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26/09/2019
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.

20/09/2019
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...

13/09/2019
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.

21/08/2019
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.

19/08/2019
In response to industry-wide concerns as to whether there will be sufficient supplies of low sulphur fuel available after 2020, the IMO has made provisions in MARPOL. In the event of non-availability, ships are not required to deviate to find compliant fuel and may submit a fuel oil non-availability report, or “FONAR”. In this article we consider the extent of the protection afforded by these provisions and related contractual issues.

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