Fortior Law

We are pleased to announce that Galyna Carey will be speaking at the #KazakhstanLegalForum, taking place on 24-25 September 2026 in Almaty. On 25 September, Galyna will join the panel “International Commercial Arbitration”, where she will give a presentation on “Contempt for Breach of Anti-Suit Injunctions in Support of Arbitration: Practical and Strategic Issues”. Her presentation will explore the practical and strategic implications of contempt proceedings where anti-suit injunctions granted in support of arbitration are breached, including the considerations that may arise for parties involved in cross-border disputes. We look forward to joining fellow practitioners and arbitration specialists in Almaty for discussion and exchange.

Commercial shipping through the Strait of Hormuz has dropped to single digits, just seven vessels on 9 September 2026, as overlapping US and Iranian military operations and competing sanctions regimes effectively shut down the world's most critical energy chokepoint. We break down the legal issues this raises for the shipping and commodities sectors: the safe port obligation and whether Gulf ports remain nominable under charterparties, the operation of war risks clauses entitling owners to refuse transit, the threshold for frustration where the commercial object of a charter is defeated by armed conflict, and the extraordinary compliance challenge created by simultaneous US and Iranian sanctions targeting the same waterway. Read our full analysis here: https://lnkd.in/d45MrbWk #InternationalShipping #WarRisks #SanctionsCompliance #MaritimeLaw #CommodityTrade #FortiorLaw

We’re proud to support #AgroFoodSummit 2026 as Legal Sponsor and look forward to meeting and connecting with everyone. As part of the programme, Rusudan Gergauli and Dmitry Zagorodnyuk will also lead a legal seminar. We look forward to seeing you there!

Proud to support Geneva New Fuels 2026. Looking forward to being part of the conversation in Geneva!

Norway has just seized a Russian state-owned vessel in the Arctic to enforce a US$4.22 billion arbitral award won by Ukraine’s Naftogaz over the expropriation of its energy assets in Crimea. We break down the legal issues - including the enforcement framework, the sovereign immunity hurdle, and how award creditors can nonetheless enforce against commercial assets used by states. Read the full article here: https://lnkd.in/dPwmSk8b #InternationalArbitration #AssetRecovery #SovereignImmunity #InvestmentArbitration #FortiorLaw

Recent attacks on vessels, ports and export infrastructure have increased the risks affecting commercial shipping and commodity trade across the Black Sea. However, under English law, an attack or disruption does not automatically amount to force majeure. In this article, we consider the key issues that may determine whether a party can rely on force majeure in these circumstances, including: • the wording and geographical scope of the relevant clause; • the distinction between an ongoing war and a specific triggering event; • whether alternative ports or means of performance remain available; • causation and the evidence required to establish that performance was prevented; and • the distinction between force majeure and prohibition clauses under GAFTA and FOSFA contracts. Read the full article here: https://lnkd.in/eRk2D8j9

⚓What happens when, due to the ongoing war, a vessel cannot enter a Black Sea port, cargo is delayed, a contract is at risk of non-performance, and both parties need to act immediately? ⚖️Only #AgroFoodSummit participants will have a unique opportunity to learn directly from the experience and expertise of Swiss lawyers and explore practical legal solutions to these urgent challenges currently facing grain trade and shipping in the Black Sea region. These practical issues will be addressed in a dedicated seminar by Fortior Law, the Summit's legal sponsor: 🔥“From foreseeable war to force majeure: remedies in grain trade disputes.” The seminar will consist of two sections: 1. From Foreseeable War to Force Majeure We will examine the actual escalation of the conflict, as well as English law, including the distinction between a background war and new events. Through practical cases, we will look at when the performance of a contract may become impossible and how businesses should act in such circumstances. 2. Emergency Remedies in Grain Trade Disputes: Vessel Arrests, Liens and Security This section will focus on vessel arrest, urgent interim measures, and their interaction with arbitration. Participants will look at practical ways to protect their interests in cross-border disputes involving grain trading and shipping. The new grain season is reshaping routes, markets, competitors—and the way businesses manage risk. When risks evolve every day, it is essential to know the tools available to protect your business. 👉 Join AgroFood Summit 2026 — explore real-world cases with international experts and be ready to act: https://lnkd.in/dYtEiD_C

Chapter 7 of our Arbitration Guide is now available: Common Requests for Procedural and Other Rulings (Applications) Procedural issues are an inevitable part of arbitration. Where the parties cannot reach agreement, they will often need to ask the tribunal, or, before its constitution, the relevant institution, appointing authority or court, to make a ruling. In Chapter 7 we provide a practical overview of the most common applications that arise throughout arbitral proceedings, including: • emergency arbitrator and expedited procedure applications; • jurisdictional objections and bifurcation; • extensions of time; • applications for partial awards; • security for costs; and • document production and interim or conservatory measures. The chapter also considers the practical factors tribunals typically take into account when deciding these applications and how parties can approach them effectively. 🔗 Read Chapter 7 here: https://lnkd.in/dpfM7Fqi

We look forward to seeing clients and colleagues at our seminar in Mersin on 24-25 September 2026 on how force majeure operates in the context of long-lasting wars. Dmitry Zagorodnyuk and Rusudan Gergauli will discuss our recent cases in this area and will be happy to answer any questions. We are proud to sponsor this event. Many thanks to Ukraine Pulse and Soybean Association for organising.

Fortior Law's Shipping Guide series continues with Chapter 7 - How a Charterparty Is Formed: Offers, Counteroffers, Subjects and Recaps Charterparties do not need to take any particular form and are routinely concluded by an exchange of emails. The critical question is not how the deal is recorded, but at what point in the negotiations a binding contract comes into existence, especially when the freight market moves sharply between the recap and the signing of a formal charter. This chapter explains: • how offer and acceptance work in rapid broker-to-broker negotiations; • why a counteroffer extinguishes the original offer entirely; • the legal effects of "subject to details", "subject to stem" and "subject to board approval"; and • when conduct can create a binding contract even where subjects remain outstanding. Read the full chapter here: https://lnkd.in/dn7kVKj3