Insights

In previous publications the importance of accurate estimating of costs has been highlighted. In order to provide increased certainty for Members and the Club, the Board is requiring the Managers to change the way in which suppliers bill for the services they provide.

The English Court of Appeal has overturned a High Court decision on the interpretation of a consequential loss provision in a drilling contract in Transocean Drilling v Providence Resources[2016] EWCA Civ. 372. The judgment provides useful and more general guidance as to how the court will interpret provisions in commercial contracts. It also serves as a reminder of the importance of clearly drafted contractual provisions.

The demise of the OW Bunker group of companies in November, 2014, has provoked litigation worldwide. The Association has supported the owner of the RES COGITANS in its efforts to avoid having to pay twice for fuel supplied to the ship. This has now culminated in a decision by the Supreme Court in favour of the bunker supplier.

BIMCO recently announced (16th January, 2016) that the Intermediate Claims Procedure has been removed from the standard BIMCO dispute resolution clause following a request that they received from the London Maritime Arbitrators Association (LMAA). The LMAA decided to take such action because they found that the procedure was not being used to the extent they had anticipated following its introduction in 2009. This article looks to highlight the key differences between the Intermediate Claims Procedure and the alternative dispute resolution procedures more commonly used.

This article looks at the Supreme Court’s decision in Cavendish Square Holding BV v El Makdessi and ParkingEye Ltd v Beavis [2015] UKSC67. This is the first time this court has considered the principles governing penalty clauses since 1915.