Wednesday, 10 March 2010
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In LMLN 790 - 05 March 2010
CASES – ENGLAND
Contract – Compromise agreement between charterers and shipowners – Charterers warranting that weights of cargo correctly stated in draft survey summaries at loadport – Cargo measured by truck bridge-scale at discharge port – Discrepancy between weights as measured by truck bridge-scale and weights as stated in loadport draft survey summaries – Whether charterers in breach of warranty
London Arbitration 2/10
Practice – Anti-suit injunction – Disputes arising under contract for sale of sulphur – Whether contract contained London arbitration clause – Defendant bringing proceedings in Tunisia -Claimants applying for interim anti-suit injunction – Whether injunction should be granted
Midgulf International Ltd v Groupe Chimique Tunisien – Court of Appeal (Mummery, Toulson and Patten LJJ) – 10 February 2010
Tort – Economic duress – Intimidation – Contract for sale of methanol FOB – Market price of methanol increasing subsequent to contract -Sellers refusing to ship part cargo unless contract price increased – Buyers reluctantly agreeing to pay higher price -Whether buyers entitled to restitution on basis of economic duress
Kolmar Group AG v Traxpo Enterprises Pvt Ltd – QBD (Com Ct)(Christopher Clarke J) – 1 February 2010
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