Trade and Transport

The useful Mackay v Dick principle is part of English law – might it apply here? In King Crude Carriers S.A. & Ors v Ridgebury November LLC & Ors, the English and Wales Court of Appeal confi...

When applying for trade credit insurance, a prospective insured will typically provide information on the financing arrangements that will form the basis of cover. Where there is deviation from these ...

In a recent decision in which Hesketh Henry acted for the successful applicant, the High Court of New Zealand ordered an anti-suit injunction in support of an agreement to arbitrate – the first such...

A central feature of the maritime limitation regime is a shipowner’s right to limit liability for maritime claims based on the tonnage of the vessel, granted in exchange for the acceptance of strict...

It is common for force majeure clauses to define a “force majeure event” as being one that cannot reasonably be prevented by the parties. The wording may differ among clauses, but the requirement ...

In response to a recent string of disruptive and unforeseen events, BIMCO has introduced the Force Majeure Clause 2022 (Clause) as an optional inclusion for charterparty and shipping contracts.

Several recent Maritime New Zealand Prosecutions have emphasised the importantance of managing fatigue when operating vessels.

In February 2021 we discussed the English Supreme Court case of Enka v Chubb, which provided much-needed clarity on how the governing law of an arbitration agreement should be determined where the agr...

Woolworths Group Ltd v Twentieth Super Pace Nominees Pty Ltd [2021] NSWSC 344

Recently passed legislative updates impose new regulatory standards on forestry advisors and log traders – introducing new levels of professional compliance for a previously unregulated area of the forestry sector.

Covid-19 has caused significant issues for supply chains and in some instances, business have cooperated responsibly to ensure New Zealand continues to be supplied with essential goods and services.

Henry has received the following recommendations and commentary in the high-profile Asia-Pacific Chambers Legal Directory for 2022

The English Commercial Court in Galtrade Ltd v BP Oil International [2021] EWHC 1796 (Comm) has held that an oil trader who rejected off-specification cargo wrongfully repudiated the contract, as the specification requirement in the contract was an intermediate term and not a condition.

New Zealand boat builders beware.

The English High Court decision in Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd [2021] EWHC 287 highlights the importance of parties to commodities contracts expressly including an arbitration clause in the contract. This is particularly when the contract is formed by email or instant messaging negotiations.

The English Supreme Court has recently clarified how the governing law of an arbitration agreement should be determined, where the agreement lacks an express choice of law provision.  In an area of l...

Hackers often try to scam entities making international payments by impersonating one, or both, parties to the payment.

The Singapore Mediation Convention has now entered into force, creating a comprehensive framework for the enforcement of international mediation settlement agreements.

These are challenging and uncertain times and we wanted to provide a briefing on some of the issues yacht owners may be experiencing during the current lockdown. Do you have a mortgage over your yacht...

New Zealand businesses looking to establish a foothold in the UAE have many options

New Zealand has introduced a new standard requiring all vessels to have a “clean hull” on arrival in the country after 15  May 2018.[1]  The objective is to minimise the introduction of ...

In May the United States announced the re-imposition of sanctions in relation to trade with Iran

The Hesketh Henry marine team pen the New Zealand chapter of The Shipping Law Review

Welcome to our spring maritime udate

Admiralty proceedings against a vessel are necessarily territorial in nature. A debtor’s vessel may sail into a certain jurisdiction and be arrested and sold for the benefit of creditors who both ha...

A supply agreement should be viewed as any other binding legal contract, and should never be entered into lightly.

Alan Sherlock, Partner at Hesketh Henry, has been involved in a number of Admiralty cases, and has experienced the following recent success. In Babcock Fitzroy Limited v The Ship “The M/V Southern ...