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KYRGYZ REPUBLIC v STANS ENERGY CORPORATION AND ANOTHER
[2018] Lloyd's Rep. Plus 1
Arbitration – Jurisdiction – Meaning of foreign law – Arbitration Act 1996, section 67.
COMPANY 1 v COMPANY 2 AND ANOTHER
[2018] Lloyd's Rep. Plus 2
Arbitration – Interim relief – Order preserving evidence or assets – Whether matter urgent – Whether court should intervene where arbitration had its seat in Switzerland – Arbitration Act 1996, sections 2(3) and 44(3).
ULTRABULK A/S v JAGATRAMKA
[2018] Lloyd's Rep. Plus 3
Guarantee – Personal guarantee provided by private individual – Whether on demand bond or guarantee of performance by third party.
SCHENKER LTD v NEGOCIOS EUROPA LTD
[2018] Lloyd's Rep. Plus 4
Carriage of goods by air – Carrier claiming air freight from defendant – Defendant seeking to set off counterclaim for breach of contract of carriage – Whether common law rule precluding set-off against freight extended to carriage by air.
GLENCORE AGRICULTURE BV (FORMERLY GLENCORE GRAIN BV) v CONQUEROR HOLDINGS LTD (THE "AMITY")
[2018] Lloyd's Rep. Plus 5
Arbitration – Jurisdiction – Whether tribunal properly constituted – Notice of arbitration sent to personal email address of employee of respondent company – Whether notice of arbitration validly served – Whether agency principles applicable – Whether recipient had actual or ostensible authority to accept notice of arbitration.
EMMOTT v MICHAEL WILSON & PARTNERS LTD
[2018] Lloyd's Rep. Plus 6
Arbitration – Anti-suit injunction – Cause of action estoppel – Issue estoppel – Abuse of process – Senior Courts Act 1981, section 37.
STOCKMAN INTERHOLD SA v ARRICANO REAL ESTATE PLC
[2018] Lloyd's Rep. Plus 7
Arbitration – Award set aside and remitted to arbitrator – Jurisdiction of arbitrator under a remitted arbitration – Jurisdiction to take account of facts arising after issue of first award – Jurisdiction of arbitrator – Whether agreement to extend jurisdiction – Waiver – Whether later award obtained by fraud – Serious irregularity – Arbitration Act 1996, sections 45, 67, 68, 71 and 73.
TRANSGRAIN SHIPPING (SINGAPORE) PTE LTD v YANGTZE NAVIGATION (HONG KONG) CO LTD (MV "YANGTZE XING HUA")
[2018] Lloyd's Rep. Plus 8
Charterparty (Time) – NYPE Inter-Club Agreement 1996 – Clause 8(d) – Whether "act" requires fault.
TOPTIP HOLDING PTE LTD v MERCURIA ENERGY TRADING PTE LTD (THE "PAN GOLD")
[2018] Lloyd's Rep. Plus 9
Contract – Formation – Negotiations for charter of vessel – Owners' offer expressed to be "Subject to review" of charterer's pro forma charterparty "with logical amendment" – Whether binding contract concluded – Whether any concluded contract void for uncertainty.
COSCO BULK CARRIER CO LTD v TIANJIN GENERAL NICE COKE AND CHEMICALS CO LTD AND ANOTHER (THE "JIA LI HAI")
[2018] Lloyd's Rep. Plus 10
Admiralty practice – Pleading – Claimant shipowner suing cargo insurer under general average guarantee – Cargo insurer pleading defence of unseaworthiness – Whether adequate factual foundations for allegation – Whether claimant entitled to summary judgment.
HSBC BANK PLC v THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “APELLIS”
[2018] Lloyd's Rep. Plus 11
Admiralty – In rem action – Arrested vessel sold by court order – Application for default judgment from highest-ranking creditor – Whether service of motion for default judgment needed.
BERKELEY BURKE SIPP ADMINISTRATION LLP v CHARLTON AND ANOTHER
[2018] Lloyd's Rep. Plus 12
Arbitration – Point of law – Application for permission to appeal from award of Financial Ombudsman Service – Meaning of "arbitration agreement" – Arbitration Act 1996, sections 6, 58 and 69.
