i-law.com

NEREIDE S.P.A. DI NAVIGAZIONE v. BULK OIL INTERNATIONAL LTD. (THE "LAURA PRIMA")

Charter-party (Voyage) - Demurrage - Notice of readiness - Delay in vessel getting into berth - Whether laytime commenced 6 hours after notice given - Whether owners entitled to damages for detention - Exxonvoy 1969.

[1982] 1 Lloyd's Rep. 1

ACTIS CO. LTD. v. THE SANKO STEAMSHIP CO. LTD. (THE "AQUACHARM")

Charter-party (Time) - Hire - Vessel exceeded permitted draught - Canal company refused to allow vessel through Panama Canal - Part of cargo had to be transhipped - Whether vessel off hire - Whether owners could recover transhipment costs - Whether owners entitled to hire for period of delay - The Hague Rules, art. IV (2) (a).

[1982] 1 Lloyd's Rep. 7

SARMA NAVIGATION S.A. v. SIDERMAR S.p.A. (THE "SEA PIONEER")

Charter-party (Voyage) - Demurrage - Construction of charters - Two charters between same parties - Demurrage incurred at discharging port - Whether charters to be read separately or together - Calculation of demurrage - Gencon form.

[1982] 1 Lloyd's Rep. 13

PEARL MARIN SHIPPING A/B v. PIETRO CINGOLANI S.A.S. (THE "GENERAL VALDES")

Arbitration - Award - Remission - Reasons for award - Whether umpire erred in law - Whether reasons for award formed part of award - Whether award contained error of law on its face - Whether award should be remitted.

[1982] 1 Lloyd's Rep. 17

CLERCO COMPANIA NAVIERA S.A. v. THE FOOD CORPORATION OF INDIA (THE "SAVVAS")

Charter-party (Voyage) - Laytime - Calculation - Whether laytime commenced before vessel lightened - Whether laytime calculated on basis of full cargo before lightening.

[1982] 1 Lloyd's Rep. 22

AMALGAMATED INVESTMENT AND PROPERTY COMPANY LTD. (in liquidation) v. TEXAS COMMERCE INTERNATIONAL BANK LTD.

Banking - Guarantee - Estoppel - Loan made by bank subsidiary to subsidiary of plaintiffs - Guarantee not altered - Loan not repaid - Whether bank could rely on guarantee - Whether guarantee only covered sums owed by plaintiffs to bank - Whether plaintiffs estopped from contending that guarantee did not cover subsidiary's liability.

[1982] 1 Lloyd's Rep. 27

THE "ILO"

Salvage - Remuneration - Vessel took the ground in River Thames - Plaintiffs rendered salvage services - Amount of salvage award plaintiffs entitled to.

[1982] 1 Lloyd's Rep. 39

A/S BROVIGTANK AND I/S BROVIG v. TRANSCREDIT AND OIL TRADEANSTALT (THE "GUNDA BROVIG")

Charter-party (Voyage) - Freight - Charterers to pay all taxes on cargo - Owners required to pay income tax on profit of 7.5 per cent. of total export freight earnings - Whether payment within cl. 12 - Whether owners could claim reimbursement from charterers.

[1982] 1 Lloyd's Rep. 43

MEDIOLANUM SHIPPING CO. v. JAPAN LINES LTD. (THE "MEDIOLANUM")

Charter-party (Time) - Safe port - Vessel ordered to bunkering place within port - Vessel took ground - Whether owners could recover costs of repair and hire from charterers - Whether port a safe port - Whether refinery had authority to decide where vessel should bunker.

[1982] 1 Lloyd's Rep. 47

MARREALEZA COMPANIA NAVIERA S.A. v. TRADAX EXPORT S.A. (THE "NICHOS A")

Arbitration - Award - Leave to appeal - Claim for demurrage - Strike caused delay in provision of cargo for loading - Arbitrator found in favour of charterer - Whether application for leave to appeal should be granted - Arbitration Act, 1979, s. 1.

[1982] 1 Lloyd's Rep. 52

RETLA STEAMSHIP CO. v. GRYPHON SHIPPING CO. S.A. AND OCEAN CARRIERS (PTY) LTD. v. ANANGEL WELFARE COMPANIA NAVIERA S.A. (THE "EVIMERIA")

Arbitration - Award - Leave to appeal - Arbitrator disallowed charterers' claim - Whether application for leave to appeal should be granted - Arbitration Act, 1979.

