Case Note on Septo Trading Inc v Tintrade Limited: Interpretation of alleged inconsistencies between bespoke terms and standard forms
Introduction 1. On 18 May 2021 the Court of Appeal handed down its judgment in the case of Septo Trading Inc v Tintrade Limited [2021] EWCA Civ 718. While the case does not change the law, it provides a helpful outline as to the approach to be taken to interpreting alleged inconsistencies between bespoke terms […]
27th May 2021
Maritime Bulletin – Argos Pereira Espana SL & anor v Athenian Marine Ltd (mv “Frio Dolphin”)
Alexander Wright succeeds in first case establishing a right of equitable compensation against a subrogated insurer bringing foreign proceedings contrary to a forum clause. The Commercial Court has today handed down its judgment in the important case of Argos Pereira Espana SL & anor v Athenian Marine Ltd (mv “Frio Dolphin”) [2021] EWHC 554 (Comm). […]
10th March 2021
Construction Newsletter – How far can you go? Anti-suit injunctions, interim relief and ICC Arbitration Rules: SRS v Chemie Tech
Introduction and background The ICC Arbitration Rules permit parties to seek interim relief before courts in support of an arbitration. But it is a breach of any exclusive arbitration clause to seek a substantive ruling from a court on issues which should be referred to an arbitration. Where, then, is the dividing line between interim […]
12th November 2020
Maritime Bulletin – Eternal Bliss: Demurrage is not an exclusive remedy
It is not uncommon for voyage charterers to breach the charterparty by failing to load or discharge at the agreed rate and thus exceed the permitted laytime. It is also not uncommon for this to involve no other breach of the charterparty. Owners in such circumstances are entitled to demurrage at the stipulated rate. But […]
5th November 2020
International Arbitration Newsletter – The LCIA 2020 Update
In this edition of our International Arbitration Newsletter, Robert Scrivener considers the 2020 update to the LCIA Rules. A. The LCIA 2020 Update On 11 August 2020, the LCIA published[1] an updated set of arbitration rules (the “Rules”), due to come into effect on 1 October 2020. They also published an updated set of mediation […]
12th August 2020
Contact Tracing – The Ethical and Legal Issues
Anthony Speaight QC, Iain Munro and Anna Hoffmann Three members of chambers examine the ethical debate and legal issues surrounding the adoption of a contact tracing app. They conclude that the technology which the British Government has to date favoured raises a host of ethical dilemmas and legal challenges. The technological responses to the pandemic […]
3rd June 2020
Construction Newsletter – Important Decision from the Qatar Financial Centre Court of Appeal
Demand guarantees, strict compliance, and preclusion: Qatar Financial Centre Court of Appeal upholds enforcement of guarantees and provides guidance on the interpretation and application of the URDG. Key points The Court of Appeal of the Qatar Financial Centre (part of the Qatar International Court and Dispute Resolution Centre) has decided its first case relating to […]
13th May 2020
UK Government’s “Guidance on responsible contractual behaviour” – toothless for now, but laying foundations for further measures
On 7 May 2020, the Government published a document entitled “Guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the COVID-19 emergency” (the “guidance”). In this short article, Sean Brannigan QC and Kajetan Wandowicz summarise the guidance, and discuss its potential implications for commercial parties. It was prepared jointly by the Cabinet Office and […]
12th May 2020
The Five ‘C’s for Commercial Parties
As companies react to the impact of the COVID-19 pandemic, Andrew Stevens sets out five practical pointers for commercial parties whose contracts have been impacted by the crisis. The full article is available here. To find out more about Andrew’s practice, please contact our clerks on +44(0)207 842 5555 or email clerks@4pumpcourt.com.
24th April 2020
International Arbitration Newsletter
In the latest edition of our International Arbitration Newsletter, Robert Scrivener focuses on two recent updates from the English Court of Appeal regarding international arbitration. The first comes from Kabab-Ji S.A.L. v Kout Food Group [2020] EWCA Civ 6 and the law that is applicable to an arbitration clause. The second relates to A & B v […]
23rd April 2020
Construction Newsletter – The TCC throws a spanner in the works of expert witness firms
Summary In what is likely to be a significant blow to firms providing expert witness services, the TCC has recently issued a judgment that may heavily curtail their activities. In a decision issued last week in A Company v X, Y, Z [2020] EWHC 809 (TCC) the claimant succeeded in continuing an injunction restraining the […]
9th April 2020
Maritime Bulletin – State of the Market, February 2020
Club renewal time provides a useful time to review the state of the market, and to compare what commentaries say with our own experience. 2020 IMO Low Sulphur has been the long tail news item. Owners are facing increased costs of compliance, whichever route they have decided to take for their vessels. There are reports […]
25th February 2020
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