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Commercial Disputes Weekly – Issue 4315 September 2020

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BITE SIZE KNOW HOW FROM THE ENGLISH COURTS

We appreciate that our clients, partners and friends are currently facing unprecedented challenges as a result of the spread of the COVID-19 virus. Click here for a message from our Managing Partners, and here for all of our latest updates and articles on the subject. If you have any questions or require support, please do not hesitate to speak to your usual contact at WFW.

 

"…the preponderance of views evident in dicta discussing or describing the nature of demurrage is that it serves to liquidate loss of earnings resulting from delay to the ship through failure to complete loading or discharging within the laytime allowed by the charter."K Line Pte Ltd v Priminds Shipping (HK) Co., Ltd

Arbitration
In an “unprecedented” case of “extraordinary” delay, the Commercial Court has granted an extension of time to challenge an arbitration award, finding that there was a prima facie case that both the underlying contract and the arbitration itself were tainted by fraud which threatened not only the integrity of the arbitration system, but also that of the court since to enforce an award in such circumstances would implicate it in the fraudulent scheme.
The Federal Republic of Nigeria v Process & Industrial Developments Ltd

Maritime
In a significant decision for the maritime sector, which seeks to resolve a point of long-standing uncertainty which has divided academics, the High Court has found that both damages and demurrage can be recovered for losses arising out of a failure to load or discharge a ship within the laytime allowed.
K Line Pte Ltd v Priminds Shipping (HK) Co., Ltd

Search orders
The Court of Appeal has handed down an important judgment on orders for the preservation of evidence, indicating that in the digital era an “imaging” order which provides for a digital copy of storage media to be taken may be more appropriate than a search order, but given the current lack of a standard form imaging order, careful consideration must be given to appropriate safeguards and there should be no unilateral searching of the images by or on behalf of the applicant.
TBD (Owen Holland) Limited v Simons & Ors

Should you wish to discuss any of these cases in further detail, please speak with a member of our London dispute resolution team below, or your regular contact at Watson Farley & Williams:

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