[1982] 1 Lloyd's Rep. 55

PORTUNUS NAVIGATION CO. INC. v. AVIN CHARTERING S.A. (THE "WORLD PRESTIGE")

Arbitration - Award - Leave to appeal - Whether points of law substantially affected rights of parties - Whether leave to appeal should be given.

[1982] 1 Lloyd's Rep. 60

B.V.S. AND THE KHUZESTAN WATER AND POWER AUTHORITY v. KERMAN SHIPPING CO. (Previously called KALAMA SHIPPING CO. S.A.) (THE "KERMAN")

Arbitration - Award - Leave to appeal - Insurance of deck cargo - Arbitrator held that owners not obliged to insure deck cargo - Whether arbitrator had erred in law - Whether leave to appeal against award should be granted - Arbitration Act, 1979.

[1982] 1 Lloyd's Rep. 62

LEIF HOEGH AND CO. A/S. v. MARITIME MINERAL CARRIERS LTD. (THE "MARQUES DE BOLARQUE")

Arbitration - Award - Costs - Arbitrator made award as to costs - Whether award justified - Whether award should be remitted for further consideration.

[1982] 1 Lloyd's Rep. 68

FREEDOM GENERAL SHIPPING S.A. v. TOKAI SHIPPING CO. LTD. (THE "KHIAN ZEPHYR")

Arbitration - Limitation of time - Application for extension of time - Owners settled cargo claims - Claimed contribution and or indemnity from charterers - Whether owners' claims time barred under art. III, r. 6 of The Hague Rules - Whether application for extension of time should be granted.

[1982] 1 Lloyd's Rep. 73

SALENREDERIERNA S.A. v. BLUE STAR LINE LTD. (THE "NEW YORK STAR")

Arbitration - Limitation of time - Damage to cargo - No arbitrator appointed within time limit - Whether application for extension of time should be granted - Whether defendants would be prejudiced if extension granted - Arbitration Act, 1950, s. 27.

[1982] 1 Lloyd's Rep. 78

GENERAL REINSURANCE CORPORATION AND OTHERS v. FORSAKRINGSAKTIEBOLAGET FENNIA PATRIA

Reinsurance - Slip policy - Two reinsurance contracts - "Whole account cover" - "Specific cover" - Cover increased in respect of "whole account cover" - Amendment slip in respect of specific cover initialled only by plaintiff reinsurers- Defendants wished to cancel amendment slip - Whether entitled to do so - Whether property in insured goods had passed to customers so that no longer covered by "specific cover" - Custom and practice of London insurance market.

[1982] 1 Lloyd's Rep. 87

GILL & DUFFUS S.A. v. BERGER & CO. INC.

Sale of goods (c.i.f.) - Non-acceptance - Buyers rejected goods tendered - Goods did not comply with contractual description - Whether certificate of quality and inspection conclusive - Whether certificate final only as to quality - Whether buyers entitled to reject goods.

[1982] 1 Lloyd's Rep. 101

BREMER HANDELSGESELLSCHAFT m.b.H. v. BUNGE CORPORATION

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Whether sellers could rely on prohibition and or force majeure - Whether buyers had waived their rights to, or were estopped from, receiving June instalments - GAFTA 100.

[1982] 1 Lloyd's Rep. 108

PRACTICE DIRECTION

Draft statement on revised practice

[1982] 1 Lloyd's Rep. 115

CHINA PACIFIC S.A. v. THE FOOD CORPORATION OF INDIA (THE "WINSON")

Salvage - Bailment - Remuneration - Vessel stranded - Voyage abandoned - Salvage services rendered to cargo - Whether relationship between charterers and salvors that of bailor-bailee - Whether salvors entitled to remuneration - Lloyd's Open Form of Salvage agreement.

[1982] 1 Lloyd's Rep. 117

INTERNATIONAL SEA TANKERS INC. v. HEMISPHERE SHIPPING CO. LTD. (THE "WENJIANG")

Arbitration - Award - Application for leave to appeal - Vessel detained in the area of the Shatt - Whether charter-party frustrated - Whether off-hire clause applicable - Whether charterers liable for additional war risk premiums - Whether leave to appeal should be granted on these issues- Arbitration Act, 1979, s. 1.

[1982] 1 Lloyd's Rep. 128

SOYA G.m.b.H. KOMMANDITGESELLSCHAFT v. WHITE

Insurance (Marine) - Non-disclosure - Damage to cargo - Inherent vice - Cargo of soya beans insured against heat, sweat and spontaneous combustion - Cargo arrived in heated and deteriorated condition - Whether underwriters advised that earlier cargo arrived in damaged condition - Whether cause of damage inherent vice - Whether underwriters liable - Marine Insurance Act, 1906, ss. 18, 55 (2) (c).

