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Lloyd's Law Reports
AUTHOR: Michael Daiches, Barrister, and Professor Robert Merkin
ISBN: 1234-23-4936
Lloyd's Law Reports
Author: Michael Daiches, Barrister, and Professor Robert Merkin
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Browse 2010 Archive by Volume
Reports for Volume 1, 2010
COMPANIA SUD AMERICANA DE VAPORES SA v SINOCHEM TIANJIN IMPORT AND EXPORT CORPORATION (THE “ACONCAGUA”)
Carriage by sea — Dangerous cargo — Explosion of cargo of calcium hypochlorite in container — Cargo stowed near bunker tank — Crew heating bunker tank during voyage — Charterers settling claim brought by shipowners — Whether charterers entitled to indemnity from shippers — Whether charterers ought to have known that cargo was dangerous — Whether heating of bunker tank causative of explosion — Meaning of requirement to stow dangerous cargo “away from” source of heat — Whether charterers in breach of seaworthiness obligation — Whether loss arose from excepted peril — Hague Rules article IV, rule 6 and article IV, rule 2(a).
[2010] 1 Lloyd's Rep. 1
CLASSIC MARITIME INC v LION DIVERSIFIED HOLDINGS BERHAD AND ANOTHER
Practice — Summary judgment — Contract of Affreightment containing arbitration agreement — Parent company guaranteeing charterers’ obligations — Guarantee containing non-exclusive English jurisdiction clause — Claimant bringing proceedings against guarantors and charterers for breach of COA — Whether arbitration agreement in COA ousted by terms of guarantee — Whether charterers entitled to stay pending arbitration — Whether guarantor entitled to stay on case management grounds — Whether claimant entitled to summary judgment against guarantor — Whether guarantee void for past consideration — Whether guarantor had realistic prospect of defending claim based on frustration or force majeure — Arbitration Act 1996, section 9 — CPR 24.
[2010] 1 Lloyd's Rep. 59
INTA NAVIGATION LTD AND ANOTHER v RANCH INVESTMENTS LTD AND ANOTHER
Sale of ship — Right of first refusal — MOA on Norwegian Sale Form terms — Buyers agreeing to purchase newbuilding vessel with right of first refusal to purchase second newbuilding vessel — Sellers giving notice to buyers of sale of second newbuilding to third party on “novation terms” — Buyers exercising right of first refusal — Whether resulting contract on Norwegian Sale Form terms or on novation terms.
[2010] 1 Lloyd's Rep. 74
ENE KOS v PETROLEO BRASILEIRO SA (THE “KOS”)
Charterparty (Time) — Withdrawal of vessel for non-payment of hire — Whether owners entitled to damages for detention while charterers’ cargo remained on board and for consumption of bunkers — Whether owners entitled to recover as bailees — Whether owners entitled to recover expenses of providing bank guarantee — Whether “costs of or incidental to proceedings” — Supreme Court Act 1981, section 51.
[2010] 1 Lloyd's Rep. 87
SHELL EGYPT WEST MANZALA GMBH AND ANOTHER v DANA GAS EGYPT LTD
Arbitration — Error of law — Application for permission to appeal — Arbitration agreement stating that award was to be “final, conclusive and binding” — Whether parties had excluded right of appeal — Arbitration Act 1996, section 69.
[2010] 1 Lloyd's Rep. 109
DALLAH REAL ESTATE AND TOURISM HOLDING CO v THE MINISTRY OF RELIGIOUS AFFAIRS, GOVERNMENT OF PAKISTAN
Arbitration — Enforcement — New York Convention 1958 — Defendant claiming not to be a party to award — Whether enforcement could be challenged on the basis that the award was not valid under the laws of the country where the award was made — Arbitration Act 1996, sections 101 and 102.
[2010] 1 Lloyd's Rep. 119
DOUBLE K OIL PRODUCTS 1996 LTD v NESTE OIL OYJ
Arbitration — Serious irregularity — Whether evidence fraudulently withheld from arbitrators — Reliance by arbitrators on privileged documents — Whether arbitrators resolved all issues before them — Substantive injustice — Arbitration Act 1996, sections 33 and 68(2)(a), 62(2)(d) and 62(2)(g).
