Recent Cases

Rotenberg v Sucafina SA
Wed, 16/5/2012

The Respondent, Mr Rotenberg, had failed to comply with the deadline set by the Coffee Trade Federation for picking up a final appeal award. The consequence under Rule 52 the CTF rules was that the original award of the umpire should become "final and binding". However, interim appeal awards had in... Read more »

Thomas Raphael
ENE Kos 1 Limited v Petroleo Brasileiro SA (the "KOS") [2012] UKSC 17
Wed, 2/5/2012

The Supreme Court handed down its judgment today in the time charter case of ENE Kos 1 Limited v Petroleo Brasileiro SA (the "KOS"). The dispute concerns an owner's right to remuneration in the period after he has withdrawn his vessel from the service of his time charterer for the non-payment of... Read more »

Andrew Baker QC
Henry Byam-Cook
Isabella Shipowner SA v Shagang Shipping Co Ltd
Thu, 26/4/2012

This appeal against an arbitration award for error of law under s. 69 of the Arbitration Act 1996 arose out of the premature redelivery of a time chartered ship. When the defendant time charterers had made clear (in admitted repudiatory breach of the charter) that they intended to redeliver the... Read more »

Timothy Young QC
Simon Milnes
David Brian Chandler v Cape Plc
Wed, 25/4/2012

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Sudhanshu Swaroop
Deiulemar Shipping SpA v Transfield ER Futures Ltd
Wed, 18/4/2012

Deiulemar Shipping SpA and Deiulemar Compagnia di Navigazione SpA ("Deiulemars") concluded forward freight agreements ("FFAs") with Transfield ER Futures Ltd ("TFL") on the standard FFABA 2007 Terms, incorporating a 1992 ISDA Master Agreement (without Schedule), as modified and supplemented by the... Read more »

Andrew Baker QC
National Grid Electricity Transmission Plc v ABB Ltd et al
Wed, 4/4/2012

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Stephen Morris QC
Pioneer Freight Futures v Cosco Bulk Carrier [2012] EWCA Civ 419
Tue, 3/4/2012

Court of Appeal rules on section 2(a)(iii) of the ISDA Master Agreement The Court of Appeal has today handed down a consolidated judgment in four related appeals concerning the proper construction of certain key provisions of the 1992 ISDA Master Agreement (sub nom Lomas v Firth Rixson and others... Read more »

Charles Kimmins QC
Luke Pearce
PT Thiess Contractors Indonesia v PT Kaltim Prima Coal
Mon, 26/3/2012

PT Kaltim Prima Coal ("KPC") has certain mining rights under contract from the Government of Indonesia.  In 2003, it appointed PT Thiess Contractors Indonesia ("Thiess") under an Operating Agreement - Mining Services ("the OAMS") to provide mining services.  The OAMS is governed by the... Read more »

Sudhanshu Swaroop
Andrew Baker QC
Enercon GmbH v Enercon (India) Ltd
Fri, 23/3/2012

Eder J discharged an anti-suit and freezing injunction and stayed a claim for relief under s. 18 of the Arbitration Act 1996 (appointment of tribunal) pending the determination of an appeal in India that will determine, amongst other things, whether the seat of the arbitration was England or India... Read more »

Malcolm Jarvis
Philip Edey QC
Tesco Stores Ltd v Office of Fair Trading [2012] CAT 6
Tue, 20/3/2012

Ruling on a disclosure application by the OFT in Tesco's appeal against the OFT's finding of liability under Chapter I of the competition act in relation to the pricing of British and Territorial Cheese and Cheddar, the Competition Appeal Tribunal considered obiter dictum whether... Read more »

Stephen Morris QC
Josephine Davies