ENGLISH LAW·August 2026
Without Prejudice Is Not Magic
The words WITHOUT PREJUDICE are often added to correspondence as if they were a legal version of abracadabra. They are not.
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ENGLISH LAW·August 2026
"Safe Berth" Is Not What You Think
A safe berth issue is not always about storms or rocks. In one FOSFA arbitration, the real danger came from outdated depth information the master was entitled to rely on.
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ENGLISH LAW·July 2026
Force Majeure: Do Not Wait for a Certificate. Build the File.
In a GAFTA dispute, there is no magic certificate that proves force majeure. What matters is contemporaneous evidence: agent emails, Notices to Mariners, terminal correspondence, AIS data, and a clear causal link to non-performance of the actual contract.
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ENGLISH LAW·July 2026
ADMK Closed? Open the Contract First
The closure of the Azov-Don Sea Canal does not automatically create force majeure. Under GAFTA and English law, everything turns on the contract wording, timely notice, evidence, and the actual impact on performance.
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DISPUTES·July 2026
Wrong Address, Lost Award: Serving an Arbitration Notice Properly
An arbitration notice sent to an employee who lacks authority may not commence the arbitration at all. In Glencore v Conqueror, that defect was enough to set aside the award.
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CONTRACTS·July 2026
GAFTA 49 Explained: How the FOB Standard Form Works
GAFTA 49 is the standard FOB form: who nominates the vessel, how extension works, what GAFTA 123, 124 and 125 add to your contract, and where FOB sellers and buyers lose money.
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EXECUTION·July 2026
Wheat Quality: A Guide for the Reasonably Suspicious
Quality figures in a wheat contract are only useful if the method, basis, sample and laboratory are clear. Without those details, a certificate can quickly become a dispute.
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CONTRACTS·June 2026
Arbitration Clause: When a Friendly Deal Stops Being Friendly
An arbitration clause may look like a formality until performance breaks down. If it is vague, the first dispute may be about how to start the arbitration at all.
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