by Editor | Apr 2, 2019 | Case Summaries, Commercial Issues, STCs
By Frazer Hunt, Partner, and Maurice Lynch, Special Counsel, Mills Oakley, Australia On 1 April 2019, the Australian Competition and Consumer Commission accepted a court enforceable undertaking from Hutchison Ports Australia Pty Ltd in respect of its standard form...
by Editor | Mar 25, 2019 | Commercial Issues
English law and implied terms – when does the court step in and imply terms into a contract? John Habergham, Myton Law, Hull U.K. Introduction As might be apparent, implied terms are terms that have not been expressly agreed by the parties, the latter being stated...
by Editor | Mar 19, 2019 | Case Summaries, Commercial Issues
John Habergham, Myton Law, Hull U.K. In the recent case Globalink Transportation and Logistics Worldwide LLP v DHL Project & Chartering Limited [2019] the Commercial Court has further defined the limits of the common-law rule against set-off from freight. The rule...
by Editor | Jan 29, 2019 | Case Summaries, Commercial Issues, Principal + Agent
Adry Poelmans, Van Doosselaere Avocaten, Belgium In Belgian jurisprudence, controversy has arisen recently as to the question whether a forwarding agent is “presumed” and also “entitled” to initiate, continue and maintain legal proceedings, or halt them if he has not...
by Editor | Dec 7, 2018 | Commercial Issues, National Issues
Ik Wei Chong, Clyde + Co, Shanghai China adopts a civil law system and there is no concept of binding case precedent. Judicial Interpretations, in particular those made by the Chinese Supreme Court, are important legal documents which must be referred by all lower...
by Editor | Nov 29, 2018 | Carriage by Sea, Commercial Issues
What happened? Martial law was imposed in Ukraine for 30 days as president of Ukraine Petro Poroshenko warned of the “extremely serious” threat of a Russian land invasion. The parliament voted in favour of the measure on Monday night in response to the capture...
