Contracts

first_img The applicant (X) applied for a declaration that the English court had no jurisdiction to hear a claim brought by the respondent (C). C and X were domiciled in Switzerland and carried on business as oil traders in Geneva. They had entered into an oral joint venture agreement in relation to the supply of oil. Two sales contracts were subsequently entered into, which provided that they would be governed and construed in accordance with English law. C issued claims for profit and damages in England. X denied that the English court had jurisdiction. C contended that the court had jurisdiction to hear the claims under article 17 of the Lugano Convention 1988, as the parties had agreed under the sales contracts that the courts of England should have jurisdiction. C submitted that there was no inconsistency between the sales contracts and the joint venture agreement as the joint venture agreement had contained no jurisdiction clause. Alternatively, C argued that it was expressly agreed that the joint venture agreement should be subject to English law and jurisdiction or that it contained an implied term to that effect. Held: (1) C’s claims did not fall within the jurisdiction clauses of the sales contracts. The burden was on C to demonstrate that it was subject to the consensus that the English courts had jurisdiction. The jurisdiction clauses in the sales contracts had to be construed against the background of the joint venture agreement. The agreement and the sales contracts were distinct from each other. Given that the parties were in Geneva, it should not be assumed that the joint venture agreement should be governed by the subsequent clauses in the sales contracts. Accordingly, X was entitled to a declaration that the court did not have jurisdiction to determine any claim brought by C. (2) On the evidence, C had failed to prove that it had been expressly agreed that the joint venture agreement was governed by English law. Further, such a term could not be implied into the joint venture agreement. Declaration granted. Choil Trading SA v Addax Energy SA: QBD (Comm) (Mr Justice Field): 28 September 2009 David Lewis (instructed by Hill Dickinson) for the applicant; Geraldine Clark (instructed by Davies Johnson) for the respondent.center_img Agreements – Contracts – Joint ventureslast_img read more

Thanks for the memories …

first_imgTo continue enjoying Building.co.uk, sign up for free guest accessExisting subscriber? LOGIN Stay at the forefront of thought leadership with news and analysis from award-winning journalists. Enjoy company features, CEO interviews, architectural reviews, technical project know-how and the latest innovations.Limited access to building.co.ukBreaking industry news as it happensBreaking, daily and weekly e-newsletters Get your free guest access  SIGN UP TODAY Subscribe now for unlimited access Subscribe to Building today and you will benefit from:Unlimited access to all stories including expert analysis and comment from industry leadersOur league tables, cost models and economics dataOur online archive of over 10,000 articlesBuilding magazine digital editionsBuilding magazine print editionsPrinted/digital supplementsSubscribe now for unlimited access.View our subscription options and join our communitylast_img read more

Finding true North

first_imgIf the North is ever going to narrow the economic gap with the South, we need to create a new “northern powerhouse”. To achieve this, we will need to meet the complex mix of common interests while at the same time recognising the different needs of local identities within that region. Wigan is not Wakefield. Bury and Barnsley share some qualities, but are divided by others.The northern powerhouse has to harness both the shared interests of the region and the unique local characters within it – while recognising that its competitors lie beyond the region and not within it.This will require sustained investment in the physical, social and economic infrastructure that underpins employment and a high quality of life. To achieve this, we must first identify the factors behind London and the South-east’s enviable success and pinpoint what needs to be done to replicate these.Essentially they are four-fold. First, a dense web of transport connections that are reliable and affordable. Second, consistent and cohesive governance with the ability to plan over the medium- to long-term over the whole economic area. Third, access to Europe as a key market for goods, services and talent; and finally, quality of life and opportunities to broaden experiences.However, without a detailed, carefully considered plan for a northern giant, the pressures in the South-east will become less sustainable and the consequences for social and economic inclusion, community cohesion and economic growth, intolerable.So how do you ensure that this northern powerhouse thrives? It would be, after all, a city region spanning multiple cities, a factor which, alongside the physical barrier of the Pennines, comes with huge challenges: local identities and loyalties, costs and technical obstacles.The northern powerhouse has to harness both the shared interests of the region and the unique local characters within itA sense of community is imperative. The northern powerhouse will become a city region that surrounds a national park, and with areas of brownfield land available for new development. Equally there are great cultural facilities – from the Deep in Hull to the Tate in Liverpool. The question is how can these be accessed across the city region and become part of a shared experience, building a regional identity?Connectivity is crucial: physical links by road and rail that enable people to move freely within the conurbation are one major factor in London’s economic success. HS2 will make a difference to North-South travel, but without corresponding investment in East-West links – be it HS3 or upgrades to current trans-Pennine routes – the full benefits in the North will not be realised.Political leadership is also a critical factor in driving investment – clearly demonstrated by the City Deals in northern cities, where clear leadership is being recognised by access to enhanced resources.As Siemens’ Juergen Maier pointed out at the Northern Powerhouse Conference, if every devolved region does its own thing it would be the worst possible scenario. We need a national industrial strategy where we agree which regions are going to take ownership of which areas, to create world-class clusters that reflect local entrepreneurship, skills and resources.If there is real intent to achieve this rebalancing, governance and transport are the crucial factors. These could include:A single elected body or extended combined authority with a city-region manager on a five-year term for the entire area, extending beyond Greater Manchester which gets a mayor in 2017.A coherent and integrated economic and transport strategy that develops and sustains clusters of activity across the northern powerhouse which are distinct.A high-speed rail link from the Mersey, with its promise of a rejuvenated, privately funded port, across to the Humber with a direct link to Lille that allows European rolling stock to use UK railways.Reopening old transport links for turn-up-and-go services that are clean, efficient and affordable.Using renewable energy to power transport, investing in community-owned assets that provide a return to create neighbourhood-level investment.Enabling and empowering municipal enterprise to drive development and investment.This cannot happen without imaginative and dynamic planning and investment across all sectors. There are also parallels with the economic convergence programmes implemented by the EU in countries pre- and post-accession, developing the institutions and processes necessary to make best use of the investment. This is a programme that lasts beyond the horizons of any government. The North is rising again, but it may take a generation to deliver the level of change required to unlock its true potential.Richard McCarthy is executive director, central government, at Capitalast_img read more

