Saturday, April 1, 2017

Felix Chan Comments on PST Energy 7 Shipping LLC v OW Bunker Malta LImited [2016] UKSC 23 (Int'l Comp Comm L Rev)

"Rights to consume bunkers before payment: neither as a bailee nor as an owner"
Felix WH Chan
International Company and Commercial Law Review
2017, Vol. 28, Issue 3, pp 104-106
Abstract: In PST Energy 7 Shipping LLC and another v O W Bunker Malta Limited and another [2016] UKSC 23, the Supreme Court was called upon to determine whether the contract for the supply of bunkers was a contract of sale of goods between the bunker supplier and the shipowners under s. 2 of the Sale of Goods Act. Despite all the hallmarks of being a contract of sale of goods, the Supreme Court concluded that the agreement was not a contract of sale of goods. The implications behind the reasoning of the “nanosecond” argument are examined.  Contact the author for a copy of the comment.

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