The Supreme Court decision in the Ocean Victory was handed down this morning. We will prepare a detailed client alert on the implications of the decision, but for now can report that: (1) Unsafe ports The Supreme Court upheld the decision of the Court of Appeal that there was no breach of the safe port … Continue Reading
The Privy Council has confirmed that it is possible to contract out the right to limit liability, and so operators must be vigilant in ensuring this does not inadvertently happen, write Mark O’Neil and Anushka Karunaratne in Tradewinds. The full article can be read here.… Continue Reading
In Neon Shipping Inc. v. Foreign Economic 7 Technical Corporation Co. of China and another [2016] EWHC 399 (Comm) the Commercial Court dealt with an appeal from London arbitrators in a dispute arising out of a shipbuilding contract (“SBC”). The time bar issue The SBC provided in Article XI that:… Continue Reading
The recent decision of the Commercial Court in the “Genius Star 1” [2011] EWHC 3083 confirms that where there are multiple and conflicting time bar provisions in a charterparty, the Inter-Club Agreement (“ICA”) two-year limitation will prevail. The judge placed weight on the provision in clause (2) of the ICA 1996 that “the terms of … Continue Reading
