Videos
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Luke Zadkovich Speaks at 16th International Maritime Seminar for Judges in Abuja, Nigeria
"International Law and Practice on Crew Wages" is the topic of Luke Zadkovich's talk at the 16th International Maritime Seminar for Judges in Abuja, Nigeria, hosted by the Nigerian Shippers' Council.... Read more
Podcasts
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Let the force majeure be with principle | Case by Case (Ep. 85)
RTI Ltd (Respondent) v MUR Shipping BV (Appellant) On this episode Luke and Calum are joined by Alexander Wright KC - A great debate, with varying views and perspectives looking at... Read more
Previous insights
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Let the force majeure be with principle | Case by Case (Ep. 85)
RTI Ltd (Respondent) v MUR Shipping BV (Appellant)
On this episode Luke and Calum are joined by Alexander Wright KC – A great debate, with varying views and perspectives looking at whether or not a party was required to accept non-contractual performance to overcome a force majeure issue. This a salient case – which will be a reference point for many Force Majeure cases moving forward, as it sets down matters of general principle.In the case of RTI Ltd v MUR Shipping BV, the central issue was whether a force majeure clause in a contract requires the affected party to accept non-contractual performance to mitigate the event’s effects. The High Court ruled that it does not unless explicitly stated. However, the Court of Appeal, with a majority decision, held that in certain circumstances, the clause might require accepting such performance. The dissenting opinion agreed with the High Court. The case is now being appealed to the Supreme Court for a final decision.
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The narrow and mitigating appeal of arbitrations with James M. Turner KC | Case by Case (Ep. 84)
Viterra BV v. Sharp Corporation LtdThis case involves an appeal and cross-appeal arising from two Grain and Feed Trade Association (GAFTA) appeal awards related to Cost & Freight free out (C&FFO) Mundra sales of pulses. The primary issues revolve around the jurisdiction of the court on appeals from arbitration awards under the Arbitration Act 1996.
There are two main themes explored in this podcast:
- The procedural safeguard on court appeals from arbitration decisions; and
- How mitigation and the compensation principle interrelate for quantum.
To download the full judgement click here
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Polar Explorers 2 (unrelated) | Case by Case (Ep. 83)
Spotify | Apple Podcasts | YouTube
In this case, Mr. and Mrs. Sherman booked a cruise to the Northwest Passage in Arctic Canada with Reader Offers Ltd (ROL), a travel company known for its advertisements in newspapers and magazines. However, the cruise did not meet the Shermans’ expectations. Due to ice conditions, the ship could visit only a small part of the Northwest Passage, missing out on historically significant sites associated with the region’s explorers. Instead, much of the cruise was spent exploring the west coast of Greenland.
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Polar Explorers | Case by Case (Ep. 82)
In this complex maritime case, the vessel MT POLAR was seized by Somali pirates in 2010 while traversing the Gulf of Aden with a cargo of fuel oil. After ten months in captivity, the vessel was released upon payment of a hefty ransom by the shipowner, totaling US$7,700,000. Subsequently, the shipowner declared a general average, claiming US$5,914,560.75 from the cargo interests.
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Jury Equity | Case by Case (Ep. 81)
In this case, the Solicitor General seeks permission from the High Court to bring contempt proceedings against Ms. Trudi Ann Warner. The allegations stem from Ms. Warner’s actions outside the Inner London Crown Court on March 27, 2023, where she displayed a placard targeting jurors involved in the trial of individuals affiliated with the environmental group Insulate Britain.
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Don’t Change the Subject… | Case by Case (Ep. 80)
On this week’s episode join Calum Cheyne and Karen Tsang where they discuss The Aquafreedom [2024] EWHC 255 (Comm) case and whether agreements on “subjects” or “subs” give rise to binding contracts.
Another subjects case in the charterparty context, following hot on the heels of the Leonidas and the Newcastle Express. Something that we love to discuss on Case by Case.The “subject” of today’s episode is The Aquafreedom [2024] EWHC 255 (Comm) and whether agreements on “subjects” or “subs” give rise to binding contracts.
The Claimant (“the Owners”) in these proceedings is the owner of the vessel Aquafreedom (“the Vessel”). The Defendant (“Trafigura”) contends that it was the charterer of that vessel. Both claim and counterclaim in these proceedings concern whether a 4 year time charterparty was concluded between the parties during negotiations in late January and early February 2023. The Owners contend that there is no real prospect of Trafigura resisting their claim for a declaration that no binding charterparty was concluded. Trafigura’s case is that there is a real prospect of showing that a binding charterparty was concluded either on 30 January 2023, or 6 February 2023.
To read the full case – click here
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