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20.04.2023
Fortior's Kyiv Office Receives Recognition from The Legal 500
The Kyiv office of Fortior Law has once again been acknowledged by The Legal 500, achieving a Tier 3 ranking in the International Trade practice.
10.08.2022
UNCITRAL approves Draft Convention on the Effects of Judicial Sale of Ships
The United Nations Commission on International Trade Law (UNCITRAL) has recently approved a draft convention on the effects of judicial sale of ships, marking the next step in a project which was first commenced in 2007 by the Comitè Maritime International (CMI). The draft convention seeks to achieve greater harmonisation within the international community of the legal effects of a judicial sale of a vessel.
22.06.2022
Types of Charterparties
A charterparty is an agreement by which a shipowner leases an entire vessel or parts of its cargo spaces (e.g., part of a deck) to a charterer to carry cargo for payment. In this article, we discuss the main types of charterparties.
21.06.2022
Is it possible to recover legal costs in Gafta arbitrations?
A party should consider the recoverability of legal costs before commencing litigation or arbitration proceedings. While most arbitration institutions recognise that legal costs are generally recoverable from the losing party, this cannot be said about Gafta, where such costs are generally unrecoverable. However, this is not an absolute rule.
27.05.2022
Laytime and demurrage
Laytime is time allowed to a vessel for loading and discharge, whereas demurrage is a compensation for failure to load or discharge the vessel within laytime.
09.05.2022
Anti-dumping Investigation on Float Glass Initiated by the Ministry of Finance of Taiwan
On May 6, 2022, the Customs Administration, Ministry of Finance of the Republic of China, published/issued an official notice to initiate an anti-dumping investigation on imports of float glass from Malaysia, Indonesia or Thailand. The subject goods of the investigation are float glass, in sheets, including both clear float glass and tinted float glass that can be used directly or further worked into processed glass.
25.04.2022
What should a FOB seller do when goods were unloaded without payment? (Part 2)
Here is the second part of the detective story "What should a FOB seller do when goods were unloaded without payment?", where we explain that a breach of contract may potentially serve the interests of a claimant in certain situations.
20.04.2022
Fortior’s International Trade practice achieves Tier 3 in The Legal 500
Fortior’s Kyiv office has been recognized by The Legal 500 in the International Trade practice (Tier 3).
18.03.2022
The parties may imply during negotiations that a contract will be concluded only upon its signing
We analysed the decision in Jamp Pharma Corporation v Unichem Laboratories Limited [2021] EWHC 1712 (Comm), according to which the parties may impliedly agree during negotiations that the contract will be concluded only when it is signed by both parties. In other words, the negotiations may imply that the agreement is "subject to contract", meaning the contact comes into effect only when its terms are set out in a formal document signed by both parties.
11.03.2022
Does the war in Ukraine constitute force majeure according to Gafta and FOSFA?
On 24 February 2022, Russia attacked Ukraine. In this article, we analyse whether the war constitutes a force majeure event as per Gafta and FOSFA contracts.
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