The costs of contractual certainty: RTI v MUR shipping

In RTI Ltd v MUR Shipping BV the UK Supreme Court resolved a knife‐edge issue of contract interpretation that divided judges and arbitrators. The Court's decision, which concerns the effect of a force majeure clause, showcases a traditional English approach to the interpretation of mercantile contracts. The case repays close attention for several reasons; in its lack of attention to the parties’ particular purposes, its reliance on canons of construction, and its heavy stress on commercial certainty to the exclusion of other values, the Supreme Court's judgment sits uneasily with modern pronouncements on interpretation. The decision is also in tension with a line of authority disapproving of constructions that facilitate opportunism.

Publication Details

Journal
London School of Economics and Political Science Research Online (London School of Economics and Political Science)
Published
2024-10-10
Primary Topic
Magnetic confinement fusion research
Type
article
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article

The costs of contractual certainty: RTI v MUR shipping

London School of Economics and Political Science Research Online (London School of Economics and Political Science)
Magnetic confinement fusion research
article

The costs of contractual certainty: RTI v MUR shipping

article en

Abstract

In RTI Ltd v MUR Shipping BV the UK Supreme Court resolved a knife‐edge issue of contract interpretation that divided judges and arbitrators. The Court's decision, which concerns the effect of a force majeure clause, showcases a traditional English approach to the interpretation of mercantile contracts. The case repays close attention for several reasons; in its lack of attention to the parties’ particular purposes, its reliance on canons of construction, and its heavy stress on commercial certainty to the exclusion of other values, the Supreme Court's judgment sits uneasily with modern pronouncements on interpretation. The decision is also in tension with a line of authority disapproving of constructions that facilitate opportunism.

London School of Economics and Political Science Research Online (London School of Economics and Political Science)
Reduced inequalities
Openalex Percentile: Top 56%
Magnetic confinement fusion research
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The costs of contractual certainty: RTI v MUR shipping · London School of Economics and Political Science Research Online (London School of Economics and Political Science) (2024) | TGRS Research Map | TGRS