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Articles by Claire Don
EU takes action over violations of the UN’s Arms Embargo on Libya
On Monday, 21 September, the EU designated three companies involved in the transportation of goods for violating the UN arms embargo in place for Libya: Sigma Airlines, Avrasya Shipping and Med Wave Shipping. The three entities, who are alleged to have transported military material to Libya, are now subject to an asset freeze under the EU restrictive measures.
All About Shipping
Legal, Sanctions — By admin on July 30, 2020 at 3:55 PM UK publishes sanctions compliance guidance for the maritime industry At a Glance… On 27 July 2020, the UK Office of Financial Sanctions Implementation (OFSI) published its Maritime Guidance providing “financial sanctions guidance for entities and individuals operating within the maritime shipping sector”. The 12-page document is key reading for those in the maritime industry, conducting business in or connected to the UK.
UK is beginning to shift towards Washington’s view on sanctions
Discussions within the maritime community about international sanctions have focused primarily on adherence to the wide-ranging measures imposed by the US government and the aggressive enforcement actions
Managing Sanctions Risk In 2020
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BIMCO releases fresh sanctions clauses for time and voyage charter parties - Managing sanctions risk in 2020
In response to the evolving challenges facing the shipping industry in 2019, BIMCO has released new standard sanctions clauses for time and voyage charter parties. The release attempts to respond, in particular, to the United States’ more aggressive sanctions regimes for Iran and Venezuela, which have strained the previous BIMCO language.
The JCPOA: is it the end?
On 14 January 2020, the UK, France and Germany (the “E3”) triggered the dispute resolution mechanism under the JCPOA by referring assertions of Iranian non-compliance to the Joint Commission. The triggering of the dispute resolution mechanism could (but not necessarily will) lead to the re-imposition of UN and EU sanctions on Iran, though the statement released by the E3 reiterates their “sincere hope of finding a way forward to resolve the impasse”.
'Re-negotiation' Clause in Contract Not Void for Uncertainty
This alert focuses on the recent judgment in Associated British Ports v Tata Steel UK Ltd [2017] EWHC 694 (Ch). ABP demonstrates the English courts’ reluctance to find clauses and/or contracts void for uncertainty where they contain terms to be agreed or negotiated by the parties. This is particularly so where the dispute arises from a long-term contract and there has been a significant degree of performance.
Reasonable Endeavours and Implied Duties of Good Faith: A Case Update
This alert focuses on clauses in commercial contracts which require a party to use ‘all reasonable endeavours’ and their relationship with the limited implied duty of good faith under English law. We look in particular at the recent judgment in Astor Management AG & Another v Atalaya Mining Plc & Others [2017] EWHC 425 (Comm). In considering the extent of Atalaya’s endeavours obligation, Leggatt J. found that it was sufficient that Atalaya had considered proposals for a senior debt facility.
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