[2010] 1 Lloyd's Rep. 141
THE “WESTERN NEPTUNE” AND THE “ST LOUIS EXPRESS”
Collision action — Seismic survey vessel towing array of streamers — Defendant vessel colliding with towed array at night — Whether array subject to Collision Regulations — Whether towing vessel partially to blame — Collision Regulations 1996, Rules 3(g) and 7(d)(ii).
[2010] 1 Lloyd's Rep. 158
NOTE THE “WESTERN NEPTUNE” AND THE “ST LOUIS EXPRESS”
Practice — Costs — Collision action — Court finding claimant vessel one-third to blame — Whether claimants entitled to recover all their costs.
[2010] 1 Lloyd's Rep. 172
SECRETARY OF STATE FOR TRANSPORT v STAGECOACH SOUTH WESTERN TRAINS LTD
Arbitration — Franchise agreement — Dispute as to whether calculation of future payments fell within arbitration clause — Arbitration Act 1996, section 72.
[2010] 1 Lloyd's Rep. 175
PACE SHIPPING CO LTD v CHURCHGATE NIGERIA LTD (THE “PACE”)
Carriage by sea — Title to sue — Spent bill of lading — Whether rights of suit transferred to holder of bill of lading — Carriage of Goods by Sea Act 1992, section 2(2)(a) — Arbitration — Whether serious irregularity — Whether arbitrators made error of law — Arbitration Act 1996, sections 68 and 69.
[2010] 1 Lloyd's Rep. 183
NATIONAL NAVIGATION CO v ENDESA GENERACION SA (THE "WADI SUDR")
Conflict of laws - Issue estoppel - Disputes arising under bill of lading between Egyptian shipowners and Spanish cargo owners - Cargo owners obtaining judgment in Spanish courts that arbitration clause not incorporated into bill of lading - Shipowners bringing court proceedings against cargo owners in England for declaration that arbitration clause validly incorporated - Whether English court bound to recognise Spanish judgment - Council Regulation (EC) No 44/2001, articles 31, 33 and 34 - Civil Jurisdiction and Judgments Act 1982, section 32.
[2010] 1 Lloyd's Rep. 193
NATIONAL ABILITY SA v TINNA OILS & CHEMICALS LTD (THE “AMAZON REEFER”)
Arbitration — Award — Enforcement — Claimant applying to enforce awards as judgments — Whether application subject to six-year limitation period — Arbitration Act 1950, section 26 — Limitation Act 1980, section 7.
[2010] 1 Lloyd's Rep. 222
FORTIS BANK SA/NV AND ANOTHER v INDIAN OVERSEAS BANK
Banking — Letters of credit — Issuing bank refusing to pay under letters of credit — Whether documents complied with contract — Whether confirming bank validly appointed — UCP 600.
[2010] 1 Lloyd's Rep. 227
KARAFARIN BANK v DARA (NO 2)
Banking - Late payment of cheques - Damages - Effect of Bills of Exchange Act 1882, sections 57 and 72, on cheques governed by a foreign law.
[2010] 1 Lloyd's Rep. 236
GLOBAL PROCESS SYSTEMS INC AND ANOTHER v SYARIKAT TAKAFUL MALAYSIA BERHAD (THE “CENDOR MOPU”)
Insurance (marine) — Institute Cargo Clauses (A) — All risks cover — Oil rig damaged in course of being transported — Causation — Perils of the sea — Whether loss inevitable — Whether loss caused by inherent vice — Marine Insurance Act 1906, section 55(2)(c) and schedule, para 7.
[2010] 1 Lloyd's Rep. 243
MORGAN STANLEY & CO INTERNATIONAL PLC v CHINA HAISHENG JUICE HOLDINGS CO LTD
Jurisdiction — Exclusive London jurisdiction clause in bilateral agreement — Proceedings in breach of clause by one party to the agreement against the other and against third party over matters relating to the agreement — Construction of exclusive jurisdiction clause — Whether contract parties bound to sue third parties in London — Anti-suit injunction in respect of proceedings between contract parties in breach of the jurisdiction clause.
