Articles

I have settled the claim – Can I enforce an indemnity to recover the settlement? Maurice Lynch, Senior Associate, Mills Oakley Many persons and entities consider that a contractual indemnity gives them carte blanche to settle claims made against them by third parties...

By Stefanie Landauer and Dr. Marco Remiorz, Dabelstein & Passehl, Germany Facts Claimant is the transport insurer of cargo interests, the Respondent is a freight forwarding company which has been instructed by the damaged party to deliver goods (that have been...

Ik Wei Chong, Clyde + Co, Shanghai In a recent case in Singapore, the Court of Appeal examined whether punitive damages may be awarded for a pure contractual breach. Facts PH Hydraulics & Engineering Pte Ltd (PH) designs, manufactures, and supplies heavy offshore...

Paul Bugden, Bugden + Co., London Ref: Fulton Shipping v Globalia Business Travel (The New Flamenco) [2017] UKSC 43; [2017] 1 W.L.R. 2581. Once again fundamental principles of damages for breach of contract have reached the Supreme Court for consideration in the...

Paul Bugden, Bugden + Co., London Ref: Gard Marine and Energy Ltd  v China National Chartering Company Ltd  [2017] UKSC 35; [2017] WLR 1793. By a demise charterparty the vessel’s owners, Ocean Victory Maritime Inc. (“the owners”) chartered the vessel to Ocean Line...

Dr. Marco Remiorz, Dabelstein & Passehl, Germany Facts A tanker barge anchored on the Rhine River within an area were anchoring was prohibited. During a manoeuver the vessel ran aground and was secured with an anchor; the anchor chain blocked the entrance to a...

Paul Bugden, Bugden + Co., London Kyokuyo Co Ltd v A P Møller-Maersk A/S [2017] EWHC 654 (Comm) Andrew Baker J. 1. Background facts The claimant was the receiver of three container loads of frozen bluefin, made up of tuna loins and bags of tuna parts, shipped at...

Gill Nadel + Ohad Krief, Goldfarb Seligman, Israel Background: Importers utilize the services of various logistics entities in the cargo transportation process, including international forwarders, shipping companies, air carriers, custom brokers, logistic warehouses...

George Wang, Dentons Beijing The practices of cargo forwarding businesses are always contentious, especially in Chinese jurisdiction, where the industry is governed by several statutory laws and regulations. Every party involved should be scrupulous when doing the...

Ik Wei Chong, Clyde + Co, Shanghai The Supreme Court of China recently delivered a ruling on the application of Chapter 9 of the Chinese Maritime Code (CMC) [N1] dealing mainly with disputes arising out of salvage at sea - to contracts for salvage based on pre-agreed...