Commercial Court Considers the Effect of a Paramount Clause Where the Hague-Visby Rules Were Compulsorily Applicable Under English Law

By | Ship Law Log | April 22, 2014

In Yemgas Fzco & Ors v Superior Pescadores S.A. Panama, (The Superior Pescadores) [2014] EWHC 971 (Comm), the Commercial Court was asked to consider the effect of a paramount clause in circumstances where the Hague-Visby Rules were compulsorily applicable as a matter of English law (the law governing the contracts evidenced by the terms of the bill of lading).

The “Bulk Uruguay”: No Anticipatory Breach Where Future Performance is Contingent On a Third Party’s Conduct

By | Ship Law Log | April 15, 2014

In Geden Operations v Dry Bulk Handy Holding Inc (The “Bulk Uruguay”) [2014] EWCA 885, the Commercial Court, in rejecting an appeal under s.69 Arbitration Act 1996, considered the impact of words or conduct giving rise to uncertainty about future performance, the contingency of which rested upon the conduct of a third party, and whether this can amount to anticipatory breach of contract.