WOOD v CAPITA INSURANCE SERVICES LTD
[2018] Lloyd's Rep. Plus 13
Contract - Interpretation - Language – Context.
ASSENS HAVN v NAVIGATORS MANAGEMENT (UK) LTD
[2018] Lloyd's Rep. Plus 14
Jurisdiction – Insurance (liability) – Third-party direct action against insurers – Exclusive jurisdiction clause – Whether clause binding on third-party claimant – Brussels Regulation, Council Regulation 44/2001/EC, articles 11, 13 and 14.
MT "CAPE BONNY" TANKSCHIFFAHRTS GMBH & CO KG v PING AN PROPERTY AND CASUALTY INSURANCE COMPANY OF CHINA LTD, BEIJING BRANCH (THE "CAPE BONNY")
[2018] Lloyd's Rep. Plus 15
General average – Vessel suffering engine breakdown whilst seeking to avoid typhoon – Whether casualty caused by actionable fault on part of shipowners – Burden of proof as to reasonableness of expenditure claimed – Whether mere immobilisation a sufficient peril or danger in the law of general average – Whether expenditure reasonable.
DANA GAS PJSC v DANA GAS SUKUK LTD AND OTHERS
[2018] Lloyd's Rep. Plus 16
Contract – Illegality – Mistake – Public policy – Rule against penalties.
PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LTD v SAMSUNG ENGINEERING TRINIDAD CO LTD
[2018] Lloyd's Rep. Plus 17
Arbitration – Jurisdiction – Meaning of "substantive jurisdiction" – Arbitration Act 1996, section 67.
PHONES 4U LTD (IN ADMINISTRATION) v EE LTD
[2018] Lloyd's Rep. Plus 18
Contract – Counterclaim for damages for repudiatory breach or renunciation – Contract terminated by defendant by reason of claimant going into administration – Whether claimant in repudiatory breach – Whether defendant could rely upon repudiation or renunciation where termination was not based on breach.
TRAFIGURA BEHEER BV v RENBRANDT LTD
[2018] Lloyd's Rep. Plus 19
Sale of goods (fob) – Cargo of gasoil delivered to Nigeria – Buyer alleging cargo off specification – Seller bringing proceedings in England claiming negative declaratory relief and seeking summary judgment – Whether claimant entitled to summary judgment – CPR 24.
ST SHIPPING AND TRANSPORT PTE LTD AND OTHERS v SPACE SHIPPING LTD AND ANOTHER (THE "CV STEALTH") (NO 3)
[2018] Lloyd's Rep. Plus 20
Practice – Stakeholder proceedings – Whether "competing claims" – Effect of Rule B attachment – CPR Part 86.
GAHAN v EMIRATES; BUCKLEY AND OTHERS v EMIRATES
[2018] Lloyd's Rep. Plus 21
Carriage by air – Passengers – Delay – Passengers suffering delay involving connecting flights from Dubai by non-EU Community carrier – Whether passengers entitled to compensation under Regulation (EC) No 261/2004.
GLENCORE ENERGY UK LTD AND ANOTHER v FREEPORT HOLDINGS LTD (THE "LADY M")
[2018] Lloyd's Rep. Plus 22
Carriage (goods) – Bill of lading – Chief engineer setting fire on board vessel – Barratry – Owners' liability where fire deliberately or barratrously caused – Hague-Visby Rules article IV rule 2(b) and (q) – Meaning of "any other cause" exception in article IV rule 2(q).
R (MONARCH AIRLINES LTD) v AIRPORT COORDINATION LTD
[2018] Lloyd's Rep. Plus 23
Carriage by air – Insolvency – Airline in administration – Allocation of airport slots – Council Regulation (EEC) No 95/93 on the common rules for the allocation of slots at Community airports.
CONNECT SHIPPING INC AND ANOTHER v SVERIGES ANGFARTYGS ASSURANS FORENING (THE SWEDISH CLUB) AND OTHERS
[2018] Lloyd's Rep. Plus 24
Insurance (marine) – Vessel damaged by fire – Whether vessel a constructive total loss – Whether notice of abandonment validly served – Assessment of costs of repairs – Whether costs incurred before notice of abandonment served to be taken into account – Salvage costs – Suing and labouring – Marine Insurance Act 1906, sections 60, 62 and 88.