[2010] 1 Lloyd's Rep. 265
NOVOLOGISTICS SARL v FIVE OCEAN CORPORATION (THE “MERIDA”)
Charterparty (Voyage) — Demurrage — Whether berth or port charter.
[2010] 1 Lloyd's Rep. 274
OFFICE OF FAIR TRADING v ABBEY NATIONAL PLC AND OTHERS
Banking — Overdraft charges — Banks charged customers substantial charges for overdrafts on current accounts — Whether charges formed part of the price of the account or ancillary charges subject to assessment under the Unfair Terms in Consumer Contracts Regulations 1999, Regulation 6(2) — Council Directive 93/13/EEC on unfair terms in consumer contracts, article 4(2) — Whether preliminary reference to the European Court of Justice should be made — EC Treaty, article 234.
[2010] 1 Lloyd's Rep. 281
THE “CATUR SAMUDRA”
Admiralty jurisdiction — Charterers failing to pay hire — Shipowners arresting alleged sister ship owned by guarantor of charterparty obligations — Whether claim arising under a guarantee of charterparty obligations was a claim “arising out of an agreement relating to the use or hire of” the chartered ship — Whether defendant in possession or control of chartered ship at time when cause of action arose — Whether arrest should be set aside.
[2010] 1 Lloyd's Rep. 305
COBELFRET BULK CARRIERS NV v SWISSMARINE SERVICES SA (THE “LOWLANDS ORCHID”)
Charterparty (Voyage) — Demurrage — Holidays — Fixture recap stating “SHINC” and “otherwise” incorporating terms of pro forma charter logically amended — Pro forma charter providing “Sundays and Holidays included, excluding Super Holidays” — Whether pro forma charter inconsistent with fixture recap — Whether time counted during Super Holidays.
[2010] 1 Lloyd's Rep. 317
REPUBLIC OF SERBIA v IMAGESAT INTERNATIONAL NV
Arbitration â Jurisdiction â Justiciability â Arbitrator ruling that state was continuator state of an earlier State Union â Whether arbitrator possessed jurisdiction to decide the matter â Estoppel by convention â Whether right to appeal on jurisdictional grounds had been waived â Arbitration Act 1996, sections 30, 67 and 73.
[2010] 1 Lloyd's Rep. 324
SUPERSHIELD LTD v SIEMENS BUILDING TECHNOLOGIES FE LTD
Breach of contract — Damages — Remoteness — Respondent settling claim against it and seeking indemnity from appellant — Whether settlement within range of what was reasonable.
[2010] 1 Lloyd's Rep. 349
TEKDATA INTERCONNECTIONS LTD v AMPHENOL LTD
Sale of goods — Whether contract concluded on sellers’ terms or on buyers’ terms — Battle of the forms.
[2010] 1 Lloyd's Rep. 357
BANK OF NEW YORK MELLON v GV FILMS
Jurisdiction — Agreement contained jurisdiction clause — Provision that one party irrevocably submit to the jurisdiction waiving objections — Whether exclusive — Anti-suit injunction.
[2010] 1 Lloyd's Rep. 365
HALL v HEART OF ENGLAND BALLOONS LTD AND ANOTHER
Practice — Amendment — Carriage by air — Claimant sustaining personal injury while being carried in hot-air balloon — Claimant bringing action against wrong party — Whether court had jurisdiction to amend claim to substitute correct defendant after expiry of two-year limitation period — Carriage by Air Acts (Application of Provisions) Order 2004 — Montreal Convention, article 35 — CPR Parts 17.4 and 19.5.
[2010] 1 Lloyd's Rep. 373
POLSKIE RATOWNICTWO OKRETOWE v RALLO VITO & C SNC AND ANOTHER
Conflict of laws — Jurisdiction — Claimant tugowner bringing proceedings against Italian shipowners and insurers for declaration of non-liability relating to contract on TOWHIRE terms — Whether parties agreed English jurisdiction — Whether formal requirements complied with — Council Regulation (EC) No 44/2001, article 23.
