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Case review 11/11/2022
The Commercial Court considered an arbitration tribunal decision that found that the time bar in Article III rule (6) of the Hague Visby Rules (HVR) does apply to misdelivery claims after the discharge of cargo.
Top accolades awarded to the firm in the latest Chambers & Partners guide to leading law firms and lawyers across the country.
Case review 12/10/2022
In this article we explore the recent decision of Carnival plc v Karpik (The Ruby Princess) where the Full Court of the Federal Court of Australia considered whether contracts which purport to exclude a right to participate in a class action are enforceable under Australian law.
Following the publication of The Legal 500 UK 2023, we are proud to announce that the firm has once again achieved impressive rankings and recognition within the latest guide to leading law firms and lawyers.
Case review 10/10/2022
Shipbuilding bank guarantee battle - NSW Supreme Court allows call on bank guarantee amidst an ongoing US$1bn arbitral dispute over FPSO construction
In the recent decision of Daewoo Shipbuilding & Marine Engineering Co Ltd v Inpex Operations Australia Pty Ltd, the NSW Supreme Court held that a party will not, prima facie, be precluded from calling upon a bank guarantee for the sole reason that arbitral proceedings have been commenced and are pending determination.
A common problem encountered between vessel owners and charterers is, when there is an allegation that a vessel has underperformed, how that alleged underperformance is to be calculated. In this article, we discuss the implications of Eastern Pacific Chartering Inc v Pola Maritime Ltd on the calculation of performance warranties.
In a recent judgment, the Federal Court of Australia considered how Ireland had adopted the Hague Visby Rules (H/V Rules) and if Ireland was deemed to be a ‘Contracting State’.
The IUMI 2022 conference, this year hosted by the American Institute of Marine Underwriters (AIMU), is being held in Chicago and is running 18-21 September.
Global law firm Kennedys is pleased to welcome two new partners, Stephen Rible and Frank Jordan and associate, Jessica Plutchok who are joining the marine team and are based in the New York office.
Case review 16/08/2022
MT ZOUZOU: Court of Appeal declines to hear mortgagee bank’s appeal of Commercial Court decision clarifying the scope of MII policy cover in MII underwriters’ favour
By an Order dated 15 August 2022, the Court of Appeal has refused Piraeus Bank’s application for permission to appeal the decision of the Commercial Court in Piraeus Bank v Antares Underwriting Limited and others (‘The ZOUZOU').