PROGAS ENERGY LTD AND OTHERS v THE ISLAMIC REPUBLIC OF PAKISTAN
[2018] Lloyd's Rep. Plus 25
Arbitration – Claim in arbitration rejected and costs awarded against claimant – Appeal against arbitration award for serious irregularity – Application by defendant for security for the costs of the application and security for the costs award – Effect of claim being funded by litigation funders – Arbitration Act 1996, sections 68(2)(d), 70(5) and 70(6).
GOLDEN BELT 1 SUKUK COMPANY BSC v BNP PARIBAS FCOF II UB SECURITIES LLC AND OTHERS v BNP PARIBAS
[2018] Lloyd's Rep. Plus 26
Banking – Duty of care – Islamic financing – Sukuk – Promissory Note issued for protection of certificate holders in event of default by borrower – Promissory Note unenforceable by reason of improper signature – Whether arranging bank owed duty of care to trustee and to purchasers of certificates – Breach of duty – Measure of damages.
LAWRENCE v NCL (BAHAMAS) LTD (THE “NORWEGIAN JADE”)
[2018] Lloyd's Rep. Plus 27
Admiralty – Personal injury action – Cruise passenger sustaining injury on tender boat while disembarking for shore excursion – Whether claimant contracted with cruise operator – Whether incident occurred in course of carriage – Whether incident caused by fault or neglect of cruise operator – Athens Convention 1974, articles 1.8 and 3.
LAWRENCE v NCL (BAHAMAS) LTD (THE "NORWEGIAN JADE")
[2018] Lloyd's Rep. Plus 28
Admiralty – Personal injury action – Cruise passenger sustaining injury on tender boat while disembarking for shore excursion – Whether claimant contracted with cruise operator – Whether incident occurred in course of carriage – Whether incident caused by fault or neglect of cruise operator – Athens Convention 1974, articles 1.8 and 3.
VINNLUSTODIN HF AND ANOTHER v SEA TANK SHIPPING AS (THE "AQASIA")
[2018] Lloyd's Rep. Plus 29
Carriage of goods by sea – Package limitation – Whether "unit" meant physical unit for shipment or unit of measurement – Whether package limitation capable of applying to bulk cargo – 1924 Hague Rules, article IV rule 5.
COLLINS v LAWRENCE
[2018] Lloyd's Rep. Plus 30
Practice – Limitation of time – Personal injury – Claimant passenger disembarking from boat after fishing trip – Claimant slipping on plywood board placed on shingle at foot of freestanding steps – Whether accident occurred while in course of disembarkation – Whether claim time-barred – Athens Convention 1974, articles 1(8) and 3.
LUKOIL ASIA PACIFIC PTE LTD v OCEAN TANKERS (PTE) LTD (THE "OCEAN NEPTUNE")
[2018] Lloyd's Rep. Plus 31
Demurrage – Time-bar – Charter providing that demurrage claims should be time-barred unless submitted with supporting documents within 90 days of discharge of cargo – Whether time bar applied to time lost waiting for orders.
DANA GAS PJSC v DANA GAS SUKUK LTD AND OTHERS (NO 2)
[2018] Lloyd's Rep. Plus 32
Contract – Illegality – Public policy.
GPF GP SARL v THE REPUBLIC OF POLAND
[2018] Lloyd's Rep. Plus 33
Arbitration – Jurisdiction – Bilateral Investment Treaty – Vienna Convention 1969 – Arbitration Act 1996, section 67.
EXPORTADORA DE SAL SA DE CV v CORRETAJE MARITIMO SUD-AMERICANO INC
[2018] Lloyd's Rep. Plus 34
Arbitration (jurisdiction) – Whether challenge went to jurisdiction – Whether right to challenge lost by waiver – Arbitration Act 1996, sections 31, 67 and 73.
ALLIANZ INSURANCE PLC AND ANOTHER v TONICSTAR LTD
[2018] Lloyd's Rep. Plus 35
Arbitration – Reinsurance – Qualification of arbitrator – Whether arbitrator should be removed – Arbitration Act 1996, sections 24 and 30.