Fagioli sells stake in none core subsidiary

first_imgUnder the terms of the agreement, KatoenNatie Group should take control of InterportoRivaltaScrivia SpA. before the end of the summer.InterportoRivaltaScrivia SpA, with a consolidated turnover of approximately EUR50 million (USD63 million), is a leading Italian player in the contract logistics sector, providing a wide range of specialised services to Italian and international clients, operating in diversified sectors.The company is mainly based in Tortona, Italy, on an area of more than 1.2 million sq m, at the centre of a triangle connecting Milan, Turin and Genoa and well connected with the rail and highway networks.The disposal of the control of InterportoRivaltaScrivia SpA by Fagioli Finance Group follows a strategic review of the latter’s group business model, focusing on the historical core business of, among others, heavy transportation, lifting and applied engineering, where Fagioli Group is one of the leading worldwide providers with more than 60 years of experience.www.katoennatie.comwww.fagioli.itlast_img read more

Venice going offshore

first_imgWith ports increasingly required to handle ever-larger vessels, any unable to cater for ultra large containerships are unlikely to feature on transcontinental liner shipping routes. The port of Venice, with its unique lagoon and rare marine ecosystem, is in this very position. To solve this problem the Venice Port Authority has decided to develop an innovative offshore port system that can handle 1.5 million teu annually.Positioned 12.8 km offshore where the seabed is at least 20 m deep, the offshore platform will play host to an oil/LNG/energy terminal and a container terminal able to accommodate up to three of the latest generation container ships concurrently. Containers will be ferried to the mainland by a specialised semi-submersible barge transporter. A 4.2km long breakwater will protect the development, and a highly automated system will ensure loading/unloading performances are equal to those of the best worldwide terminals, says the Venice Port Authority.The authority forecasts that in cooperation with other Adriatic ports by rail, road and inland navigation, the regional system will be able to attract a critical mass of at least 6 million teu of traffic and operate as a unique hub by 2030.According to the Venice Port Authority, the project is ready to be tendered in a PPP model, and it is actively on the hunt for investors. The jury of the Organisation for Economic Co-operation and Development (OECD) – International Transport Forum Innovation in Transport Award 2014 – described the potential development as a “very interesting initiative with replicability possible with other ports with insufficient water depths”.  https://www.port.venice.it/en/venice-port-authority.htmllast_img read more

Québec – Windsor high speed study contract placed

first_imgCANADA: The governments of Québec, Ontario and Canada have awarded the EcoTrain consortium a C$3m contract to update previous feasibility studies for high speed rail services along the Québec – Windsor corridor, Transport Canada announced on February 23. EcoTrain comprises Dessau, MMM Group, KPMG, Wilbur Smith & Associates and Deutsche Bahn International. More than half of the population of Canada live in along a 1 150 km corridor stretching from the city of Québec, through Montréal, Ottawa and Toronto to Windsor, which is situated opposite the US city of Detroit. The national and two province governments are making equal contributions to the cost of the latest study, which will consider technology and route options, demand forecasts, development and operating costs, environmental, modal and social impacts, economic analysis, overseas experience of institutional frameworks and implementation scenarios.last_img read more