[2010] 1 Lloyd's Rep. 384
SABMILLER AFRICA BV AND ANOTHER v EAST AFRICAN BREWERIES LTD
Arbitration — Application for interim relief to restrain breach of contract pending establishment of tribunal — Supreme Court Act 1981, section 37 — Arbitration Act 1996, section 44.
[2010] 1 Lloyd's Rep. 392
BANK OF NEW YORK MELLON v GV FILMS (NO 2)
Bond issue — Trust deeds — Whether bond issuer in default of terms of trust deeds — Validity of notice requiring accelerated payment — Whether trustee entitled to summary judgment.
[2010] 1 Lloyd's Rep. 425
COMPANIA SUD-AMERICANA DE VAPORES SA v NIPPON YUSEN KAISHA
Arbitration — Defence apparently abandoned and then raised again at late stage in arbitration — Arbitrators accepting defence — Whether serious irregularity — Whether substantial injustice caused to other party — Arbitration Act 1996, sections 33 and 68(2)(a).
[2010] 1 Lloyd's Rep. 436
F G HAWKES (WESTERN) LTD v BELI SHIPPING CO LTD (THE “KATARINA”)
Practice — Claim form — Service outside the jurisdiction — Application for extension of time — Civil Procedure Rules, Rule 7.6.
[2010] 1 Lloyd's Rep. 449
GEOFIZIKA DD v MMB INTERNATIONAL LTD GREENSHIELDS COWIE & CO LTD (THIRD PARTY)
Sale of goods (CIP) — Incoterms 2000 — Seller contracting with freight forwarder to arrange sea carriage from England to Libya — Freight forwarder arranging carriage on “RORO” basis and arranging insurance cover containing warranty that goods shipped below deck — Goods lost at sea after being carried on deck — Whether seller in breach of obligation to contract “on usual terms” — Whether “RORO” necessarily imports below deck carriage — Whether freight forwarder negligent — Damages — Whether buyer entitled to recover additional hire costs incurred by reason of impecuniosity.
[2010] 1 Lloyd's Rep. 458
THE “OCEAN CROWN”
Salvage — Remuneration — Assessment of award — Principle of encouragement — Whether tribunal entitled to take into account possibility that salvors might experience difficult economic conditions in future — Whether permissible to take into account actual economic conditions experienced between date of termination of the services and date of award — Whether principle in The Amerique applicable to complex and comprehensive cases — International Salvage Convention 1989, article 13.
[2010] 1 Lloyd's Rep. 468
CAPES (HATHERDEN) LTD v WESTERN ARABLE SERVICES LTD
Arbitration — Incorporation of standard terms — Whether contract incorporated arbitration clause — Course of dealing — Independence and impartiality of arbitrators — Effect of article 6 of the European Convention on Human Rights — Scope of arbitration clause — Whether claimant estopped from denying submission to arbitration.
[2010] 1 Lloyd's Rep. 477
COOPER v NATIONAL WESTMINSTER BANK PLC
Banking — Failure by bank to issue draft — Whether the parties had settled the dispute — Whether customer had offered to settle — Whether bank had accepted offer — Whether customer’s silence amounted to acceptance of offer of settlement by bank.
[2010] 1 Lloyd's Rep. 490
MASEFIELD AG v AMLIN CORPORATE MEMBER LTD
Insurance (marine) — Piracy — Vessel seized by pirates — Ransom paid and vessel and cargo released — Whether cargo became an actual total loss on seizure — Whether cargo became a constructive total loss on seizure — Legality of payment of ransom — Marine Insurance Act 1906, sections 57 and 60.
[2010] 1 Lloyd's Rep. 509
STURGEON v CONDOR FLUGDIENST GMBH BÖCK v AIR FRANCE SA
Carriage by air (passengers) — Delay — Concepts of flight “delay” and “cancellation” — Right to compensation in the event of delay — Concept of “extraordinary circumstances” — European Parliament and Council Regulation 261/2004/EC 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.
