Arbitration – Cooperation Agreement containing tiered dispute resolution clause – Supplemental Agreements involving third party – Disputes arising under Supplemental Agreements – Whether agreements to be construed as composite – Whether arbitration clause incorporated into Supplemental Agreements – Whether mediation provisions a condition precedent to arbitration – Whether mediation provisions had been followed.
Carriage by air (passengers) â Delay â European Parliament and Council Regulation (EC) No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights â Whether compensation payable in respect of delay â Whether compensation provisions incompatible with article 29 of Montreal Convention â Whether principles of legal certainty and proportionality infringed.
Tort – Conversion – Bailment – Goods detained by defendant at discharge port – Plaintiffs suing defendant in conversion – Whether plaintiffs had title to sue – Whether defendant innocent agent acting in good faith – Whether defendant entitled to exercise possessory lien – Whether plaintiffs'claims tainted with illegality – Whether plaintiffs entitled to order for delivery up.
Charterparty (Time) – Off-hire – Whether vessel off-hire during period of drifting – Whether sufficient for charterers to establish net loss of time as regards service immediately required or whether necessary to establish that time was lost to the chartered service – New York Produce Exchange 1946 form, clause 15.
Insurance (marine) – Conflict of laws – Settlement contract governed by English law and jurisdiction – Later proceedings in Greece – Whether English proceedings to be stayed – Judgments Convention, Council Regulation (EC) No 44/2001, articles 27 and 28.
Arbitration – Jurisdiction – Express choice of Indian law to govern substantive agreement – Express choice of England as the seat – Determination of the law applicable to the arbitration agreement – Express or implied choice – Closest connection – Arbitration Act 1996, sections 30, 67 and 73.
Arbitration – Jurisdiction – Contract of supply – Conflicting arbitration clauses in separate documents – Law applicable to determining which document was contractual – Effect of slip rule – Reservation of rights on jurisdiction – Estoppel – Arbitration Act 1996, sections 57, 67, 70(2), 72, 73 and 82(1).
Practice – Security for costs – Charterers obtaining favourable arbitration award and award of costs against shipowners – Shipowners challenging award for serious irregularity – Whether charterers entitled to security in respect of costs award – Whether costs payable “under the award” notwithstanding that no assessment had yet taken place – Whether charterers entitled to security for costs in respect of owners' challenge – Whether owners entitled to rely on equitable cross-claim – Arbitration Act 1996, sections 68, 70(6) and 70(7) – CPR 25.13(2)(g).
Contract – Shipbuilding contract – Sellers procuring refund guarantee in respect of repayment of instalments of purchase price – Guarantee expiring on 30 June 2010 – Parties agreeing to delayed delivery date in October 2011 – Sellers undertaking to extend validity of guarantee – Whether implied term that sellers should procure extension within reasonable time – Whether implied term innominate term – Whether sellers in repudiatory breach in failing to procure extension within reasonable time – Whether buyers validly terminated contract for accepted repudiation.
Arbitration – Anti-suit injunction – Proceedings brought in India – Whether the claims in India fell within the arbitration clause – Whether there were good reasons to refuse injunctive relief – Arbitration Act 1996, sections 2 and 44 – Senior Courts Act 1981, section 37.
Practice – Worldwide freezing injunctions and disclosure orders granted in support of foreign substantive proceedings – Whether orders should be continued – Civil Jurisdiction and Judgments Act 1982, section 25.
Carriage by air (passengers) – Limitation period – Regulation (EC) No 261/2004 conferring rights of compensation to passengers in the event of cancellation of flight – Whether time limits for bringing actions for compensation under Regulation determined by article 35 of Montreal Convention or in accordance with each member state's rules for limitation of actions.
Conflict of laws – Arbitration – Joinder of defendants – Whether arbitration clause valid – Whether arbitration clause unenforceable – Whether other defendants should be joined – Arbitration Act 1996, sections 9(1) and 9(4) – Brussels Regulation (EC) No 44/2001, articles 6 and 23 – CPR 62.8(3) – CPR Practice Direction 6B, para 3.1(3)
Sale of goods (fob) – Sale of gasoil – Sediment levels found to exceed specification at discharge port – Whether gasoil unstable – Whether seller in breach of statutorily implied term of satisfactory quality – Quantum of damages – Sale of Goods Act 1979, sections 14(2), 53(2) and 53(3).
Sale of goods (cfr) – Demurrage – Whether laytime suspended when carrying vessel forced to leave berth during discharge – Whether sellers entitled to damages for loss of earnings for buyers' delay in paying demurrage – Whether sellers liable for short delivery.
Contract – Port operator agreeing with shipowners to discharge damaged containers – No specific agreement as to level of charges to be imposed – Whether port operator's charges fell within scope of P&I Club letter of indemnity – Whether port operator entitled to charge uplifted rates – Whether charges challengeable only on basis of Wednesbury unreasonableness – Whether detailed vouching of expenditure necessary.
