#englishlaw
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Articles and case comments
- Russian court awaiting England and Wales Court of Appeal’s judgment on anti-suit injunction (No. A56-73495/2023, UniCredit Bank GmbH v. RusChemAlliance LLC [2024] 1 Lloyd’s Rep 350)The High Court in London has been hearing several cases relating to the anti-suit injunction against RusChemAlliance LLC (Commerzbank AG v. RusChemAlliance LLC [2023] 2 Lloyd’s Rep 587; Deutshe Bank AG v. RusChemAlliance LLC [2023] 2 Lloyd’s Rep 600). To date, the latest in a series of cases has…
- Star Axe v. Royal Alliance [2023] EWHC 2784 (Comm)This case dealt with the question of which edition, 1994 or 2016, of the York-Antwerp Rules (YAR) should apply. The claimant issued 7 Congenbills bills of lading in 2021. On 03 November 2021, the vessel with cargo onboard struck an unknown submerged object and sustained damage. The claimant…
- Quadra v. XL Insurance [2023] EWCA Civ 432This was a claim made by Quadra (the claimant) against its insurers (the defendant) for the insurance compensation under the Marine Cargo Open Policy. The claimant entered into agreements to purchase the grain with several companies belonging to the Ukrainian group Agroinvest (the seller). The…
- Deutsche Bank AG v. RusChemAlliance LLC [2023] EWCA Civ 1144This was an application for an anti-suit injunction (ASI) by Deutsche Bank AG (the applicant) against RusChemAlliance LLC (the defendant). The defendant entered into an agreement with the German company (the contractor) for the engineering, procurement and construction of the LNG plant in Ust-Luga.…
- Angsley Investments Ltd. v. Jupiter Denizcilik Tasimacilik Mumessillik San Ve Ticaret Ltd. Sirketi and Others (The Lima I and The Lima II) – Bombay High Court (Justice Shriram and Justice Patil), 8 March 2023Tribunal: High Court of Bombay. Date of the decision: March 8, 2023. Appellant / Original Defendant No. 3: Angsley Investments Ltd. (hereinafter referred to as “Angsley”). Original plaintiff: Jupiter Denizcilik Tasimacilik Mumessillik San Ve Ticaret Ltd Sirketi (hereinafter referred to as…
- AMS Ameropa Marketing Sales AG and Another v. Ocean Unity Navigation Inc. (KBD (Comm Ct)) [2023] EWHC 3264 (Comm)Tribunal: King’s Bench Division of the High Court of Justice, Commercial Court. Date of the decision: December 19, 2023. First Claimant: AMS Ameropa Marketing Sales AG, the assignee of the rights of International Oil Multiseed Extraction Co. (hereinafter referred to as “Oilex”). Oilex is the lawful…
- The Bill of Lading Jurisdiction Clause. A cross channel conflictThis article examines the establishment of those legal principles that have historically evolved in this area under French civil law. The article also traces the development of the practice of the French courts, which is gradually moving away from the limitations contained in previous decisions concerning the validity of jurisdictional clauses.
- The Real Effect of Declaration of Abandonment in Maritime Law in the UK and RussiaThe article studies the real effect of the abandonment in Russian maritime insurance. On the one hand, the author examines the reasons why the institution of the abandonment arose in English maritime insurance and the goals which it was intended to fulfil. On the other hand, she analyses the mechanism for the emergence of title (ownership) under the Russian Civil Code. As a result, the author concludes that the need to preserve the real effect of the declaration of abandonment in Russian maritime law is highly questionable.
- Cancelling Clause and Its Connection to Breach of ContractCancelling Clause and Its Connection to Breach of Contract Both charterers and shippers would like to know the exact date of the vessel’s arrival at the port of loading. They need to understand in advance when it is necessary to have cargo ready for loading and how much time the vessel can spend…
- Billion Life Insurance Policy, Investment Time Machine, or What a Fragile Woman, Amanda Blanc, Has to FightSo, given: a composite insurance company, and is engaged in risk and life insurance. There are very few of them in Britain now. This is the one where I worked – “Black Sea”, Ingosstrakhovskaya daughter – that was. Legal & General is also a composite. “RSA” was, but it can now be divided. Aviva. The…
- Apparent or not Apparent: Order and Condition of the Goods’Noble Chartering Inc v Priminds Shipping Hong Kong Co Ltd (“Tai Prize”) [2021] EWCA Civ 87 (28 January 2021)
- Narrow Channel: First Collision Case before the Supreme Court of the United Kingdom in 50 YearsEvergreen Marine (UK) Ltd v Nautical Challenge Ltd [2021] UKSC 6 (19 February 2021)
- Reserved Rights CaseSK Shipping Europe PLC v (3) Capital VLCC 3 Corp and (5) Capital Maritime and Trading Corp (C Challenger), [2020] EWHC 3448 (Comm)
- Sunken Silver CaseArgentum Exploration Ltd. v The Silver and all persons claiming to be interested in and/or to have rights in respect of the silver, [2020] EWHC 3434 (Admty)
- Sea Master Shipping Inc v Arab Bank (Switzerland) Ltd & Yousef Freiha & Sons SA[2020] EWHC 2030 (Comm) High Court of England and Wales Facts: Sea Master (shipowners) and Agribusiness (voyage charterers, shippers) entered into a a voyage charter on a Norgrain 89 form to carry maize and soybeans from Argentina to Morocco and Lebanon. Yousef Freiha was the consignee in the bills…
- K Line PTE Ltd v Priminds Shipping (HK) Co, Ltd (Rev 1) (The Eternal Bliss)[2020] EWHC 2373 (Comm) High Court of England and Wales Facts: Priminds (charterers) entered into a voyage charter with K-Line (shipowners) on a modified Norgrain 89 form to transport soybeans from Brazil to China. At the port of discharge, the vessel anchored and gave a notice of readiness on 29…
- Nautica Marine Ltd v Trafigura Trading LLC (Rev 1)[2020] EWHC 1986 (Comm) English High Court of Justice, Commercial Court Facts: in 2016, Nautica (owners) and Trafigura (charterers) negotiated a voyage charter for The Leonidas. The parties reached a preliminary agreement, the terms of which were set out in a recap. Among other things, the charter…