Trade and Transport
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Can Covid-19 frustrate a contract?
Introduction  Covid-19 has had a significant impact on the transport sector, in particular the aviation industry. It has been common for parties affected by Covid-19 to assert that it amounts to a fo...
19.11.2021 Posted in Business Advice & COVID-19 & Trade and Transport
Galtrade Ltd v BP Oil International Ltd – To Reject or Not Reject? Purchaser in Breach when Rejecting Off-Specification Fuel
The English Commercial Court in Galtrade Ltd v BP Oil International [2021] EWHC 1796 (Comm) has held that an oil trader who rejected off-specification cargo wrongfully repudiated the contract, as the specification requirement in the contract was an intermediate term and not a condition.
16.11.2021 Posted in Disputes & Trade and Transport
CMA CGM Libra – General Average Claim Defeated
English Supreme Court confirms defective passage planning made vessel unseaworthy – cargo interests not liable for GA contribution
16.11.2021 Posted in Disputes & Trade and Transport
Parliament to address Air Pollution from Ships, Finally!
Update: The Maritime Transport (MARPOL) Amendment Bill underwent its third reading on 9 November 2021.  Having successfully progressed through its third reading, it now awaits royal assent.  This sh...
11.11.2021 Posted in Climate Change & Trade and Transport
How watertight is your boat building contract?
New Zealand boat builders beware.
10.11.2021 Posted in Disputes & Trade and Transport
Civil Aviation Bill introduced to Parliament
After five years of preparation, the Civil Aviation Bill has been introduced to Parliament.  The aviation industry has seen dramatic change in the three decades since the current Civil Aviation Act w...
30.09.2021 Posted in Trade and Transport
Formation of Contract: Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd
The English High Court decision in Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd [2021] EWHC 287 highlights the importance of parties to commodities contracts expressly including an arbitration clause in the contract. This is particularly when the contract is formed by email or instant messaging negotiations.
20.09.2021 Posted in Disputes & Trade and Transport
When Contracts Contradict: Septo Trading Inc v Tintrade Ltd
Contracts in international trade are often formed by a combination of emails recording expressly agreed terms, but with a reference to standard terms and conditions being incorporated.
02.09.2021 Posted in Disputes & Trade and Transport
Maritime New Zealand v Genera Limited:  Health & Safety Prosecution in International Waters
In the first case of its kind, Genera Limited has been convicted of an offence under the Health and Safety at Work Act 2015 (HSWA) in relation to an incident that occurred in international waters. The...
18.08.2021 Posted in Disputes & Health & Safety & Trade and Transport
The Shipping Law Review 2021 8th Edition
The Hesketh Henry marine team pen the New Zealand chapter of The Shipping Law Review.
02.07.2021 Posted in Trade and Transport
English Supreme Court clarifies approach to determining the governing law of an international arbitration agreement
The English Supreme Court has recently clarified how the governing law of an arbitration agreement should be determined, where the agreement lacks an express choice of law provision.  In an area of l...
18.02.2021 Posted in Disputes & Trade and Transport
English Supreme Court rejects universal application of “gold standard” for disclosure of arbitrators’ interests
Justice must both be done, and be seen to be done.
10.02.2021 Posted in Insurance & Trade and Transport
Phishing for payment: How Team New Zealand was scammed
Hackers often try to scam entities making international payments by impersonating one, or both, parties to the payment.
10.12.2020 Posted in Business Advice & Trade and Transport
Requirements for international yachts and crew entering New Zealand
While New Zealand’s sea borders are currently closed to most foreign Flagged vessels, a number of pleasure craft and super yachts in the Pacific are hoping to enter New Zealand in time for the Ameri...
04.12.2020 Posted in Trade and Transport
The Commerce Commission is set to undertake a market study into the Retail Grocery Sector
On 17 November 2020 the Minister of Commerce and Consumer Affairs announced a market study into the retail grocery sector through the Commerce Commission under Part 3A of the Commerce Act 1986 (Act)....