DAEWOO SHIPBUILDING & MARINE ENGINEERING CO LTD v SONGA OFFSHORE EQUINOX LTD AND ANOTHER
[2018] Lloyd's Rep. Plus 36
Arbitration & Application for permission to appeal & Running of time for permission to appeal following an application to the arbitrators for amendments to the award under the slip rule & Extension of time for the grant of permission to appeal & Arbitration Act 1996, sections 57, 69, 70 and 80.
JIANGSU SHAGANG GROUP CO LTD v LOKI OWNING CO LTD (THE "POUNDA")
[2018] Lloyd's Rep. Plus 37
Arbitration – Jurisdiction – Guarantee – Agency – Charterparty containing guarantee by charterers' parent company but not signed by guarantor – Owners bringing arbitration proceedings against guarantor – Guarantor challenging jurisdiction on basis that it had not authorised charterers to give guarantee – Whether charterers had express authority to give guarantee – Whether tribunal had substantive jurisdiction over guarantor.
SEA2011 INC v ICT LTD
[2018] Lloyd's Rep. Plus 38
Jurisdiction – Sales Agency Agreement including an arbitration clause – Identity of parties to the arbitration clause – Implied contract – Construction of notice of arbitration – Arbitration Act 1996, section 67.
BAZHANOV AND ANOTHER v FOSMAN AND OTHERS
[2018] Lloyd's Rep. Plus 39
Jurisdiction – Service of claim on defendants out of the jurisdiction – Serious issue – Good arguable case – All defendants based in Russia – Proper forum – Rome II, Regulation (EC) No 864/2007, articles 10 and 14.
SINGULARIS HOLDINGS LTD v DAIWA CAPITAL MARKETS EUROPE LTD
[2018] Lloyd's Rep. Plus 40
Dishonest assistance with breach of fiduciary duty & Duty of care owed by bank & Whether duty broken & Illegality & Attribution & Contributory negligence & Law Reform (Contributory Negligence) Act 1945.
SONGA CHEMICALS AS v NAVIG8 CHEMICALS POOL INC; NAVIG8 CHEMICALS POOL INC v GLENCORE AGRICULTURE BV (THE "SONGA WINDS")
[2018] Lloyd's Rep. Plus 41
Agency – Letter of indemnity – LOI providing for cargo to be delivered to named receiver without production of bills of lading – Cargo delivered to different person – Whether person taking delivery represented or acted on behalf of receiver named in LOI – Whether beneficiary of LOI entitled to summary judgment.
MORRIS-GARNER AND ANOTHER v ONE STEP (SUPPORT) LTD
[2018] Lloyd's Rep. Plus 42
Contract & Measure of damages & Breach of non-competition clause and non-solicit obligations & Whether damages to be awarded based on notional negotiation of rights between the parties & Senior Courts Act 1981, section 50.
SEVYLOR SHIPPING AND TRADING CORPORATION v ALTFADUL COMPANY FOR FOODS, FRUITS & LIVESTOCK AND ANOTHER (THE “BALTIC STRAIT”)
[2018] Lloyd's Rep. Plus 43
Carriage of goods by sea – Damage to cargo – Bill of lading holder claiming full damages from carrier for breach of contract of carriage – Whether bill of lading holder required to give credit for monies received by way of settlement from intermediate seller of cargo – Carriage of Goods by Sea Act 1992, sections 2(1) and 2(4).
RELIANCE INDUSTRIES LTD AND ANOTHER v THE UNION OF INDIA
[2018] Lloyd's Rep. Plus 44
Arbitration – Jurisdiction – Serious irregularity – Unfairness, excess of powers and failure to adhere to agreed procedures – Error of law – Arbitrability of act of state – Waiver of defence of act of state – Reservation of issue for future determination – Arbitration Act 1996, sections 31, 33, 47, 67, 68, 69 and 70.
HALLIBURTON CO v CHUBB BERMUDA INSURANCE LTD AND OTHERS
[2018] Lloyd's Rep. Plus 45
Arbitration – Removal of arbitrator – Potential bias – Test for potential bias – Whether arbitrator should have disclosed other later appointments – Arbitration Act 1996, section 24.
