to the arbitration agreement incorporated into the switch bill and, if so, whether certain counterclaims brought by the Owners came within the scope of that arbitration agreement. The Court agreed with the tribunal’s findings that, once the Court had decided that the Bank was a party to the arbitration agreement, then the counterclaims for reasonable remuneration and quantum meruit came within the ambit of the arbitration agreement, being claims “arising out of or in connection” with the bill of lading contract.

Court finds extra-contractual counterclaims fell within scope of arbitration agreement

新闻 / Party offered reasonably satisfactory security following collision obliged to accept it

20-07-2022 / 航运

MV Pacific Pearl Co Ltd v. Osios David Shipping Inc (Panamax Alexander) [2022] EWCA Civ 798 The Court of Appeal has confirmed that a party to ASG 2, the standard form Collision Jurisdiction Agreement, is obliged to accept reasonable security once it is offered and cannot choose to refuse that security and seek alternative or better security by arresting a ship. In such circumstances, there is no right to an arrest or any justification for it.

Party offered reasonably satisfactory security following collision obliged to accept it

新闻 / Rosita Lau, MH calls for China businesses to opt for Hong Kong arbitration in their contracts

15-07-2022 / 航运

In an interview published this morning (14 July) in The Hong Kong Maritime Hub, Ince Partner Rosita Lau, MH calls for Chinese businesses to opt for Hong Kong arbitration in their contracts, initiative that requires attention of officials from the highest level.

Rosita Lau, MH calls for China businesses to opt for Hong Kong arbitration in their contracts

新闻 / Court finds Covid-19 restrictions did not constitute force majeure under MOA

13-07-2022 / 航运

NKD Maritime Limited v. Bart Maritime (No 2) Inc (Shagang Giant) [2022] EWHC 1615 (Comm) The Court has construed a force majeure clause and considered whether Buyers validly terminated a contract for the sale of a vessel on the basis that Covid-19 lockdown restrictions prevented Sellers from transferring title in the Vessel. 

Court finds Covid-19 restrictions did not constitute force majeure under MOA

新闻 / Shipping gets smart

20-06-2022 / 航运

On 25 November 2021, the UK Law Commission published its Advice to the UK Government on how English law currently applies to smart legal contracts. Subsequently, on 16 March 2022, the Law Commission published its report on electronic trade documents, together with draft legislation that would implement its recommendations to allow for the legal recognition of trade documents such as bills of lading and bills of exchange in electronic form.

Shipping gets smart

新闻 / Carrier Under CMR Successful in Limiting Liability for Consignee’s Losses

14-06-2022 / 航运

Paul Knapfield v. C.A.R.S. Ltd & others [2022] EWHC 1437 (Comm) Disputes under the Carriage of Goods by Road Act 1965, which incorporates the Convention on the Contract for the International Carriage of Goods by Road 1956 (CMR), do not come up very often. This decision is, therefore, useful in illustrating when and how the CMR applies. In this case, the Court found that the CMR limit of liability applied to the claimant’s claim, with the result that his losses far exceeded the amount he could ultimately recover from the carrier.

Carrier Under CMR Successful in Limiting Liability for Consignee’s Losses

新闻 / CONVERSIONCON: An industry first

14-06-2022 / 航运

BIMCO has recently published CONVERSIONCON, a new standard form contract for conversion projects. The authors of this article were honoured to be part of the drafting team tasked with developing and producing the first industry standard form contract for conversion projects.

CONVERSIONCON: An industry first

新闻 / Taking a closer look at the biggest factors driving the progress of the UAE’s maritime sector

10-06-2022 / 航运

As we move past the vertex of a U-shaped dip in the global shipping sector caused by supply chain restrictions arising from the COVID-19 pandemic, it is worthwhile to look back at the UAE maritime industry’s growth, lessons learned, and development outlook. Although international maritime trade dropped by 4.1 per cent in 2020, the UAE made significant achievements during this period, ranking third globally in the Bunker Supply Index, and fifth globally as a key competitive maritime hub.

