Insights

The Court of Appeal has overturned an earlier, somewhat controversial, decision of the Commercial Court in relation to force majeure clauses. The case grapples with two key questions: whether it is necessary to show “but for” causation in order to invoke a force majeure clause and whether the innocent party is entitled to damages even if the contract would not have been performed in any event...

The impact on charterparties and issues for consideration. The past few decades have seen a trend of globalisation and integration across the world with the breakdown of conventional borders both via expanding international trade and increasing digital connectivity.

过去几十年，全球化和世界融合的趋势日益明显，随着国际 贸易增长及数据连接增加，传统疆界变得模糊。

This bulletin summarises various recent developments in relation to US sanctions on Iran...

The English High Court was recently called on in Eleni Shipping Limited v Transgrain Shipping BV (“The Eleni P”) [2019] EWHC 910 (Comm) to consider whether an act of piracy near, but outside, the region generally identified as the Gulf of Aden was sufficient to place the ship off-hire under a time charter. Although the dispute centred round particular rider clauses, this decision is a useful reminder of the process by which charterparties are construed by the courts and arbitral tribunals and the need for clear provisions to put a ship off-hire.