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Yuchai Dongte Special Purpose Automobile Co Ltd v Suisse Credit Capital (2009) Ltd – QBD (Comm Ct) (Christopher Hancock QC sitting as a Deputy High Court Judge) [2018] EWHC 2580 (Comm) – 9 October 2018
Banking
– Letter of credit – Identity of issuer of letter of credit – Extrinsic
evidence – Whether issuing bank excluded liability to make payment – Whether
claimant estopped by convention from asserting that defendant was issuing bank
Online Published Date:
03 January 2019
Appeared in issue:
1020 - 03 January 2019
Midnight Marine Ltd and Another v Thomas Miller Speciality Underwriting Agency Ltd (The “Labhauler”) – QBD (Comm Ct) (Males J) [2018] EWHC 3431 (Comm) – 12 December 2018
Arbitration
– Award – Respondent challenging award in High Court under sections 68 and 69
of Arbitration Act 1996 – Challenges dismissed on paper – Respondent renewing
applications by way of oral hearing – Procedure to be adopted for oral hearings
– Commercial Court Guide, para O8.5
Online Published Date:
03 January 2019
Appeared in issue:
1020 - 03 January 2019
Qingdao Huiquan Shipping Company v Shanghai Dong He Xin Industry Group Co Ltd – QBD (Comm Ct) (Bryan J) [2018] EWHC 3009 (Comm) – 25 September 2018
Practice
– Anti-suit injunction – Shipowners and cargo receivers concluding settlement
agreement containing London arbitration clause – Non-party bringing proceedings
against shipowners in Chinese courts based on settlement agreement – Whether
shipowners entitled to anti-suit injunction
Online Published Date:
03 January 2019
Appeared in issue:
1020 - 03 January 2019
Gunvor SA v CruGas Yemen Ltd and Another – QBD (Comm Ct) (Phillips J) [2018] EWHC 2061 (Comm) – 23 July 2018
Sale
of goods – Term contract for sale of gasoline by 12 monthly consignments on cif
terms – Seller claiming demurrage and other sums due under contract – Identity
of buyer – Whether demurrage claims time-barred – Whether implied term that
demurrage rates should be in line with market rate – Whether entitlement to
demurrage was an indemnity or free-standing
Online Published Date:
03 January 2019
Appeared in issue:
1020 - 03 January 2019