- Arbitration
- Court of Appeal confirms that section 72 Arbitration Act 1996 is not restricted to proceedings concerning the Tribunal's substantive jurisdiction
- Only the award and the relevant contract may be put before the court in an appeal from an arbitration award on a point of law
- High Court refuses to remove an arbitrator following allegations of bias
- Contract
- Is a guarantor's liability triggered on proof of a breach of contract or by demand alone?
- How long does a party have to accept a repudiatory breach before that party's inaction is taken to affirm the contract?
- Costs
- Can a costs order be set off against a damages award?
- Disclosure
- Legal professional privilege does not apply to any professional other than a qualified lawyer
- The Commercial Court considers the issues relevant to making a disclosure order in the context of an application under S.51 Senior Courts Act 1981, in a situation where the applicant has been the victim of fraud
- The court does not have jurisdiction to order pre-action disclosure where the parties have entered into an arbitration agreement
- EU
- Council Regulation 961/2010, dealing with sanctions against Iran, comes into force
- Iran (European Community Financial Sanctions) (amendment) Regulations 2010 come into
- GAFTA
- How is the phrase "readiness to load" to be interpreted in GAFTA Form 49?
- Insurance
- Commercial Court rejects attempt by an insurer to avoid a policy on the grounds of failure on the part of the insured to disclose material facts
- Where an insurance policy provides for arbitration within a certain time limit, does the expiry of this time limit terminate the right to bring a claim under the policy?
- Court of Appeal rules on the law applicable to reinsurance contracts under the Lugano Convention
- Jurisdiction
- Acceptance by conduct of a counter offer incorporating an exclusive English law and jurisdiction clause
- Practice and Procedure
- Supreme Court recognises new exception to the without prejudice rule
- It is within the court's discretion to dispense with service of a penal notice where the failure to serve correctly has caused no prejudice
- When judgment sums in different currencies are to be set off against each other, what is the appropriate date for conversion of these sums into the same currency?
- Sale of goods
- When goods conform to specification on loading, but no longer conform on discharge, is the seller in breach of its implied duty under the Sale of Goods Act 1979?
- Shipping
- Tribunal considers owners' entitlement to demurrage or damages arising out of periods of delay
- Commercial Court considers various points arising from the clause in Shelltime 4 dealing with oil major approvals
- Tribunal considers the point at which a vessel becomes an "arrived ship" for the purposes of tendering Notice of Readiness
- When cargo holds are rejected, is the vessel off-hire on a "net loss of time" or "period off-hire" basis until they are accepted? Is there an implied obligation on the charterer to ensure re-inspection as soon as possible?
- Cargo claims: issues of liability and the cause of the arrest and detention of the vessel
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