[1982] 1 Lloyd's Rep. 136

THE "BLUE WAVE"

Bill of lading - Damage to cargo - Jurisdiction clause - Limitation of time - Whether defendants' principal place of business in Greece - Whether indorsee of bill of lading had same rights as original shipper - Whether fact that action time barred in Greece to be taken into account - Whether application for a stay should be granted.

[1982] 1 Lloyd's Rep. 151

MARSEILLE FRET S.A. v. D. OLTMANN SCHIFFAHRTS G.m.b.H. & CO. KG. (THE "TRADO")

Charter-party (Time) - Redelivery - Charterers granted option to extend charter - Whether charterers exercised that option - Whether vessel to be redelivered by Nov. 24 or by May 4.

[1982] 1 Lloyd's Rep. 157

P. KRUSE v. RALLI MACLAINE LTD. (FORMERLY RALLI MERRILL LYNCH INT. LTD.)

Arbitration - Award - Buyers alleged error of law on face of award - Whether buyers' construction of award should be accepted - Whether award should be set aside.

[1982] 1 Lloyd's Rep. 162

A & B v. C & D

Practice - Stay of action - Plaintiffs claimed damages for breach of contract - Plaintiffs commenced action against defendants - Plaintiffs commenced arbitration proceedings against defendants - Writ served out of jurisdiction - Whether plaintiffs' claim within R.S.C., O. 11 (1) - Whether plaintiffs had good arguable case - Whether application for stay should be granted - Arbitration Act, 1975, s. 1.

[1982] 1 Lloyd's Rep. 166

THE ATTORNEY-GENERAL OF NEW ZEALAND v. GEORGE ORTIZ, SOTHEBY PARKE BERNET & CO. AND LANCE ENTWISTLE

Conflict of law - New Zealand statutes - Ownership of artefact - Artefact removed from New Zealand - Whether forfeited to Her Majesty the Queen - Interpretation of New Zealand statute - Meaning of "shall be forfeited" - Whether statutes unenforceable in England as being foreign penal, revenue and/or public laws - Historic Articles Act, 1962 - Customs Act, 1913 and 1966.

[1982] 1 Lloyd's Rep. 173

MINT SECURITY LTD. v. BLAIR, THOS. R. MILLER & SON (HOME) LTD. AND E. C. DARWIN CLAYTON AND CO. LTD.

Insurance (Cash in transit) - Limitation of liability - Indemnity - Theft of cash from insured's customer's premises - Whether covered by policy - Whether insurers entitled to limit liability - Whether insured could claim damages from insurance brokers and Lloyd's brokers - Whether policy could be rectified.

[1982] 1 Lloyd's Rep. 188

MISEROCCHI AND C. S.p.A. v. AGRICULTORES FEDERADOS ARGENTINOS S.C.L. SAME v. BUNGE A.G. (THE "SOTIR" AND "ANGELIC GRACE")

Sale of goods (f.o.b.) - Delay - Claims for carrying charges and delay to vessels - Congestion at Argentine ports - Cargoes shipped after expiry of original shipment period - Whether buyers should bear loss arising from congestion and delay - Whether buyers could counterclaim for damages.

[1982] 1 Lloyd's Rep. 202

BREMER HANDELSGESELLSCHAFT m.b.H. v. RAIFFEISEN HAUPTGENOSSENSCHAFT E.G.

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Whether embargo prevented fulfilment - Whether sellers could rely on prohibition clause - Whether buyers had waived rights to insist on June goods - GAFTA 100.

[1982] 1 Lloyd's Rep. 210

BRINKIBON LTD. v. STAHAG STAHL UND STAHLWARENHANDELSGESELLSCHAFT m.b.H.

Conflict of laws - Sale of goods (c. & f.) - Repudiation - English buyers bought steel from Austrian sellers - Whether contract made in England - Sellers repudiated contract - Whether breach occurred in England or Austria - Whether leave to issue, and serve notice of, writ out of jurisdiction should be granted - R.S.C., O. 11, r. 1 (1) (f), (g).

[1982] 1 Lloyd's Rep. 217

THE "SPAN TERZA"

Admiralty practice - Action in rem - Arrest of vessel - Owners arrested vessel belonging to charterers - Whether action in rem could be invoked against vessel not being a sister ship - Administration of Justice Act, 1956, s. 1 (1) (h), s. 3 (4).

