Lloyd's Maritime and Commercial Law Quarterly最新文献

No Magic to the Indoor Management Rule 室内管理规则没有魔力

Lloyd's Maritime and Commercial Law Quarterly Pub Date : 2020-12-07 DOI: 10.2139/SSRN.3743849

Hans Tjio, D. Ang

引用次数: 0

The Discoverability of Mistakes of Law 法律错误的可发现性

Lloyd's Maritime and Commercial Law Quarterly Pub Date : 2018-07-25 DOI: 10.2139/SSRN.3220062

S. Beswick

引用次数: 0

Some Fallacies Concerning the Law of Contract Interpretation 关于合同解释法的一些谬论

Lloyd's Maritime and Commercial Law Quarterly Pub Date : 2017-10-01 DOI: 10.2139/SSRN.3123371

D. McLauchlan

{"title":"Some Fallacies Concerning the Law of Contract Interpretation","authors":"D. McLauchlan","doi":"10.2139/SSRN.3123371","DOIUrl":"https://doi.org/10.2139/SSRN.3123371","url":null,"abstract":"This article seeks to refute several basic propositions concerning the law of contract interpretation that have recently been put forward by academic commentators, some of which gain implicit support from an extrajudicial speech by Lord Sumption earlier this year. These propositions are: the very purpose of a written contract dictates the existence of a plain meaning rule; evidence of prior negotiations is necessarily irrelevant; the explanation for allowing evidence of trade usage or custom to override plain meaning is that the document was not intended to contain the whole contract; the ICS principles are inherently flawed; the “assimilation” theory on which the principles are based is also flawed; recent decisions of the UK Supreme Court demonstrate that the principles have been abandoned and that, as a result, Lord Hoffmann’s legacy in the area of contract interpretation has ended; and this development is to be welcomed because it has the benefits of increased certainty, cost savings and greater protection for third parties. I. INTRODUCTION Lord Hoffmann’s well-known restatement of the principles of contract interpretation in Investors Compensation Scheme Ltd v West Bromwich Building Society (“ ICS ”) 1 has been contentious ever since it was pronounced in 1997. Although it was adopted on countless occasions by the courts, the reaction of some judges, commentators and commercial practitioners was hostile, and it now seems that their concerns have been heeded, at least to some extent. Thus, as I have discussed elsewhere, 2 recent developments suggest that a court should depart from what it considers to be the plain meaning of a contract only in truly exceptional circumstances, a main plank of what was generally considered to be the correct approach prior to ICS . Particularly important in this context is the reasoning of Lord Neuberger (with which Lord Sumption and Lord Hughes agreed) in Arnold v Britton . 3 Having found that the service charge clauses in 99-year leases of holiday chalets contained no ambiguity and that nothing had gone “significantly wrong” with","PeriodicalId":266956,"journal":{"name":"Lloyd's Maritime and Commercial Law Quarterly","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116685253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Testing the limits of interpretation 测试解释的极限

Lloyd's Maritime and Commercial Law Quarterly Pub Date : 2016-02-15 DOI: 10.17863/CAM.27469

Liron Shmilovits

引用次数: 1

Some wear and tear on Armagas v Mundogas: the tension between having and wanting in the law of agency 《阿玛加斯诉蒙多加斯案》中出现了一些磨损:代理权法则中拥有和想要之间的紧张关系

Lloyd's Maritime and Commercial Law Quarterly Pub Date : 2015-01-20 DOI: 10.2139/SSRN.2714271

Peter G. Watts

引用次数: 0

A new byword for cross-border restructuring: scheme of arrangement as judgment (Re Cavell) 跨境重组的新名词:作为判决的安排方案(Re Cavell)

Lloyd's Maritime and Commercial Law Quarterly Pub Date : 2005-11-21 DOI: 10.2139/SSRN.852824

Look Chan Ho

{"title":"A new byword for cross-border restructuring: scheme of arrangement as judgment (Re Cavell)","authors":"Look Chan Ho","doi":"10.2139/SSRN.852824","DOIUrl":"https://doi.org/10.2139/SSRN.852824","url":null,"abstract":"As a means of effecting cross-border restructuring, a scheme of arrangement under section 425 of the UK Companies Act 1985 suffers from a serious defect in that it may not be binding on 'foreign creditors' in the following sense. As the question of whether an obligation has been discharged is governed by its proper law, creditors whose claims are governed by foreign law may, notwithstanding a section 425 scheme compromising their claims, enforce their claims against the company in a foreign court. Two methods have often been used in practice to overcome this defect so that the scheme is effective according to the law of the place in which the company's assets are located. First, if there are assets in the United States of America, the company may seek a permanent injunctive relief under section 304 of the US Bankruptcy Code in order to protect those assets. Second, if there are assets in jurisdictions (such as Australia and the Cayman Islands) that have an equivalent restructuring regime, parallel schemes of arrangement may be put forward in those jurisdictions. The recent decision of the Ontario Superior Court of Justice in Re Cavell Insurance Company opens up another avenue by which a section 425 scheme may be binding on foreign creditors, namely by enforcing the English scheme overseas as a judgment. Re Cavell also supports the position that an English court order sanctioning a scheme of arrangement is a judgment within the Council Regulation (EC) 44/2001.","PeriodicalId":266956,"journal":{"name":"Lloyd's Maritime and Commercial Law Quarterly","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131955734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

THE UNITED NATIONS CONVENTION ON CONDITIONS FOR REGISTRATION OF SHIPS 联合国船舶登记条件公约

Lloyd's Maritime and Commercial Law Quarterly Pub Date : 1987-02-01 DOI: 10.1093/ulr/os-14.1.363

S. Sturmey

引用次数: 11

The Law of the Sea 《海洋法》

Lloyd's Maritime and Commercial Law Quarterly Pub Date : 1900-01-01 DOI: 10.1093/he/9780199565665.003.0022

Malcolm D Evans

引用次数: 0

The Rotterdam Rules 鹿特丹规则

Lloyd's Maritime and Commercial Law Quarterly Pub Date : 1900-01-01 DOI: 10.4324/9781315850290

Anthony Diamond

引用次数: 18

Territory in the Rome I and Rome II Regulations 领土在罗马I和罗马II条例

Lloyd's Maritime and Commercial Law Quarterly Pub Date : 1900-01-01 DOI: 10.1007/978-3-642-55104-8_4

A. Dickinson

引用次数: 1