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Public Company Rise v Nibulon SA – QBD (Comm Ct) (Hamblen J) [2015] EWHC 684 (Comm) – 24 March 2015
Sale
of goods – Contracts for sale of Ukrainian feed corn – Ukrainian government
issuing export quota restrictions – Whether sellers discharged from liability
to perform contracts – GAFTA Prohibition Clause
Online Published Date:
09 June 2015
Appeared in issue:
927 - 12 June 2015
Virtu Fast Ferries Ltd v The Ship “Cape Leveque” – Federal Ct of Australia (Full Ct) (Alsop CJ, Mansfield and McKerracher JJ) [2015] FCAFC 58 – 30 April 2015
Admiralty
– Jurisdiction – Surrogate ship – Plaintiff bringing arbitration proceedings
against shipbuilder alleging defects in construction of plaintiff’s vessel –
Plaintiff filing action in rem against surrogate ship – Plaintiff’s ship under
construction and not yet launched when causes of action arose – Whether
plaintiff entitled to arrest surrogate ship
Online Published Date:
09 June 2015
Appeared in issue:
927 - 12 June 2015
London Arbitration 9/15
Charterparty
– Part cargo of condensed molasses soluble – Whether owners precluded from
loading completion cargo of same product – Whether charter should be rectified
– Whether owners in breach of charterparty – Damages – Charterers having
difficulty in establishing quantum of loss – Whether charterers entitled to
account of profits – Whether charterers entitled to Wrotham Park damages
Online Published Date:
09 June 2015
Appeared in issue:
927 - 12 June 2015
Mitsui OSK Lines Ltd v Salgaocar Mining Industries Pvt Ltd (The “Unta”) – QBD (Comm Ct) (Eder J) [2015] EWHC 565 (Comm)– 16 February 2015
Charterparty
– Guarantee – Owners claiming damages against guarantor following repudiatory
breach by charterers – Whether guarantee enforceable – Whether brokers had
authority to conclude guarantee – Whether guarantee in writing – Whether
guarantee signed by guarantor – Whether guarantor in breach – Quantum of
damages
Online Published Date:
09 June 2015
Appeared in issue:
927 - 12 June 2015