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International supply of goods—checklist

International supply of goods—checklist This Checklist considers how to identify international contracts for the supply of goods and how international contracts for the supply of goods can create more considerations than the domestic supply of goods. The Checklist then sets out a series of considerations when drafting and entering into international contracts for the supply of goods, including issues such as credit rating, carriage of goods (or shipping), international trade terms (including Incoterms®), payment, trade finance, currency, exchange controls, import and export restrictions, intellectual property, force majeure, insurance, language, product liability, notices, governing law, jurisdiction, and trade with the EU. The Checklist is drafted practically from the perspective of an in-house lawyer. Identifying international contracts Does your business know how to identify an international contract, or even what an international contract is? Knowing how to spot an international contract is important for two reasons: • this will shape your involvement as the in-house lawyer—is this a contract you can advise on or do you need to seek external advice? If...

No deal Brexit—impact on jurisdiction agreements—checklist [Archived]

No deal Brexit—impact on jurisdiction agreements—checklist [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. Various jurisdictional rules determine whether a court has jurisdiction to hear a dispute. This Checklist considers the expected impact of Brexit on the application of these jurisdictional rules by various courts when seeking to establish the effect of a given jurisdiction agreement (also known as a choice of court agreement) after exit day. The rules considered are: • Regulation (EU) 1215/2012, Brussels I (recast) • Lugano Convention 2007 • Brussels Convention • Hague Convention on Choice of Court Agreements • national laws This Checklist does not consider Regulation (EC) 44/2001, Brussels I as, given the passage of time, it is unlikely that this will be relevant for determining jurisdiction. It also does not cover specialist conventions that address issues of jurisdiction such as United Nations Convention on the Carriage of Goods by Sea (Hamburg rules). This Checklist considers the change (if any) on the application of these rules as a result of...

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Carriage of goods by air

This Practice Note provides a summary of the common law and conventions governing international carriage by air. It explains the liability of the carrier and measure of damages under the common law and the conventions. The Warsaw Convention and Montreal Convention (and the various versions of each) are explained, an explanation of how to work out which convention applies is provided and limitation of liability, jurisdiction and time bars under the conventions are also discussed. The Practice Note also provides an introduction to cargo documentation requirements and liability for loss, damage or delay to cargo.Carriers of goods by air may be liable under:•common law•international conventions•EU regulationsThis Practice Note provides an introduction to a large and complex topic that is dealt with in detail in Shawcross & Beaumont: Air Law. The focus on this Practice Note is on the common law and to a greater extent, to the conventions governing international carriage by air.Common lawAt common law, a carrier may be liable:•on the basis of express or implied terms in the...

Carriage of goods by rail

This Practice Note provides a summary of the law relating to the carriage of goods by rail as provided for in the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM). It explains the scope of application of CIM, the contract of carriage under CIM, how liability is apportioned under CIM, time bars and jurisdiction. See: Uniform rules concerning the contract for international carriage of goods by rail (CIM): Encyclopaedia of Forms and Precedents [43].International carriage by rail is governed by the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM) (the Rules). The Rules are enacted under the auspices of the Convention concerning International Carriage by Rail (COTIF), which is given the force of law in the United Kingdom by the Railways (Convention on International Carriage by Rail) Regulations 2005, SI 2005/2092.Scope of applicationUnder article 1, the Rules apply:•to carriage for reward (and not gratuitous carriage)•to every contract for the carriage of goods by rail where◦the taking over of the goods...

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Sustainability definitions (The Chancery Lane Project)

Sustainability definitions (The Chancery Lane Project) 1.5°C Aligned 1.5°C Aligned • [means that the level of ambition of [insert name of the organisation] targets to reduce GHG Emissions and its Climate Change Mitigation Measures are consistent with achieving the goal in Article 2.1(a) of the Paris Agreement to pursue efforts to limit the global temperature increase to 1.5°C above pre-industrial levels with little to no overshoot. OR means that [insert name of the organisation] targets to reduce GHG Emissions and Climate Change Mitigation Measures are aligned with scenarios that yield a long-term global warming outcome of 1.5°C above pre-industrial levels [with [60%] probability and [no OR less than 0.1%] overshoot]. ] 100% Renewable Energy and Renewable Energy Sources 100% Renewable Energy • means an energy system where all the energy used is sourced from Renewable Energy Sources. Renewable Energy Sources • means naturally replenishing non-fossil sources of energy, including but not limited to [regenerative biomasses (wood, municipal waste, biomass and landfill gas, ethanol, biodiesel), hydropower and tidal...

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Can a Standard National operator licence holder apply for an International Standard operator licence and if so, how?

Can a Standard National operator licence holder apply for an International Standard operator licence and if so, how? Standard National operator licences and International Standard operator licences Under the Goods Vehicles (Licensing of Operators) Act 1995, there are three types of goods vehicle operator's licence: • a standard international licence for national and international haulage operations carrying goods for hire or reward, or • a standard national licence for national haulage operations only, carrying goods for hire or reward, and • a restricted licence for the carriage of goods on the licence holder’s own account in connection with their business A standard licence is an operator's licence under which a goods vehicle may be used on a road for the carriage of goods for hire, reward or in connection with a business. A restricted licence permits the use of a goods vehicle on a road for the carriage of goods for or in connection with any trade or business carried on by the holder of the licence,...

If a contract between A, B and C, entered into prior to the Contracts (Rights of Third Parties) Act 1999, includes a covenant by A to B for the benefit of C which A subsequently breaches, can C enforce the breach?

If a contract between A, B and C, entered into prior to the Contracts (Rights of Third Parties) Act 1999, includes a covenant by A to B for the benefit of C which A subsequently breaches, can C enforce the breach? It will be assumed in this answer that there is no collateral contract, multiple (group) contract or agency agreement present. It is further assumed that the contract is either still in force, or the applicable limitation period has not expired. See Practice Note: Limitation—the principal limitation periods. The Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999) only applies to contracts entered into on or after 11 May 2000 (or on or after 11 November 1999 if they expressly provide for the application of C(RTP)A 1999 (C(RTP)A 1999, s 10), meaning that in respect of contracts concluded prior to such date(s) (as applicable) (and assuming no subsequent variations to the contrary agreed between the parties) the terms of the C(RTP)A 1999 cannot be relied upon...

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Commercial weekly highlights—23 January 2025

This week's edition of Commercial weekly highlights includes: commentary on the two new guidance documents published by the Office of Trade Sanctions Implementation which provides support to UK exporters when tailoring their due diligence and prohibiting re-export of their products to Russia, analysis of the newly launched Fair Payment Code which aims to tackle late payment of invoices for smaller businesses, and news that the Department for Business and Trade has published a summary of responses and a policy paper following its consultation on a new approach to fire safety regulations for domestic upholstered furniture.

Commercial weekly highlights—9 January 2025

This week's edition of Commercial weekly highlights includes: analysis of the rise of product duplicates, also known as dupes, which sets out practical advice for navigating the related IP issues, commentary on the decision in THJ Systems v Sheridan which considers whether there was a failure to comply with the advertising obligations set out in a software licence agreement, and news that the Competition and Markets Authority has published four memoranda of understanding to formalise regulatory coordination with key UK authorities under the Digital Markets Competition Regime.