[2010] 1 Lloyd's Rep. 522
BRODA AGRO TRADE (CYPRUS) LTD v ALFRED C TOEPFER INTERNATIONAL GMBH
Arbitration — Challenge to award on jurisdictional grounds — Application for declaration — Whether applicant had taken part in the arbitration proceedings — Effect of European Convention on Human Rights, article 6 — Appeal against award — Whether time should be extended — Arbitration Act 1996, sections 67, 72 and 80(5)
[2010] 1 Lloyd's Rep. 533
SEADRILL MANAGEMENT SERVICES LTD AND ANOTHER v OAO GAZPROM (THE “EKHA”)
Contract — International Daywork Drilling Contract-Offshore (IDDCO) form — Construction of contract — Contractor carrying out preloading operation negligently — Whether contractor in repudiatory breach — Whether operator entitled to terminate contract — Claims by contractor and counterclaims by operator — Issues of principle concerning quantum of damages.
[2010] 1 Lloyd's Rep. 543
AET INC LTD v ARCADIA PETROLEUM LTD (THE “EAGLE VALENCIA”)
Charterparty (Voyage) — Laytime — Notice of readiness — Whether notice of readiness invalidated by failure to obtain free pratique within six hours — Shellvoy 5 form with Shell Additional Clauses.
[2010] 1 Lloyd's Rep. 593
GAS NATURAL APROVISIONAMIENTOS SDG SA v METHANE SERVICES LTD (THE “KHANNUR”)
Charterparty (Time) — Off-hire — Substitution of vessel — Whether substitution valid — Whether substitute vessel had to be delivered in same place where substituted vessel withdrawn — Whether substituted vessel off-hire.
[2010] 1 Lloyd's Rep. 610
MARINE TRADE SA v PIONEER FREIGHT FUTURES CO LTD BVI AND ANOTHER
Contract — Forward freight agreements — Whether party entitled to set off liability to other party on settlement date — Whether set off precluded by reason of Event of Default — Restitution — Whether payment made by party under protest believing it was not liable to pay was made under a mistake of law.
[2010] 1 Lloyd's Rep. 631
WHITESEA SHIPPING AND TRADING CORPORATION AND ANOTHER v EL PASO RIO CLARA LTDA AND OTHERS (THE “MARIELLE BOLTEN”)
Practice — Anti-suit injunction — Claimant carrier seeking declarations of liability against cargo interests in England under bills of lading incorporating Hague Rules and containing exclusive English jurisdiction clause — Cargo insurers bringing proceedings in Brazil against carrier and other parties without reference to Hague Rules — Whether claimant entitled to anti-suit injunction — Hague rules, article III, rule 8.
[2010] 1 Lloyd's Rep. 648
HABAS SINAI VE TIBBI GAZLAR ISTHISAL ENDUSTRI AS v SOMETAL SAL
Arbitration — Jurisdiction — Incorporation of arbitration clause from earlier contracts between the parties — Whether general or specific words needed — Whether incorporation effective — Arbitration Act 1996, section 67.
[2010] 1 Lloyd's Rep. 661
ROYAL BANK OF SCOTLAND v CHANDRA AND ANOTHER
Banking — Guarantees granted by husband and wife over matrimonial home to secure loans for property development project — Bank appointing receivers to take over project — Company remaining liable to provide indemnity — Completed building sold at loss — Action to enforce guarantees — Whether bank in breach of duty to guarantors — Whether guarantees procured by undue influence by husband over wife.
[2010] 1 Lloyd's Rep. 677
SOUFFLET NEGOCE v BUNGE SA
Sale of goods (fob) — Contract for sale of feed barley — Sellers given liberty to complete loading if vessel “presented at the loading port in readiness to load within the delivery period” — Whether vessel had to be ready to load in sense required to serve a valid notice of readiness for the commencement of laytime — GAFTA 49.
[2010] 1 Lloyd's Rep. 718
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