[1982] 1 Lloyd's Rep. 225

TROPWOOD A.G. OF ZUG v. JADE ENTERPRISES LTD. (THE "TROPWIND")

Charter-party (Time) - Hire - Withdrawal - Charterers deducted estimated costs of bunkers at redelivery - Owners purported to withdraw vessel - Whether charterers entitled to make deductions - Whether vessel validly withdrawn by owners - Whether owners entitled to payment for use of vessel by charterers after vessel withdrawn.

[1982] 1 Lloyd's Rep. 232

Z LTD. v. A-Z AND AA-LL

Practice - Mareva injunction - Position of innocent third parties - Company defrauded of £2 million - Mareva injunction obtained against any who might have innocently taken part in the fraud including inter alia the five clearing banks - Guidelines applicable.

[1982] 1 Lloyd's Rep. 240

GLAFKI SHIPPING CO. S.A. v. PINIOS SHIPPING CO. No. 1 (THE "MAIRA")

Arbitration - Special case - Security - Arbitrator agreed to state case on condition security be given for whole sum - Whether right to impose condition.

[1982] 1 Lloyd's Rep. 257

SUPERIOR OVERSEAS DEVELOPMENT CORPORATION AND PHILLIPS PETROLEUM (U.K.) CO. LTD. v. BRITISH GAS CORPORATION

Contract - Construction - Price review clause in contract for sale of gas - Meaning of "substantial economic hardship" - Whether adjustment of price should compensate sellers for all hardship or only substantial hardship.

[1982] 1 Lloyd's Rep. 262

YORKSHIRE ELECTRICITY BOARD v. ESTONIAN SHIPPING CO. (THE "VIRTSU")

Admiralty practice - Action in rem - Liability - Vessel's anchor fouled and broke plaintiffs' electricity cable - Exchange of correspondence - Terms of settlement agreed - Whether plaintiffs offered to accept 95 per cent of their claim as proved or agreed and to forgo any interest thereon.

[1982] 1 Lloyd's Rep. 272

GERANI COMPANIA NAVIERA S.A. v. GENERAL ORGANISATION FOR SUPPLY GOODS (THE "DEMOSTHENES V") (NO. 1)

Charter-party (Voyage) - Demurrage - Notice of readiness rejected for lack of vacuators - Whether owners under obligation to supply vacuators - Whether notice of readiness valid - Whether owners entitled to demurrage for delay in discharge.

[1982] 1 Lloyd's Rep. 275

GERANI COMPANIA NAVIERA S.A. v. ALFRED C. TOEPFER (THE "DEMOSTHENES V") (NO. 2)

Charter-party (Voyage) - Demurrage - Liability - Owners entitled to demurrage at discharging port - Whether charterers liable for such demurrage.

[1982] 1 Lloyd's Rep. 282

ASTRO VALIENTE COMPANIA NAVIERA S.A. v. THE GOVERNMENT OF PAKISTAN MINISTRY OF FOOD AND AGRICULTURE (THE "EMMANUEL COLOCOTRONIS") (NO. 2)

Charter-party (Voyage) - Arbitration clause - Bill of lading - Demurrage incurred at discharging port - Whether arbitration clause incorporated in bill of lading by reference to charter-party - Whether receivers obliged to arbitrate.

[1982] 1 Lloyd's Rep. 286

HAYN ROMAN & CO. S.A. v. COMINTER (U.K.) LTD.

Arbitration - Award - Reasons for award - Buyers mistakenly thought Committee would publish reasoned award - Award issued without reasons - Whether application that Committee should state reasons for award should be granted - Arbitration Act, 1979, s. 1 (5), (6).

[1982] 1 Lloyd's Rep. 295

ASTRO VALIENTE COMPANIA NAVIERA S.A. v. THE GOVERNMENT OF PAKISTAN MINISTRY OF FOOD AND AGRICULTURE (THE "EMMANUEL COLOCOTRONIS") (NO. 1)

Arbitration - Award - Leave to appeal - Owners claimed demurrage from receivers - Whether arbitration clause in charter incorporated in bill of lading - Whether receivers bound to arbitrate - Arbitrators found in favour of owners - Whether leave to appeal against award should be granted.

[1982] 1 Lloyd's Rep. 297

MCCARREN & CO. LTD. v. HUMBER INTERNATIONAL TRANSPORT LTD. AND TRUCKLINE FERRIES (POOLE) LTD. (THE "VECHSCROON")

Carriage by sea - Limitation of time - Limitation of liability - Damage to goods - Owners' claim settled by defendants - Whether defendants could recover from shipowners - Whether claim time barred - Whether shipowners entitled to limit liability - Whether Hague Rules or Hague-Visby Rules applied.

