Opportunity missed? The Recast Regulation, Rothschild and hybrid jurisdiction agreements

In many commercial sectors asymmetrical or hybrid jurisdiction clauses are commonplace. In a Brussels jurisdiction regime context the French decision in Ms X v Banque Privee Edmond de Rothschild (Supreme Court, First Civil Chamber, 26 September 2012, No 11-26.022) called into question the validity of such clauses.

Jurisdiction, Regulation

A fundamental corruption: the Pilotage Act 1987

The common law and international law create a prohibition on any reduction of standards in any compulsory pilotage area (Environment Agency v Milford Haven Port Authority (The Sea Empress) [1999] 1 Lloyd’s Rep 673 and IMO Resolution A.960 of 2003).

Regulation

Relaxation of restrictions on cross-border security and guarantees in China: implications on shipping industry

On 19 May 2014 SAFE (China’s State Administration of Foreign Exchange) issued the Foreign Exchange Administration Regulations on Cross-Border Security and its corresponding implementation guidelines (collectively, the “2014 SAFE Regulations”).

Contracts, Practice and Policy, Regulation

The rebirth of anti-suit injunctions in support of arbitration

On 4 December 2014 Advocate General Wathelet handed down his Opinion in Gazprom OAO (Case C-536/13). The facts are irrelevant for this discussion, but the AG took advantage of the opportunity to analyse provisions of a Regulation not yet in force, while surmising how previous cases may have been decided under the new regime.

Practice and Policy, Arbitration, Regulation

Power ships: what are they and what does the law say?

Power ships today represent the cutting edge of innovation, making the source and production of energy movable. Increasing and variable demand for energy has caused local authorities to face new demands for production. Immediate energy demands must be met but investment should not lead to long-term entrenchment of infrastructure likely to be outdated quickly.

Shipping

HBC Hamburg Bulk Carriers GmbH & Co KG v Huyton Inc (The “Glory Sanye”) [2014] EWHC 4176 (Comm)

Vessel unable to discharge at charterparty port – Whether Suez Canal transit for the account of owner or charterer

Carriage of Goods, Contracts

Caresse Navigation Ltd v Zurich Assurances MAROC and Others (The “Channel Ranger”) [2014] EWCA Civ 1366

Conflict of laws – Carriage of goods – Incorporation of charterparty terms into bills of lading – Contractual interpretation – Jurisdiction clauses

Carriage of Goods, Contracts, Bills of Lading, Conflict of Laws, Jurisdiction

Hua Tyan Development Ltd v Zurich Insurance Co Ltd and Another (The “Ho Feng 7”) [2014] HKCFA 72

Marine insurance – Deadweight warranty – Rectification – Knowledge of the insurer – Waiver and estoppel – Non-disclosure

Insurance

Alternative Power Solution Ltd v Central Electricity Board and Another [2014] UKPC 31

Documentary credits – Fraud exception – Injunction – Balance of convenience

Contracts, Finance and Banking

Standard Chartered Bank v Dorchester LNG (2) Ltd (Rev 1) (The “Erin Schulte”) [2014] EWCA Civ 1382

Letters of credit – Whether bank having obtained bill of lading under letter of credit – Lawful holder entitled to sue

Carriage of Goods, Contracts, Bills of Lading

Viscous Global Investment Ltd v Palladium Navigation Corporation (The "Quest") [2014] EWHC 2654 (Comm)

Bills of lading containing or referring to arbitration clause – P&I Club letter of undertaking containing alternative jurisdiction clause

Trade, Bills of Lading, Practice and Policy, Jurisdiction