Crews hunt for debris, black box from doomed EgyptAir jet

first_imgSearch crews are scouring for further wreckage of EgyptAir flight 804 —including for the plane’s black boxes, which could provide vital clues to why the jetliner crashed killing all 66 on board.Planes and vessels from Egypt and five other countries are searching a wide area of the Mediterranean on Saturday, a day after the Egyptian army found debris from the Airbus 320 in the sea 290km north of Alexandria.No hard evidence has emerged to why the plane dropped off radar, swerved wildly and plummeted early Thursday morning.While the presence of smoke inside the Airbus A320 is consistent with an explosion, some experts believe that it is also evidence of some form of technical fault.Investigators are considering the possibility of a terror attack.Details of smoke in the aircraft emerged from data pulled from the A320’s Aircraft Communications Addressing and Reporting System (ACARS) and published in the Aviation Herald.It shows that smoke was detected in the aircraft lavatory at 2.26 am, with a second sensor going off a minute later with further faults until 2.29 am, when the system ceased recording.According to the Wall Street Journal, people “familiar with the matter” say that the alerts could be an indication of a problem with the flight control system. No militant group claims to have brought down the plane.The industry publication Aviation Herald reports that sensors detected smoke in the plane’s lavatory, suggesting a fire onboard.last_img read more

Industry Consortium Contracted to Run STM Infrastructure

first_img Author: Baibhav Mishra Sea News Feature, March 9 The industry announced the intention to run the STM infrastructure already at the STM conference November 2019 in London. The infrastructure was developed within several STM projects. But as STM is catching on, the operations should be handled by professional actors with the right experience governed by contracts. Kongsberg, Saab and Wärtsilä founded the non-profit Navelink consortium in December 2019, and Combitech is tasked with the actual delivery of the infrastructure and its operations. The infrastructure for the entire Sea Traffic Management (STM) ecosystem has been contracted to the newly formed non-profit industry consortium, Navelink. All existing implementations and the current STM projects will run on a platform with high capacity. “The potential is huge. Imagine if all information to and from hundreds of thousands of vessels, ports and terminals across the world was digitalized and transacted over one common infrastructure using one global standard. But in order to succeed, we need to be humble and develop this step by step in close cooperation with relevant authorities, partners and other actors.” Per Löfbom, Chief STM Architect, says: The contract with the consortium lasts until the end of the ongoing STM projects, to at least July 2021. The infrastructure is open and other actors of the STM ecosystem are very welcome to join, as well as actors outside STM who are looking for stable operational version of the Maritime Connectivity Platform. Anders Wendel, Head of Navelink at Combitech adds: STM infrastructure consortium (Image Courtesy: STM) “The procured Maritime Digital Infrastructure facilitates a loosely coupled service architecture supporting information owner sovereignty. The STM projects, and all the partners, will continue to influence the standards and the architecture development. Having an even more active commercial actor with a deep interest in pursuing infrastructure excellence, will help push the development and implementation of international standards.” There will be professional development and staging environments to ease implementation of new services and updates of the existing ones. “To have a consortium of committed international industry actors running the infrastructure is a natural step towards a global secure interoperable STM infrastructure” says Per Löfbom, Chief STM Architect.last_img read more

Autotalks Receives Wi-Fi Pre-Certification for its V2X Chipset

first_imgAutotalks, a leader in V2X (Vehicle-to-Everything) communication solutions, has completed Wi-Fi 5 pre-certification for its evaluation kit based on its 2nd generation V2X chipset. Autotalks’ dual-mode (DSRC and C-V2X) chipset, recently achieved this milestone for its dual-band Wi-Fi (2.4 GHz and 5 GHz) supporting standards 802.11a/b/g/n/ac. The testing was done by an authorized test laboratory of the Wi-Fi Alliance, using Autotalks evaluation kits.As automakers increasingly embed V2X units in the vehicles’ TCU (Telematics Control unit), the addition of out-of-vehicle Wi-Fi functionality to Autotalks’ V2X chipset can facilitate a range of out of vehicle connectivity services. These include mobile data offloading, diagnostic services, public hotspot access, over-the-air updates, self-parking and electric vehicle wireless charging communication using the V2X external antennas, for increasing the range of out-of-vehicle WiFi.This millstone highlights the flexibility of Autotalks’ chipset and the company’s ability to deliver communications devices for the automotive market that are compliant with industry standards. Following DSRC certification in the US and C-V2X conformance testing in China, this Wi-Fi pre-certification demonstrates Autotalks’ ability to provide a one-stop chipset for the connected car, enabling both safety and advanced service use cases. Autotalks’ automotive qualified chipsets have been selected for mass production DSRC and C-V2X projects by global OEMs and Tier1s.Click here to read more about V2X technology.last_img read more

EPL: Chelsea wants Asensio as Real Madrid eye record-breaking Hazard transfer

first_imgChelsea are keeping tabs on Real Madrid midfielder, Marco Asensio, but any transfer would likely hinge on Eden Hazard moving in the opposite direction, The Sun, UK, reports.The Premier league champions have been interested in the Spanish international for months, Spanish outlet, Diario Gol reports.Asensio has only started nine LaLiga games for the Los Blancos this season.The 22-year-old has scored eight goals in all competitions this season.The LaLiga champions are preparing a sensational £120million summer move for Hazard, whose Chelsea contract runs out in 2020 and he is yet to sign a new deal.Hazard’s dad, Thierry had told a Belgian newspaper that Eden is waiting to hear if Madrid want him. “Eden has refused a contract extension if necessary, to follow interest from Real Madrid,” Thierry said.last_img read more