[1982] 1 Lloyd's Rep. 301

BUNGE S.A. v. COMPAGNIE EUROPEENE DE CEREALES

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Whether buyers waived right to contend force majeure clause not applicable - Measure of damages.

[1982] 1 Lloyd's Rep. 306

THE "BAMBURI"

Arbitration - Award - War-risk insurance - Vessel detained in Shatt-al-Arab - Whether vessel a constructive total loss by peril insured against - Construction of insurance policy.

[1982] 1 Lloyd's Rep. 312

THE "MORVIKEN"

Admiralty practice - Stay of action - Exclusive jurisdiction clause - Damage to cargo - Bill of lading provided all disputes to be brought before Court in Amsterdam - Whether clause valid - Whether dispute strongly connected with England - Whether Hague-Visby Rules applicable - Whether English action should be stayed - Carriage of Goods by Sea Act, 1971.

[1982] 1 Lloyd's Rep. 325

KODROS SHIPPING CORPORATION v. EMPRESA CUBANA DE FLETES (THE "EVIA" (NO. 2))

Charter-party (Time) - Frustration - Safe port - Vessel ordered to Basrah - Vessel trapped in Shatt-al-Arab area owing to hostilities between Iran and Iraq - Whether charter frustrated - Whether frustration self-induced - Whether charter excluded frustration.

[1982] 1 Lloyd's Rep. 334

GALAXIA MARITIME S.A. v. MINERALIMPORTEXPORT AND OCEAN BLUE COMPANIA NAVIERA S.A. as Interveners (THE "ELETHERIOS" AND "GRECIAN LEGEND")

Practice - Mareva injunction - Defendants cargo being carried in third party's vessel - Cargo included in injunction - Whether injunction interfered with third party's trading assets - Whether injunction should be lifted.

[1982] 1 Lloyd's Rep. 351

KENNETH COLLINS AND VALERIE COLLINS v. BRITISH AIRWAYS BOARD

Carriage by air - Limitation of liability - Loss of contents of baggage - Baggage check not filled in - Whether carriers entitled to limit liability - Whether baggage "registered" - Warsaw Convention - Carriage by Air Act, 1961, schedule 1, art. 4 (1) (2).

[1982] 1 Lloyd's Rep. 355

SHELL INTERNATIONAL PETROLEUM CO. LTD. v. CARYL ANTONY VAUGHAN GIBBS (THE "SALEM")

Insurance (Marine) - Perils of the sea - Takings at sea - Cargo of crude oil insured for voyage from Persian Gulf to Europe - Part of cargo discharged in South Africa - Vessel scuttled in Atlantic - Whether loss of cargo caused by barratry, perils of the sea or takings at sea - Whether loss total or partial - Whether cargo-owners could recover under policy.

[1982] 1 Lloyd's Rep. 369

TRADAX EXPORT S.A. v. COOK INDUSTRIES INC.

Sale of goods (c.i.f.) - Non-acceptance - Prohibition of export - Sellers failed to tender notices of appropriation in respect of June shipment - Whether sellers could rely on cll. 21 and/or 22 of GAFTA 100 - Whether buyers had waived right to object to June shipment - Whether sellers in default - GAFTA 100.

[1982] 1 Lloyd's Rep. 385

THE "TESABA"

Salvage - Jurisdiction - Arrest of vessel by salvors for breach of salvage agreement - Whether salvors' claim within Administration of Justice Act, 1956, s. 1 (1) (g), (h) and (j), s. 3 (4).

[1982] 1 Lloyd's Rep. 397

THE "MERDEKA"

Admiralty practice - Arrest of vessel - Contempt of Court - Master broke arrest and took vessel out of jurisdiction - Whether master should be committed to prison for contempt.

[1982] 1 Lloyd's Rep. 401

ITALMARE SHIPPING CO. v. OCEAN TANKER CO. INC. (THE "RIO SUN")

Charter-party (Time) - Hire - Non-payment - Anti-technicality clause - Withdrawal of vessel - Whether owners gave notice of withdrawal in accordance with clause - Whether charterers had waived compliance with clause - Whether charterers estopped from asserting that owners' notice insufficient.

[1982] 1 Lloyd's Rep. 404

A.B. BOFORS-UVA, C.A.V. LTD. AND GEORGE KUIKKA LTD. v. A.B. SKANDIA TRANSPORT, THE FELIXSTOWE DOCK AND RAIL CO. AND CROXSON EUROPEAN TRANSPORT LTD.

