Assignment – Common Sense Prevails
This article examines the recent Court of Appeal’s decision in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd (2024) EWCA Civ 5, on the assignment issue in a sale contract under Japanese law.
This article examines the recent Court of Appeal’s decision in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd (2024) EWCA Civ 5, on the assignment issue in a sale contract under Japanese law.
In the first article in this series we discussed how Allianz Australia Insurance Limited and AWP Australia Pty Ltd pleaded guilty to seven criminal charges of misleading and deceptive conduct. In this second article, we consider the impact of the breaches and prosecution and conviction of Allianz/AWP on online platforms offering goods and services to Australian consumers.
In June 2022, Allianz Australia Insurance Limited and AWP Australia Pty Ltd pleaded guilty to seven criminal charges of misleading and deceptive conduct.
In this week’s Commercial Disputes Weekly we range from calculation of vessel performance warranty claims to notification of the right to manage in a lease, via non-exclusive jurisdiction clauses and waiver of privilege.
CDW will now take a short break. The next edition will be out on Tuesday 6 September 2022.
Jurisdiction issues arise in three of the cases in this week’s Commercial Disputes Weekly with a clash between an arbitration agreement and a direct action statute, the latest instalment in the dispute over Venezuelan gold and how to serve orders through blockchain on unidentified website operators. The final case considers the requirements for terminating a bareboat charter following a terrorism event of default.
In Commercial Disputes Weekly we look at the first decision on what is a “construction contract” since adjudication was introduced in 1998, in which Watson Farley & Williams acted for the successful appellant before the Court of Appeal.
The spate of adjudication decisions continues with two more cases dealing with enforcement and the binding nature of such decisions. We also discuss a Court of Appeal decision on the applicable law and jurisdiction in a tower of insurance policies and a question of procedural law in arbitration.
The ZouZou – If the owner’s marine insurers decline cover for a total loss, will the lender’s mortgagee’s interest insurance policy come to the rescue?
In this week’s Commercial Disputes Weekly, we look at an interesting decision on mortgagee’s interest insurance and how to interpret the New York Convention in a domestic law context. We also consider two weighty judgments that contain lessons on how not to behave.
In this article, London Partners Toby Royal and Mike Phillips and Paralegal James Fitzjohn assess the rules and what they mean for the maritime insurance industry.