Monthly Archives: June 2016

REUTERS | Nir Elias
June 1, 2016

The Chinese “Belt and Road” initiative

In the run up to 23 June 2016, there is a danger that the UK is so caught up in the throes of Brexit that it ignores news of exciting opportunities further afield. One such opportunity is the Chinese “Belt and Road” initiative (also known as One Belt One Road or OBOR).

This initiative, which is central to China’s economic plan, has been causing a stir in the world of global infrastructure, as it presents significant opportunities for funders, international consultants and professional service providers. This post takes a look at this exciting initiative in more detail. Continue reading →

REUTERS | Beawiharta
June 1, 2016

You have a retention of title clause but will you be paid?

I am returning to the topic of retention of title clauses (which I last discussed in 2013) because in PST Energy 7 Shipping LLC v OW Bunker Malta Ltd, the Supreme Court considered a difficult point on the interplay of these clauses and a seller’s remedies when it has not been paid but there has been a sub-sale.

Retention of title clauses

To recap, retention of title clauses are commonly inserted in contracts for the supply of construction materials. Typically, a supplier will sell goods to a contractor subject to such a clause. The contractor will be permitted to resell them to the employer and they will usually become the employer’s property once “built in” to the works.

However, if the retention of title clause is effective as between the supplier and contractor and the contract price is unpaid, then the supplier may seek to proceed under the contract for the price applicable. Continue reading →

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