Entitlement to Indemnity under Marine Transit Insurance
The decision of the Full Federal Court of Australia in Swashplate Pty Ltd v Liberty Mutual Insurance Company trading as Liberty International Underwriters addresses the issue of when risk attaches pur...
16.09.2020 Posted in Insurance & Trade and Transport
Singapore Convention comes into force
The Singapore Mediation Convention has now entered into force, creating a comprehensive framework for the enforcement of international mediation settlement agreements.
16.09.2020 Posted in Disputes & Trade and Transport
COVID-19 and the Future of Force Majeure
Not since Y2K have force majeure clauses been of so much focus.
24.06.2020 Posted in Business Advice & COVID-19 & Trade and Transport
COVID-19: Yachting update
The Covid-19 pandemic has already had a significant impact on the marine industry.  In this briefing, we summarise the current situation for the yachting sector in New Zealand and the Pacific. New Ze...
20.04.2020 Posted in COVID-19 & Trade and Transport
COVID-19: It’s not plain sailing for yacht owners
These are challenging and uncertain times and we wanted to provide a briefing on some of the issues yacht owners may be experiencing during the current lockdown. Do you have a mortgage over your yacht...
16.04.2020 Posted in COVID-19 & Trade and Transport
New Era for International Dispute Resolution?
A common issue for New Zealand companies engaging in international trade and dealing with foreign counterparties is how and where to resolve disputes and ensuring payment is received when the dispute ...
17.09.2019 Posted in Disputes & Trade and Transport
Getting the Deal Through: Shipping
Getting the Deal Through works with many of the best lawyers and law firms in the world
03.09.2019 Posted in Trade and Transport
Summer Maritime Update
Welcome to our summer maritime update - November 2018
27.11.2018 Posted in Trade and Transport
UAE COMPANIES LAW UPDATE
New Zealand businesses looking to establish a foothold in the UAE have many options
10.09.2018 Posted in Trade and Transport
Getting the Deal Through: Shipping 2019
The Marine team at Hesketh Henry have again contributed to Getting the Deal Through: Shipping 2019.
30.08.2018 Posted in Trade and Transport
Update – New Zealand’s New Biofouling Standards
New Zealand has introduced a new standard requiring all vessels to have a “clean hull” on arrival in the country after 15  May 2018.[1]  The objective is to minimise the introduction of ...
21.08.2018 Posted in Trade and Transport
Sanctions Update: Iran
In May the United States announced the re-imposition of sanctions in relation to trade with Iran
16.08.2018 Posted in Trade and Transport
The Shipping Law Review
The Hesketh Henry marine team pen the New Zealand chapter of The Shipping Law Review
26.07.2018 Posted in Trade and Transport
Maritime Update February 2018
Welcome to our summer maritime update
21.02.2018 Posted in Trade and Transport
Hesketh Henry Recommended in The Legal 500 Directory as a Leading Firm in 2018
Firm receives recommendations and commentary in 2018 Legal Directories
Maritime Update November 2017
Welcome to our spring maritime udate
21.11.2017 Posted in Trade and Transport
Getting the Deal Through: Shipping
Getting the Deal Through works with many of the best lawyers and law firms in the world
10.10.2017 Posted in Trade and Transport
The New Giant – plotting the course between Admiralty and cross border insolvency rules
Admiralty proceedings against a vessel are necessarily territorial in nature. A debtor’s vessel may sail into a certain jurisdiction and be arrested and sold for the benefit of creditors who both ha...
Supply agreements, the things you should know before signing
A supply agreement should be viewed as any other binding legal contract, and should never be entered into lightly.
11.04.2014 Posted in Business Advice & Trade and Transport
Competing claims scuppered: A ship repairer’s priority rights following the ship’s arrest and sale
Alan Sherlock, Partner at Hesketh Henry, has been involved in a number of Admiralty cases, and has experienced the following recent success. In Babcock Fitzroy Limited v The Ship “The M/V Southern ...
11.08.2012 Posted in Disputes & Trade and Transport
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