News & Knowledge

The United Nations Convention on International Settlement Agreements Resulting from Mediation

This will provide for the enforcement of mediated settlement agreements across country borders. It is being seen as the counterpart to the New York Arbitration Convention.

Governance of the high seas – important marine conservation treaty being negotiated with very little fanfare

With remarkably little press coverage a UN facilitated conference is underway with a view to producing a new treaty governing various uses of the high seas. The eventual aim is for the states involved to agree the wording of a treaty governing the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (i.e. the high seas).

Boskalis Offshore Marine Contracting BV v Atlantic Marine and Aviation LLP (the “ATLANTIC TONJER”)

This was an appeal from the decision of an arbitration tribunal concerning the proper interpretation of the payment obligations under the BIMCO SupplyTime 2017 Charter Party for Offshore Support Vessels.

Deliberately started fires and the Hague-Visby Rules: Glencore Energy UK Ltd, Glencore Ltd v Freeport Holdings Ltd, The ‘Lady M’

The Court of Appeal has confirmed that the fire exception in the Hague-Visby rules applies even in circumstances where the fire was deliberately started by a crew member.

Passage planning – an incident of unseaworthiness or if done badly an example of negligent navigation?

Myton Law recently acted for cargo owner and their insurers in an arbitration in which this was an issue. At the time there was no precedent.

English law and implied terms – when does the court step in and imply terms into a contract?

As  might be apparent, implied terms are terms that have not been expressly agreed by the parties, the latter being stated in the contract.

No common law rule against set-off in freight forwarding contracts

In the recent case Globalink Transportation and Logistics Worldwide LLP v DHL Project & Chartering Limited [2019] EWHC 255 (Comm) the Commercial Court has further defined the limits of the common-law rule against set-off from freight.

Department for Transport Launches new Maritime Strategy: “Maritime 2050 – Navigating the Future”

The Department for Transport has published its long term strategy for the maritime sector - “Maritime 2050 – Navigating the Future”. As well as setting ambitious targets for the future of the sector, the strategy provides a useful “where we are” analysis, by reference to key facts and figures, of the UK Maritime Sector today.

Another Case on Litigation Privilege

The court of appeal has handed down an important judgement confirming that litigation privilege does not extend to internal commercial settlement discussions.

Pin it to the Mast Part 2 – THE APPEAL –NatWest Markets plc v Stallion Eight Shipping Co. SA [2018] (The “ALKYON”)

For those only interested in the outcome and practical implications we have set out the key conclusions of the case in an executive summary. But in an attempt to do justice to the judgement this is followed by an outline of some of the key points considered in the judgement.

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