Insights

In this video Paul Herring, Alex McCue and Jim Roberts discuss the BIMCO CII Operations Clause for Time Charter Parties 2022 and the potential implications for both owners and charterers. Watch the video Please also read our Insight The BIMCO CII clause: what does the future hold? for further information.

These Service Guidelines (2023) set out the Club’s expectations as to how Defence matters should be handled by the lawyers instructed on behalf of Members. They reflect the Club’s policy of “no surprises” but also contain...

In the recent case of Fastfreight Pte Ltd v Bulk Trident Shipping Ltd [2023] EWHC 105, the Commercial Court held that where a charterparty contained a clause providing that no deductions were to be made without an...

The separability principle, as set out at section 7 of the Arbitration Act 1996, essentially provides that an arbitration agreement is, or must be treated as, a contract which is separate from the main contract of which it forms part. In DHL Project & Chartering Ltd v Gemini Ocean Shipping Ltd (the “Newcastle Express”) [2022] EWCA Civ 1555 the Court of Appeal considered the application of the separability principle in determining whether there was a binding arbitration agreement where the proposed charterparty recap expressly contained a subject and that subject had not been ‘lifted’. 

The historic doctrines of champerty and maintenance, which essentially prohibit third-party litigation and arbitration funding, have been amended and/or phased out in a number of jurisdictions, including England and Wales.  Hong Kong has recently taken steps to relax its laws by amending the existing legislation to permit contingency based fee arrangements in the majority of arbitration proceedings (except those relating to criminal or family matters).