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We present our latest updates, news and seminars on relevant issues arising in the US and England.  Often we will assess particular scenarios from the perspective of both jurisdictions, comparing the differences and similarities.

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US sanctions vs. EU Blocking Regulation – Aired in Court

All US sanctions lifted under the 2015 deal were re-imposed against Iran on 5 November 2018. The EU, China and others appear intent on continuing to facilitate "legitimate business" with Iran as well. How that plays out, we shall see. Here we review the EU Blocking Regulation and an insurance case that touched upon these sanctions regulations.
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Misdelivery and misfiring

When delivery without production of the Bill of Lading goes wrong, it can raise several issues - sometimes it includes fraud or a claim under an LOI or here, a misfired attempt to meet the time bar.
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Is there an evolving doctrine of implied good faith in commercial contracts?

Despite the prevailing English decisions pushing it down, an implied duty of good faith keeps rearing its head... this time in so-called "relational contracts". Could a long-term shipping or trading contract be considered such a contract?
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Arbitration agreements and notices in shipping cases

The familiar principle that an arbitration clause is a separate agreement from that containing it came up again in the “SEA MASTER” [2018] EWHC 1902 (Comm), a decision that initially caused concern among trade financing banks.
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USMCA Trade Deal – NAFTA revised

A collaboration between Floyd Zadkovich LLP, US and English lawyers, and Zeiler Partners, Mexican and Austrian lawyers. We assess the changes to the NAFTA investment protection standards and dispute resolution process in the new trade agreement between US, Mexico and Canada.
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Bunker suppliers lose their lien

Two US court decisions have found that physical suppliers do not have a lien against the vessel and instead have favored the contractual parties. This has wide ramifications in the bunker trade.
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Yemen – When A Port Is Facing Assault

This article reviews the operation of force majeure clauses under typical charterparties and addresses the circumstances involving the invasion of Yemen.
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The omnipotence paradox?

A UK Supreme Court decision on 16 May brings to mind the conundrum about whether an all-powerful being can create something too heavy for it to lift.
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Iran Sanctions – Trump withdraws from Iran deal

Having repeatedly threatened to tear it up, and now amid contested allegations around prior Iranian conduct, President Trump will once more decide the US stance on the Joint Comprehensive Plan of Action (“JCPOA”).
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General Average – Longchamp decision (two videos)

What effect does the English Supreme Court decision in the Longchamp (Oct 2017) have on general average adjustments, moving forward?
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