Taking a closer look at the biggest factors driving the progress of the UAE’s maritime sector

新闻 / Court construes scope of indemnity under Mortgagees’ Interest Insurance Policy

06-06-2022 / 保险, 航运

Piraeus Bank A.E. v Antares Underwriting Limited and others (The ZouZou) [2022] EWHC 1169 (Comm)

Court construes scope of indemnity under Mortgagees’ Interest Insurance Policy

新闻 / Ince bolsters presence in Greece with seven new hires in Piraeus office

01-06-2022 / 航运

Ince is growing its Piraeus office with the addition of three shipping litigators, three ship finance experts, and an additional mariner to the admiralty team.

Ince bolsters presence in Greece with seven new hires in Piraeus office

新闻 / Navigating Precautionary Areas: cross carefully!

30-05-2022 / 航运

Wilforce LLC and Awilco LNG AS v. Ratu Shipping Co SA and Sea Queen Shipping Corporation (Wilforce v. Western Moscow) [2022] EWHC 1190 (Admlty) The Admiralty Court has recently handed down judgment in the case of the collision between the LNG carrier Wilforce and the bulk carrier Western Moscow which took place in the Singapore Straits in May 2019. This case is notably the first collision case to come before the Admiralty Court since the Supreme Court handed down its judgment in the Ever Smart collision case. It is also the first case in which the Court has had to consider responsibility for a collision in a Precautionary Area.

Navigating Precautionary Areas: cross carefully!

新闻 / Partners Rosita Lau and Max Cross recognised as "Litigation Stars" in Benchmark Litigation guide

26-05-2022 / 航运

We are proud to announce Ince is recognised as a top-tier shipping firm again in the latest edition of the Benchmark Litigation Asia-Pacific 2022 guide. Additionally, partners Rosita Lau and Max Cross are named as “Litigation Stars” in Shipping.

Partners Rosita Lau and Max Cross recognised as "Litigation Stars" in Benchmark Litigation guide

新闻 / Shipping E-brief May 2022

16-05-2022 / 航运

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

Shipping E-brief May 2022

新闻 / Court dismisses appeal from arbitration award that challenged findings of fact

09-05-2022 / 航运

Laysun Service Co Limited v. Del Monte International GMBH [2022] EWHC 699 (Comm) This was a dispute under a contract of affreightment, in which the arbitral tribunal made an award in the Charterers’ favour. The Owners subsequently appealed, alleging that the tribunal had erred in its findings on issues of law. The Court, however, dismissed the challenge, concluding that the Owners were in fact seeking to impugn the arbitrators’ findings of fact, which were not open for appeal.

Court dismisses appeal from arbitration award that challenged findings of fact

新闻 / The IPCC Report and its impact on shipping

09-05-2022 / 航运

In April 2022, the Intergovernmental Panel on Climate Change (IPCC) published the Working Group III report on “Mitigation of Climate Change”, the third instalment of the IPCC’s Sixth Assessment Report. This follows the Working Group I report on “The Physical Science Basis” and the Working Group II report on “Impacts, Adaptation and Vulnerability”.

The IPCC Report and its impact on shipping

新闻 / Electronic trade documents: the Law Commission’s recommended reforms

09-05-2022 / 航运

The Law Commission of England and Wales has now published its final report on electronic trade documents, together with draft legislation for intended presentation to Parliament by May 2022.

Electronic trade documents: the Law Commission’s recommended reforms

新闻 / Court dismisses financing bank’s misdelivery claim for lack of title to sue

04-05-2022 / 航运

Unicredit Bank AG v. Euronav NV (Sienna) [2022] EWHC 957 (Comm) This was a claim brought by a bank that financed the purchase of a cargo and subsequently sought to recover damages for misdelivery following discharge of the cargo without production of the original bill of lading. The claim failed because, in the circumstances of this case, the bill of lading that had been endorsed to the Bank did not contain or evidence the contract of carriage in respect of the cargo.