Carriage by road - C.M.R. - Stay of action - Jurisdiction - Whether dispute should be arbitrated in Sweden - Whether arbitration clause satisfied C.M.R. Convention - Whether action could be brought even if valid arbitration clause - Whether defendants entitled to stay of action - Arbitration Act, 1975, s. 1 - C.M.R. arts. 33 and 41.

[1982] 1 Lloyd's Rep. 410

EUROPEAN GRAIN & SHIPPING LTD. v. R. JOHNSTON

Arbitration - Award - Application to set aside part of award - Whether award severable - Whether award signed by all three arbitrators - Whether sellers had waived defects in award.

[1982] 1 Lloyd's Rep. 414

S. AND M. CARPETS (LONDON) LIMITED v. CORNHILL INSURANCE COMPANY LIMITED

Insurance (Fire) - Loss of profits - Damage to shop by fire - Insurers denied liability - Insurers alleged fire deliberately started by plaintiffs - Onus of proof - Degree of probability required - Whether plaintiffs could claim under policy.

[1982] 1 Lloyd's Rep. 423

BANK OF INDIA v. TRANS CONTINENTAL COMMODITY MERCHANTS LTD. AND J. N. PATEL

Practice - Pleadings - Application for leave to amend defence - Plea of illegality under Exchange Control Act, 1947 - Whether leave to amend should be granted.

[1982] 1 Lloyd's Rep. 427

REDLER GRAIN SILOS LTD. v. BICC LTD.

Sale of goods (c. & f.) - Non-delivery - Troubles in Iran - English sellers unable to ship goods to Iran - Buyers paid for goods - Iranians claimed delivery of goods - Whether injunction granted to buyers restraining sellers from disposing of goods should be restored.

[1982] 1 Lloyd's Rep. 435

THE "CORAL I"

Collision - Vessel at anchor - Collision with incoming vessel in Suez Bay Waiting Area - Whether anchored vessel displaying anchor lights - Whether incoming vessel proceeding through Waiting Area at excessive speed - Whether incoming vessel failed to keep proper look out - Liability - Apportionment of damages.

[1982] 1 Lloyd's Rep. 441

BABANAFT INTERNATIONAL CO. S.A. v. AVANT PETROLEUM INC. (THE "OLTENIA")

Charter-party (Voyage) - Limitation of time - Claims to be presented within 90 days of discharge - Demurrage incurred by reason of detention of vessel by charterers - Owners failed to present claim within time - Whether application for extension of time should be granted.

[1982] 1 Lloyd's Rep. 448

PACOL LTD. AND OTHERS v. TRADE LINES LTD. AND R/I SIF IV (THE "HENRIK SIF")

Bill of lading - Estoppel - Alleged damage to cargo - Plaintiffs pursued claim against charterers - Charterers failed to advise plaintiffs that proper party were shipowners - Plaintiffs' action against shipowners time barred - Whether charterers estopped from denying liability.

[1982] 1 Lloyd's Rep. 456

VERMALA SHIPPING ENTERPRISES LTD. v. THE MINERALS AND METALS TRADING CORPORATION OF INDIA LTD. (THE "GAY FIDELITY")

Arbitration - Award - Leave to appeal - Further reasons - Demurrage - Arbitrator failed to give reasons for concluding owners entitled to demurrage - Whether application for order that further reasons be stated should be granted - Arbitration Act, 1979, s. 1 (5).

[1982] 1 Lloyd's Rep. 469

NATIONAL RUMOUR COMPANIA S.A. v. LLOYD-LIBRA NAVEGACAO S.A.

Arbitration - Award - Leave to appeal - Dispute as to whether charterers entitled to load cargo of saltpetre - Arbitrator found in favour of charterers - Whether application for leave to appeal should be granted - Arbitration Act, 1979, s. 1.

[1982] 1 Lloyd's Rep. 472

PHOENIX SHIPPING CORPORATION v. APEX SHIPPING CORPORATION (THE "APEX")

Arbitration - Award - Leave to appeal - War risk insurance - Whether charterers liable to pay additional premiums - Whether leave to appeal against award should be granted.

[1982] 1 Lloyd's Rep. 476

JAMIL LINE FOR TRADING AND SHIPPING LTD. v. ATLANTA HANDELSGESELLSCHAFT HARDER & CO. (THE "MARKO POLO")

Arbitration - Award - Leave to appeal - Dispute as to payment in respect of bunkers on redelivery - Whether arbitrators proceeded on basis of subsequent conduct of parties which inadmissible - Whether leave to appeal against award should be given.

