Transport

Commercial Court Confirms Traditional Understanding Of "As Is Where Is" In Ship Sale And Purchase Contract

Michael Hirtenstein & Others v. Hill Dickinson LLP [2014] EWHC 2711 (Comm) It will be recalled that in the case of Dalmare SPA v. Union Maritime Ltd (Union Power) [2012] EWHC 3537 (Comm), the Commercial Court, albeit in obiter comments, expressed the surprising and contentious view that the words “as is where is” were likely… Read More

Hong Kong Ship Arrest: Enforcing A Maritime Award Via The Backdoor?

Handytankers KS v. Owners and/or demise charterers of M/V Alas (subsequently renamed Kombos) [2014] KHCFI 1281 In a potentially very significant recent judgment, the Hong Kong High Court has upheld the arrest of a vessel despite the Plaintiff already having obtained an arbitration award. The Admiralty Court effectively ruled that a ship can still be… Read More

SLOT Applications At Turkish Civil Aviation

Principally, the Turkish civil aviation legislation is prepared by two authorities in Turkey: Directorate General of Civil (“DGCA”) and the General Directorate of State Airports Authority (“GDSAA”). DGCA regulates and ensures the development of the civil aviation activities therefore GDSAA performs the management of Turkish airports and controls the Turkish airspace as a state owned… Read More

Collisions And Reserve Ships: Liner Operators Beware!

Darya Bhakti [2013] 2 HKLRD 926 The quantification of damages for the loss of use of a ship damaged in collision where her owner maintains and substitutes a reserve ship for his damaged ship came up for determination recently in Hong Kong, and in the modern day setting of a liner operation run by a… Read More

District Court Evaluates Express Warranty Of "Airworthiness"

Texas Court Determines That “Airworthy” Is an Unambiguous Term That Controls Over More General Disclaimers of Warranties HIGHLIGHTS: The “as is” clause does not negate the express warranty of an “airworthy” aircraft. The terms “airworthy” and “certificate of airworthiness” are technical terms capable of only one reasonable interpretation – compliance with FAA’s technical and legal… Read More

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