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).
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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)
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.
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.
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.
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.
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.
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.
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.
 1 Lloyd's Rep. 718
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