[1982] 1 Lloyd's Rep. 481

UNIMARINE S.A. v. CANADIAN TRANSPORT CO. LTD. CANADIAN TRANSPORT CO. LTD. v. A.S. GERRARDS REDERI A.S. GERRARDS REDERI v. CERES HELLENIC SHIPPING ENTERPRISES LTD. (THE "CATHERINE L")

Arbitration - Costs - Vessel discovered to have bottom damage - Three separate arbitrations between owners, charterers and sub-charterers before sole-arbitrator - Final awards as to costs - Whether arbitrator had misdirected himself - Whether award should be set aside or remitted.

[1982] 1 Lloyd's Rep. 484

INDUSTRIA DE OLEOS PACAEMBU S.A. v. N.V. BUNGE

Arbitration - Award - Alleged error of law on its face - Delay by sellers in appealing against award - Whether application for extension of time to apply for award to be set aside or remitted should be granted.

[1982] 1 Lloyd's Rep. 490

D'AMICO SOCIETA DI NAVIGAZIONE v. PROMOTECA S.A. (THE "CESARE D'AMICO")

Arbitration - Special case - Dispute on demurrage referred to arbitration - No issue as to repudiation taken before arbitrator - Whether charterers could raise issue before Court on special case.

[1982] 1 Lloyd's Rep. 493

FEDERAL COMMERCE & NAVIGATION LTD. v. XCAN GRAIN (EUROPE) LTD. (THE "RATNA VANDANA")

Arbitration - Limitation of time - Appointment of arbitrator - Arbitrator not appointed within time limit - Whether delay prejudicial - Whether application for extension of time in which to appoint arbitrator should be granted - Arbitration Act, 1950, s. 27.

[1982] 1 Lloyd's Rep. 499

BANK OF INDIA v. TRANS CONTINENTAL COMMODITY MERCHANTS LTD. AND JASHBAI NAGJIBHAI PATEL

Banking - Foreign exchange contracts - Guarantee - Bank agreed to buy and sell foreign exchange for company - Performance of contracts guaranteed by guarantor - Company defaulted - Whether bank could claim under guarantee.

[1982] 1 Lloyd's Rep. 506

ASTILLEROS CANARIOS S.A. v. CAPE HATTERAS SHIPPING CO. INC. AND HAMMERTON SHIPPING CO. S.A. (THE "CAPE HATTERAS")

Shiprepairers - Principal and agents - Shiprepairers carried out repairs to vessel - Whether registered owners or managers of vessel liable as principals for shiprepairers' claims - Whether shiprepairers entitled to claim for additional work - Whether shiprepairers liable for damages for delay.

[1982] 1 Lloyd's Rep. 518

COBEC BRAZILIAN TRADING AND WAREHOUSING CORPORATION v. ALFRED C. TOEPFER

Sale of goods - Rejection - Sellers failed to tender goods within shipment period - Buyers rejected tender - Whether sellers entitled to make separate shipments - Whether buyers entitled to reject goods - Whether buyers had waived right to reject for late shipment - FOSFA 22.

[1982] 1 Lloyd's Rep. 528

PRACTICE DIRECTION

Admiralty: Remuneration of nautical and other assessors.

[1982] 1 LLOYD'S LAW REPORTS 533

STATEMENT

[1982] 1 Lloyd's Rep. 534

UNIVERSE TANKSHIPS INC. v. INTERNATIONAL TRANSPORT WORKERS' FEDERATION, LAUGHTON AND OTHERS (THE "UNIVERSE SENTINEL")

Practice - Trade union dispute - Vessel prevented from sailing - Owners complied with I.T.F. demands - Whether payments made under duress - Whether dispute a trade dispute - Whether payments could be recovered - Trade Union and Labour Relations Act, 1974.

[1982] 1 Lloyd's Rep. 537

AFOVOS SHIPPING CO. S.A. v. R. PAGNAN AND F. LLI (THE "AFOVOS")

Charter-party (Time) - Hire - Non-payment - Owners withdrew vessel - Whether withdrawal valid - Whether charterers could rely on owners' bank's negligence or estoppel - Whether charterers entitled to relief against forfeiture - New York Produce Exchange form.