Carriage of goods by sea – Bills of lading – Cargo of steel pipes found to be rust-damaged on arrival – Whether bills of lading containing fraudulent representations as to order and condition of cargo on shipment – “Retla” clause – Whether German procedural agent acting for insurers of cargo owner had title to sue – Whether claimant entitled to damages for fraudulent misrepresentation.
International carriage by air – Liability for loss of baggage – Passenger placing items in baggage checked in by another passenger on same flight – Baggage lost during flight – Whether first passenger entitled to compensation for lost items notwithstanding he had not obtained a baggage identification tag – Whether compensation limit of 1,000 SDR applicable to each piece of checked baggage or to each individual passenger – Montreal Convention 1999, articles 3(3), 17(2) and 22(2).
Aviation law – Air transport – Notion of “extraordinary circumstances” – Obligation to provide assistance to passengers in the event of cancellation of a flight due to “extraordinary circumstances” – Volcanic eruption leading to the closure of air space – Eruption of the Icelandic volcano Eyjafjallajökull – European Parliament and Council Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Council Regulation (EEC) No 295/91 (repealed).
Judicial cooperation in civil matters – Jurisdiction clause in a contract concluded between the manufacturer and the initial buyer of goods – Contract forming part of a chain of contracts transferring ownership – Whether that clause may be relied on against the sub-buyer of the goods – Consent of sub-buyer required for jurisdiction clause in contract concluded between manufacturer and buyer of goods – Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, article 23.
Charterparty (Time) – Off-hire – Vessel detained by court order at discharge port – Order procured by C&F seller to secure demurrage claim against cargo receivers – Whether sellers and/or receivers “agents” of charterers – Whether vessel off-hire.
Hire-purchase agreement – Nemo dat quod non habet – Truck rented by claimant to third party – Third party owing monies to defendant – Defendant by novation of agreement with third party first renting – Hire Purchase Act 1964, sections 27 and 29 – Sale of Goods Act 1979.
Conflict of laws – Service out of the jurisdiction – Forum non conveniens – English subsidiary of Russian bank bringing claims in tort in deceit and conspiracy – Whether England appropriate forum – Applicable law of the tort – Private International Law (Miscellaneous Provisions) Act 1995, sections 11 and 12. – Company law – Piercing corporate veil – Whether controller of company to be regarded as party to company's contract.
Distribution agreement – Whether products were shipped “promptly” after orders – Requirement to supply by specified dates – Effect of stated intention to appoint another distributor – Implied duty of supplier to act in good faith – Misrepresentation – Measure of damages – Misrepresentation Act 1967, section 2.
Charterparty (Time) – Frustration – Vessel damaged in course of time-chartered service – Cost of repairs exceeding sound market value of vessel – Owners warranting that vessel would be insured throughout currency of charter – Insured value exceeding cost of repairs – Whether charter frustrated.
Arbitration – Effect of arbitration clause upon third party – Contract between A and B conferring immunity from suit on C in proceedings by B – Whether C entitled to stay of judicial proceedings brought by B – Arbitration Act 1996, section 9 – Contracts (Rights of Third Parties) Act 1999, sections 1 and 8.
Sale of goods (fob) – Contract for sale of milling wheat fob Novorossiysk – Russian Government issuing export ban – Whether sellers entitled to cancel contract – Whether cancellation constituted wrongful repudiation of contract – GAFTA Prohibition Clause – Whether sellers entitled to nominal damages only – GAFTA Default Clause – GAFTA 49.
Arbitration – Additional award – Whether tribunal had power to make additional award in respect of accrued interest on refund guarantee – Whether claim for accrued interest “presented to” tribunal – Whether claim “dealt with” in original award – Arbitration Act 1996, section 57(3)(b).
Arbitration – Appeal on point of law – Sale of goods – Whether contract of sale to be read alone or construed in conjunction with earlier settlement agreement – Whether contract of sale binding – Whether award should be remitted to the arbitrators – Arbitration Act 1996, section 69.
Sale of goods (cif) – Contract for sale of groundnut oil of Senegal origin – Senegal Government issuing export ban – Sellers notifying buyers of export ban and also purporting to terminate contract – FOSFA Prohibition Clause – Whether buyers entitled to nominal damages only – FOSFA Default Clause – FOSFA 201.
Aviation – Aircraft lease – Certificate of Acceptance of aircraft – Whether signed certificate conclusive proof of the condition of aircraft – Whether certificate giving rise to an estoppel in respect of the condition of the aircraft – Contractual estoppel – Equitable estoppels.
Practice – Disclosure – Documentation produced in confidential arbitration – Whether claimants entitled to rely on documentation in support of proposed Commercial Court claim for unlawful conspiracy – Whether confidentiality waived – Whether disclosure necessary in interests of justice.
 1 Lloyd's Rep. 670
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