Case by Case

Luke and Calum are back with an episode discussing London Arbitration 14/23.

We hope you enjoy!

Luke and Calum are joined by Ed to discuss a RICO (Racketeer Influenced and Corrupt Organizations Act) Statute involving international parties from Russia.

Thanks for listening!

With Luke deep in hearing prep this week, Calum was joined by Miguel to look at a (slightly speculative...) attempt to use the wording of the LMAA Small Claims procedure to bar a claim.
A quick fire one this week - but a snapshot into an interesting maritime law point, London Arbitration 9/23.

With Luke on the move this week, Calum drafted in his compatriot Leo Rees-Murphy to discuss the recent Supreme Court decision in Philipp v Barclays. A really instructive decision on the duties owed by a bank to their customers with respect to fraudulent transfers.It seems inevitable that we are in for a wave of banking fraud - an inevitable outcome of AI that can replicate a person's speech to an unerring degree of accuracy. The question in this one is whether the bank has a duty (in the face of a customer insisting that the payment is made) to look into whether the payment would be the result of a fraud...

Case by Case 71 - Refining the law on Foreign Experts

"This is not a paid commercial... but ... TimTams!"After the yummy detour, this pod is about a serious arbitration topic.

The scope of an arbitration agreement. We know it well under English law. Here the question is subject to Iranian law. Before an English arbitral panel (and challenged then appealed in the English courts up to the Court of Appeal). What legal principles from the incorporated foreign law should the English arbitral panel be guided by ?

It is a trap for the unwary.

As we say in this episode, if you have any cases where you need to present foreign legal expert evidence before an English arbitral tribunal or court, then highly recommend you have a listen. This case offers an excellent guide.

We also discuss an interesting English arbitration procedure under sections 67 and 73 of the Arbitration Act 1996.

Hope this is useful for you. Let us know if so. And please do join in the fun by subscribing or following us on our channels.

Cheers!

Luke and Calum

Luke and Calum are back this week to talk about case CL-2022-000595.

Thanks for listening !

Luke and Calum are back this week to talk about London Arbitration 7/23.

Enjoy!

This week Luke and Calum discuss US Court of Appeals case Bunge, S.A. v. ADM Int'l Sarl, No. 22-1276 (3d Cir. Jun. 2, 2023).

Enjoy!

This week we have a special one in store - Luke and Calum recorded an episode of Case by Case at our New York Lunch & Seminars event with a live audience of clients and colleagues. In this episode, the two recap the most important and interesting cases of 2023 so far.

Enjoy!

This week Luke and Calum discuss English Court of Appeal case FIMBank PLC v KCH Shipping Co Ltd (“The Giant Ace”) [2023] EWCA Civ 569.

This is a good one. All about whether a claim for misdelivery arising after discharge of the goods from the vessel is time barred or not. Hague Rules versus Hague Visby Rules... Is there a big difference between the two versions of the Convention on the application of the one year time bar to post-discharge misdelivery claims? The court states that it found the "bull's eye" in the travaux préparatoires reaching its decision... We ask, with respect, did it really?