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Latest News

Fri, 24/5/2019
The Equality and Human Rights Commission (EHRC) has announced its list of preferred Counsel, instructed to support the Commission’s equality and human rights work through strategic public interest litigation in the UK and European courts, including the European Court of Human Rights and the European Court of Justice. The Commission often intervenes, in both domestic and European courts, in cases of great public importance concerning Equality Act 2010 and human rights breaches. Monica...
Wed, 15/5/2019
The body of case law dealing with Joint Operating Agreements (JOAs) is comparatively limited. In the last two years, there have been two JOA cases of particular interest which have, unusually, reached the Court of Appeal. In the recent Spirit Energy Resources Ltd & Ors v Marathon Oil UK LLC [2019] EWCA Civ 11, the Court of Appeal engaged in detailed construction of a JOA and found for the Operator. In the earlier case of Pan Petroleum Aje Ltd v Yinka Folawiyo Petroleum Co Ltd & Ors [...
Mon, 13/5/2019
In the spring issue of Harbour View, Paul Lowenstein QC and Matthew McGhee discuss the remedies and procedures to combat fraud and give practical points of consideration for lawyers and claimants involved in these cases. Amongst the points of discussion, Paul and Matthew explore the development of the ‘persons unknown’ jurisdiction, as evidenced by the groundbreaking cyber fraud case CMOC v Persons Unknown [2018] EWHC 2230, the court’s willingness to support fraud...
Fri, 10/5/2019
In two important recent cases, the English court has clarified its approach to the interpretation of force majeure clauses and causation. Since force majeure clauses are ubiquitous in energy-sector contracts, these cases provide valuable guidance to those drafting such clauses and to parties assessing their rights under them. The particular causation issues that arose in these cases were: (a) whether causation is satisfied where there are concurrent causes of a failure or inability to perform...
Thu, 9/5/2019
K v A [2019] EWHC 1118 (Comm), Popplewell J   Lawrence Akka QC and Oliver Caplin acted for the respondent Sellers “A”, resisting a series of challenges under sections 67, 68 and 69 of the Arbitration Act 1996 to a GAFTA Board of Appeal Award. The case highlights the commercial consequences that flow from the extremely common “man in the middle” type of cyber fraud.    The dispute in arbitration arose under a contract for the sale and purchase of sunflower...
Fri, 3/5/2019
The Singapore International Commercial Court recently handed down judgment in B2C2 Ltd v Quoine Pte Ltd [2019] SHGC(I) 03 following the first Bitcoin trial to take place in Singapore. The case concerned a series of orders placed by the Claimant on the Defendant’s cryptocurrency exchange platform to sell Ethereum for Bitcoin. These orders were subsequently reversed by the Defendant who alleged, amongst other things, that it was right to reverse the trades because they had been entered...
Thu, 2/5/2019
Monica Feria-Tinta has been appointed Lauterpacht Centre for International Law Partner Fellow. The appointment takes effect as of 1 April 2019. The Lauterpacht Centre is part of the Faculty of Law and the scholarly home of international law at the University of Cambridge. Under this programme, the Lauterpacht Centre for International Law at the University of Cambridge aims to consolidate the Centre’s strong relationships with leading practitioners of international law at a select group...
Tue, 30/4/2019
In the latest edition of Asian Dispute Review, Duncan Matthews QC and Simon Milnes discuss the protections available to State-owned entities (SOEs) under investor-State dispute settlement (ISDS) mechanisms in the context of the Belt and Road Initiative. The article addresses three related aspects of the protections available to participants in Belt and Road Initiative (BRI) projects, particularly State-owned entities (SOEs). These are: geographical variations in the scope of protections...
Thu, 25/4/2019
ArcelorMittal USA LLC v Essar Steel Limited and others [2019] EWHC 724 (Comm) The Commercial Court has recently granted a worldwide freezing order (“WFO”) in aid of the enforcement of an arbitration award, even though the award was foreign, the Claimant and Defendant companies were foreign and there were no significant assets within the jurisdiction. In doing so the Court rejected a submission that it “should not become an international policeman”. The Facts...
Thu, 18/4/2019
On 10 April 2019 the International Tribunal for the Law of the Sea rendered its judgment in the Norstar Case (Panama v Italy). Paolo Busco from 20 Essex Street acted for Italy. The Tribunal found that Italy did not breach Articles 87(2) and 300 of the UNCLOS. It found (by 15 votes to 7) that Italy breached Article 87(1), but reduced damages to less than 1% of the amount sought by Panama.  The case originates from the arrest and detention in 1999 of the M/V Norstar, a vessel flying the flag...