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  • Lisa Beisteiner Publishes in the American Arbitration Association’s Dispute Resolution Journal

    Lisa Beisteiner Publishes in the American Arbitration Association’s Dispute Resolution Journal

    Beisteiner (author), “The View From Europe: What’s New in European Arbitration?” co-authored with Stephan Wilske, Björn P. Ebert, Thomas Rohner, Michelle Lindholm, Lois Horne & Chloë Edworthy, American Arbitration Association’s Dispute Resolution Journal vol. 75, July 2021.

  • Philip Vagin Publishes in Tulane Maritime Law Journal

    Philip Vagin Publishes in Tulane Maritime Law Journal

    Vagin (author), “Who Can Sue for Losses Caused by a Collision Under U.S. and English Law: Robins Dry Dock and Exceptions to It”, 45 Tulane Maritime Law Journal 509, July 2021.

  • Unlocking the DIVINEGATE – getting into a jurisdiction clause | Case by Case (Ep. 8)

    Unlocking the DIVINEGATE – getting into a jurisdiction clause | Case by Case (Ep. 8)

    In the recent case of the DIVINEGATE, the English court was faced with a difficult jurisdictional question. The Claimant arrested a vessel in Gibraltar thought to belong to the Defendant. The Defendant argued that the arrest was wrongful, and that the Defendant was in fact the time charterer of the arrested vessel.

    The Defendant brought a counter-claim against the Claimant, for losses arising as a result of the wrongful arrest. The Claimant argued that the wrongful arrest claim was subject to Gibraltarian jurisdiction.

    Luke and Calum discuss the decision, looking in detail at the multi-jurisdictional nature of the world of international trade.

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  • Everyone’s in the same boat – Pirates and the law of General Average | Case by Case (Ep. 7)

    Everyone’s in the same boat – Pirates and the law of General Average | Case by Case (Ep. 7)

    This episode responds to our first request. Inspired by recent events in the Suez, we are taking a look at the law of General Average.

    The case is a fascinating one. In January 2009, Pirates boarded the LONGCHAMP in the Gulf of Aden. They demanded a ransom of USD6m. That was negotiated down to USD1.85 over a period of 51 days. The ransom and the negotiator’s fees fell squarely within General Average. But what about the Vessel’s operating expenses for the 51 day period of negotiations?

    Luke and Calum discuss the result (with a little disagreement between themselves!) but additionally look to the wider application on the law of General Average, and what parties can do when facing a General Average claim.

  • The Tale of the Missing Gearbox – Gregor Fisken v Bernard Carl | Case by Case (Ep. 6)

    The Tale of the Missing Gearbox – Gregor Fisken v Bernard Carl | Case by Case (Ep. 6)

    In a wonderfully wide-ranging judgment, the Court of Appeal recently looked at the rights and obligations between two parties relating to the sale of a Ferrari 250 GTO.

    By looking at this judgment, Luke and Calum discuss the Sale of Goods Act, signing contracts “as agent”, and how the Court can penalise a party in costs where that party fails to take steps to resolve a dispute at an early stage.

  • Lukas Wieser on Keeping the Workplace COVID19 Free

    Lukas Wieser on Keeping the Workplace COVID19 Free

    Wieser (contributor), “Mandatory Vaccination? Employer’s Options for Keeping the Workplace Covid-19 Free: A European Perspective” by Kato Aerts, juriste international, 2021/1