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Navig8 Chemicals Pool Inc v Glencore Agriculture BV (The “Songa Winds”) – Court of Appeal (Sir Geoffrey Vos C, Simon and Asplin LJJ) [2018] EWCA Civ 1901) – 21 August 2018
Contract
– Letter of indemnity – Cargo delivered without production of bill of lading against
LOI – Shipowner bringing claim under LOI – Clause
38 of voyage charter providing that period of validity of any letter of
indemnity to be three months from date of issue – Whether clause 38
incorporated into LOI – Whether shipowners’ claim under LOI time-barred
Online Published Date:
30 August 2018
Appeared in issue:
1011 - 31 August 2018
Euro-Asian Oil SA v Credit Suisse AG – Court of Appeal (Gloster, King and Simon LJJ) [2018] EWCA Civ 1720) – 25 July 2018
Sale
of goods – Contract for sale of gasoil CIF Constanza – Payment to be made against
shipping documents or letter of indemnity – Letter of indemnity signed by seller
and by seller’s bank – Buyer paying price but receiving no product – Buyer suing
seller and seller’s bank – Whether contract in fact on CIF terms – Whether seller
entitled to damages – Measure of damages – Whether seller’s bank entitled to indemnity
or contribution from seller
Online Published Date:
30 August 2018
Appeared in issue:
1011 - 31 August 2018
Dera Commercial Estate v Derya Inc (The “Sur”) – QBD (Comm Ct) (Carr J) [2018] EWHC 1673 (Comm) – 13 July 2018
Arbitration
– Delay – Whether arbitration tribunal entitled to strike out proceedings for
inordinate and inexcusable delay – Serious irregularity – Whether tribunal
guilty of apparent bias
Online Published Date:
30 August 2018
Appeared in issue:
1011 - 31 August 2018