
Case Summaries
Vinergy International (PVT) Limited v. Richmond Mercantile Limited FZC [2016]
“An innoncent party may lawfully terminate a contract where at least one of a number of breaches was repudiatory, even though others were not, or were capable of being remedied on notice.”
SBT Star Bulk & Tankers (Germany) GmbH & Co K G v. Cosmotrade SA [2016]
“Under the terms of a charter party calling for “one trip time charter,” the charterer was allowed to order the vessel to load a further cargo after the initial cargo had been discharged.”
The Magellan Spirit [2016]
“Commercial Court rejects Owners’ arguments of (i) agency, (ii) incorporation and (iii) express agreement and also considers their delay in applying is sufficient to reject Owners’ anti-suit injunction against Nigerian cargo claim in Nigeria.”
Gold Reserve Inc. v. The Bolivarian Republic of Venezuela [2016]
"The existence of an arbitration agreement meant that Venezuela could not rely on state immunity, even when the Claimant was in breach of its obligation of full and frank disclosure.”
Cofely v. Bingham and Knowles [2016]
“In a construction case, an arbitrator would be disqualified for apparent bias where 18% of his appintments and 25% of his income in the last 3 years were derived from the same appointer.”
JSC BTA Bank v. Ablyazov and Khrapunov [2016]
“Whilst breach of a Freezing Order is punishable by imprisonment, the Court cannot order damages against the person in contempt, because the law of contempt is concerned with public interest and not private compensation. But a conspiracy to injure another by conspiring to breach a Freezing Order amounts to the tort of conspiracy to injure by unlawful means and may be compensated by an award of damages.”