Legal Guidance and Research / Experts / Paul Toms
Paul Toms#4571
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Paul Toms

Quadrant Chambers
Paul is an experienced barrister specialising in commercial and international trade disputes.

Practice Area

Panels

  • Case Analysis Panel
  • Contributing Author

Qualified Year

  • 2003

Membership

  • COMBAR
  • LCLCBA
  • Supporting Member of LMAA
  • YIAG
  • ICC YAF

Education

  • BA (1st Class), BCL (Distinction) (Oxon) Eldon Scholar (Oxford University) (2003)
  • Bedingfield Scholar (Gray's Inn) (2002)
  • Joint Winner of Allen & Overy Prize for Corporate Insolvency (BCL, Oxford University) (2002)
  • Joint Winner of Gibbs Prize (Oxford University) (1999)

2 Contributions by Paul Toms

Commodities sales and carriage: CIF/FOB contracts, common disputes on quality, documents, timing, force majeure and sanctions, charterparty links, and trade arbitration bodies
PRACTICE NOTES
Commodities sales and carriage: CIF/FOB contracts, common disputes on quality, documents, timing, force majeure and sanctions, charterparty links, and trade arbitration bodies
An introduction to contracts for the sale and purchase of commodities Contracts for the sale and purchase of commodities sit at the centre of international trade. A single deal for a particular commodity will typically involve several additional contracts or commercial arrangements, including but not limited to: a contract for the transport of the commodity by sea and, possibly, by road and/or rail a contract of insurance the execution of a bill or exchange, or the opening of a letter of credit or other documentary credit Many, though not all, disputes stemming from contracts for the sale of commodities and related agreements are resolved by arbitration. As outlined below, numerous bodies that create standard form contracts or deliver services for specific trade sectors also offer arbitration facilities. For further details on commodities arbitration, see Practice Note: Commodities arbitration—trade associations and arbitration rules. The focus of this Practice Note is on contracts for the sale of commodities and on contracts for the carriage of commodities by sea. It considers: the division of commodities into ‘hard’ and ‘soft’ types of contracts typically used...
Arbitration
Marine Cargo Insurance under the Marine Insurance Act 1906: Coverage, Institute Cargo Clauses, policy forms (MRC, floating/open), duration, total loss, general average, insurable interest and assignment
PRACTICE NOTES
Marine Cargo Insurance under the Marine Insurance Act 1906: Coverage, Institute Cargo Clauses, policy forms (MRC, floating/open), duration, total loss, general average, insurable interest and assignment
What is marine cargo insurance? To determine whether cargo cover amounts to marine insurance, one must look to the Marine Insurance Act 1906. Under MIA 1906, s 1, a marine insurance contract is one in which the insurer promises, on the agreed terms and within the agreed limits, to indemnify the assured for marine losses, meaning losses arising out of a marine adventure. MIA 1906, s 3 describes maritime perils as risks caused by, or linked to, the navigation of the sea. These encompass perils of the seas, fire, war perils, pirates, rovers, thieves, capture, seizure, restraint and detention by princes and peoples, jettison, barratry, and any other hazards of a similar character or identified by the policy. Accordingly, whether a policy is marine insurance turns on whether the insured risks are those consequent on, or incidental to, going to sea...
Insurance & Reinsurance
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