Insights

Sanctions clause bites in respect of US secondary sanctions: Lamesa v Cynergy. In Lamesa Investments Limited v Cynergy Bank Limited [2019] EWHC 1877 (Comm) the English Commercial Court was asked to consider whether a party could be excused from contractual performance which could expose it to US “secondary sanctions”. The case is a useful reminder to consider the reach of relevant foreign sanctions and ensure contractual provisions are drafted with these in mind.

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...