Court dismisses financing bank’s misdelivery claim for lack of title to sue

洞察力 / Court corrects obvious accounting mistake in arbitration award

27-04-2022 / 航运

In a charterparty dispute, the Court has set aside part of an arbitration award on the grounds that the arbitrator reached a conclusion that was contrary to the common position of the parties, and for which neither party contended, without providing an opportunity for the parties to address him on the issue. In the circumstances, this represented a failure to conduct the proceedings fairly. The decision provides useful guidance on how to proceed where a tribunal makes an obvious mistake in its award but declines to remedy it.

Court corrects obvious accounting mistake in arbitration award

洞察力 / Court finds interim relief obtained from foreign court breached arbitration agreement

26-04-2022 / 航运

The English Court has granted an anti-suit injunction to restrain court proceedings brought in Brazil because they breached a charterparty arbitration provision. Anti-suit relief was appropriate because the relief obtained from the Brazilian Court had not been sought in support of substantive proceedings elsewhere but in effect amounted to a determination that left nothing substantive to be decided in arbitration.

Court finds interim relief obtained from foreign court breached arbitration agreement

新闻 / Marine Money London Ship Finance Forum 2022

12-04-2022 / 航运

We were delighted to be part of the Marine Money London Ship Finance Forum on 11 April 2022.

Marine Money London Ship Finance Forum 2022

洞察力 / Court considers termination provisions and equitable relief against forfeiture under bareboat charters

08-04-2022 / 航运

OCM Maritime Nile LLC & Anor v. Courage Shipping Co Ltd & Others (Courage and Amethyst) [2022] EWHC 452 (Comm)

Court considers termination provisions and equitable relief against forfeiture under bareboat charters

新闻 / Agreement for existing DIFC-LCIA arbitrations to be administered by LCIA

01-04-2022 / 航运

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.

Agreement for existing DIFC-LCIA arbitrations to be administered by LCIA

新闻 / InceDemurrage launches as industry-first fully integrated expert analysis and legal advisory service for demurrage claims

28-03-2022 / 航运

Our collaboration with Demurrage Desk combines integrated expert demurrage and laytime insights with legal advisory on claims and disputes, elevating demurrage processes to a higher standard

InceDemurrage launches as industry-first fully integrated expert analysis and legal advisory service for demurrage claims

新闻 / Rosita Lau's appointment of Hong Kong Maritime and Port Board (New Term 2022-24) and Ince’s presence in the Board in the New Term

25-03-2022 / 航运

On 25 March 2022, the Hong Kong Government announced the appointed individual members and institutional members of the next term (April 2022 to March 2024) of the Hong Kong Maritime and Port Board (HKMPB), and Partner Rosita Lau is re-appointed for the fourth time as a member of the Board in her personal capacity, and is also appointed as the new Chairperson of the Promotion and External Relation Committee of HKMPB.

Rosita Lau's appointment of Hong Kong Maritime and Port Board (New Term 2022-24) and Ince’s presence in the Board in the New Term

新闻 / Court upholds claim for contaminated fuel oil

21-03-2022 / 航运

This dispute, arising out of the sale and purchase of a quantity of crude oil, involved a number of contractual issues that commonly arise in commodities cases. Among other things, the Court considered what the terms of the sale contract were, whether there was a breach of the quality provisions and what was the appropriate measure of damages. Interestingly, the Court decided that this was not a “battle of the forms” scenario so the “last shot” doctrine did not apply in determining when the agreement was concluded and on what terms.

Court upholds claim for contaminated fuel oil

新闻 / High Court assesses insurable interest principle and late payment damages claim

16-03-2022 / 保险, 航运

Quadra Commodities SA v XL Insurance Company SE & Ors [2022] EWHC 431 (Comm) This recent High Court case deals with a claim arising from the “Agroinvestgroup Fraud” which affected the Ukrainian agribusiness in early 2019. It provides useful guidance on the interpretation of all-risks cargo policies and, for the first time, how the Courts will treat claims for late payment damages under section 13A of the Insurance Act 2015.

High Court assesses insurable interest principle and late payment damages claim

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