[1982] 1 Lloyd's Rep. 562

CHILEAN NITRATE SALES CORPORATION v. MARINE TRANSPORTATION CO. LTD. AND PANSUIZA COMPANIA DE NAVEGACION S.A. (1978 C. No. 2915). MARINE TRANSPORTATION CO. LTD. v. PANSUIZA COMPANIA DE NAVEGACION S.A. (1978 M. No. 2083). (THE "HERMOSA")

Charter-party (Time) - Repudiation - Vessel let to sub-charterers - Vessel in need of substantial repairs - Ways in which contract may be repudiated - Whether time lost through breaches may be added to time lost through other causes when deciding whether contract repudiated - Whether time lost amounted to repudiatory breach - Damages for off-hire - Whether owners' conduct amounted to a renunciatory breach - Whether sub-charterers justified in repudiating charter - New York Produce Exchange form.

[1982] 1 Lloyd's Rep. 570

PAAL WILSON & CO. A/S v. PARTENREEDEREI HANNAH BLUMENTHAL (THE "HANNAH BLUMENTHAL")

Arbitration - Injunction - Delay in prosecution - Whether declaration that arbitration agreement discharged by reason of defendants' repudiation should be granted - Whether injunction restraining defendants from proceeding with arbitration should be granted - Whether plaintiff entitled to damages.

[1982] 1 Lloyd's Rep. 582

BREMER HANDELSGESELLSCHAFT m.b.H. v. RAIFFEISEN HAUPTGENOSSENSCHAFT E.G.

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Whether embargo prevented fulfilment - Whether sellers could rely on prohibition clause - Whether buyers had waived rights to insist on June goods - GAFTA 100.

[1982] 1 Lloyd's Rep. 599

THE "NEA TYHI"

Bill of lading - Damage to cargo - Bill of lading claused "shipped under deck" - Cargo carried on deck - Whether shipowners in breach - Whether shipowners negligent in stowage of cargo - Whether charterers authorized to issue and sign claused bills - Whether cargo damaged before property passed to plaintiffs.

[1982] 1 Lloyd's Rep. 606

LAERTIS SHIPPING CORPORATION v. EXPORTADORA ESPANOLA DE CEMENTOS PORTLAND S.A. (THE "LAERTIS")

Arbitration - Arbitrator - Appointment - Owners appointed their arbitrator - Charterers failed to appoint theirs - Whether owners' arbitrator validly appointed as sole arbitrator - Whether application for appointment of sole arbitrator should be granted - Arbitration Act, 1950, ss. 6, 10 (1) (a).

[1982] 1 Lloyd's Rep. 613

TOR LINE A.B. v. ALLTRANS GROUP OF CANADA LTD. (THE "TFL PROSPERITY")

Arbitration - Award - Leave to appeal - Carriage by sea - Roll-on roll-off vessel - Charterers unable to load double stacked 40 ft. containers on mafi trailers - Whether owners in breach of charter-party - Arbitrator found in favour of charterers - Whether leave to appeal should be given.

[1982] 1 Lloyd's Rep. 617

RIVER PLATE PRODUCTS NETHERLANDS B.V. v. ETABLISSEMENT COARGRAIN

Arbitration - Award - Leave to appeal - Award to sellers of certain sum less unidentified and unquantified deduction - Whether award enforceable - Whether award could be varied by deleting part of it - Whether award should be remitted for reconsideration.

[1982] 1 Lloyd's Rep. 628

J.H. RAYNER (MINCING LANE) LTD. v. SHAHER TRADING CO.

Arbitration - Award - Sale of goods (c. & f.) - Dispute as to non-delivery - Measure of damages - Whether arbitrator answered questions argued before him - Whether arbitrator should be directed to state further reasons for their award - Arbitration Act, 1979, s. 1 (5).

[1982] 1 Lloyd's Rep. 632

AMIN RASHEED SHIPPING CORPORATION v. KUWAIT INSURANCE CO. (THE "AL WAHAB")

Insurance (Marine) - Lloyd's Standard Marine policy - Vessel seized by Saudi Arabian Authorities - Owners' claimed under policy - Whether Kuwait proper forum - Whether order granting owners leave to serve proceedings on defendant insurers in Kuwait should be set aside.

[1982] 1 Lloyd's Rep. 638

PANCOMMERCE S.A. v. VEECHEEMA B.V.

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Government declined to issue any more licences - Sellers allocated goods to other buyers - Under no legal obligation to do so - Whether sellers could rely on prohibition of contract - GAFTA 100.

[1982] 1 Lloyd's Rep. 645

PRACTICE DIRECTION

Amendments to Admiralty practice directions

[1982] 1 Lloyd's Rep. 654

Print Editions

Lloyd's Law Reports