COMPUTER ASSOCIATES UK LTD v THE SOFTWARE INCUBATOR LTD
[2018] Lloyd's Rep. Plus 46
Agency – Commercial Agents (Council Directive) Regulations 1993 – Whether software constituted goods – Whether either party in repudiatory breach of agency agreement – Commercial Agents Directive, Council Directive 86/653/EEC.
FLIGHTRIGHT GMBH v AIR NOSTRUM, LÍNEAS AÉREAS DEL MEDITERRÁNEO SA; BECKER v HAINAN AIRLINES CO LTD; BARKAN AND OTHERS v AIR NOSTRUM, LÍNEAS AÉREAS DEL MEDITERRÁNEO SA
[2018] Lloyd's Rep. Plus 47
Carriage (air) – Jurisdiction – Connecting flight operated by different air carriers – Concept of "matters relating to a contract" – Concept of "place of performance" – Right of air passengers to compensation for denied boarding and for long delay of a flight – Action for compensation brought against operating air carrier not domiciled in the territory of a member state or with which the passengers do not have contractual relation – Regulation 261/2004/EC – Regulation 44/2001/EC, article 5(1) – Regulation 1215/2012/EC, article 7(1)
OWNERS OF THE SHIP "AL KHATTIYA" v OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP "JAG LAADKI"
[2018] Lloyd's Rep. Plus 48
Practice – Application to set aside – Forum non conveniens – Claimant shipowners bringing in rem proceedings in England claiming damages resulting from collision with defendants' vessel off Fujairah – Defendants bringing proceedings in Fujairah for declaration of non-liability – English court granting anti-suit injunction – Whether Fujairah more appropriate forum – Whether court should stay proceedings in favour of Fujairah – Whether anti-suit injunction should be set aside.
RBRG TRADING (UK) LTD v SINOCORE INTERNATIONAL CO LTD
[2018] Lloyd's Rep. Plus 49
Arbitration – Enforcement of award – Illegality and public policy – Arbitration Act 1996, section 103(3).
ATLASNAVIOS-NAVEGAÇÃO LDA v NAVIGATORS INSURANCE CO LTD AND OTHERS (THE "B ATLANTIC")
[2018] Lloyd's Rep. Plus 50
Insurance (marine) – War risks clauses – Smuggling by crew members – Causation – Coverage for acts by persons acting maliciously – Exclusion for detainment for infringement of customs regulations.
KYOKUYO CO LTD v AP MØLLER-MAERSK A/S, TRADING AS "MAERSK LINE"
[2018] Lloyd's Rep. Plus 51
Carriage of goods by sea – Package limitation – Containers containing individual frozen tuna loins and bags of frozen tuna parts – Cargo found damaged on receipt – Limitation of liability – Whether Hague or Hague-Visby Rules applied – Whether relevant package or unit was the container or the individual tuna loins or bags – Whether sufficient enumeration of units for limitation purposes – Hague and Hague-Visby Rules, article IV, rule 5.
ENGELHART CTP (US) LLC v LLOYD'S SYNDICATE 1221 FOR THE 2014 YEAR OF ACCOUNT AND OTHERS
[2018] Lloyd's Rep. Plus 52
Insurance (marine) – Cargo all risks policy – Goods never shipped to assured – Whether policy covered paper as well as physical losses.
HARTONO AND OTHERS v MINISTRY FOR PRIMARY INDUSTRIES AND ANOTHER
[2018] Lloyd's Rep. Plus 53
Fisheries legislation – Interpretation – Fishing vessel forfeited to Crown as property used in commission of offence – Whether foreign owner had an "interest" in forfeited vessel for purpose of applying for relief from forfeiture – Fisheries Act 1996, section 256.
SEATRADE GROUP NV v HAKAN AGRO DMCC (THE "ACONCAGUA BAY")
[2018] Lloyd's Rep. Plus 54
Charterparty (Voyage) – "Always accessible" warranty – Whether included departure as well as arrival – Whether owners entitled to damages for detention following delayed departure of vessel.
DEUTSCHE BANK TRUST COMPANY AMERICAS v THE OWNERS OF THE MOTOR VESSEL "SERTAO"
[2018] Lloyd's Rep. Plus 55
Admiralty practice – Sale pendente lite – Mortgagee applying for order of sale of drillship pendente lite with proviso that vessel should not be sold at less than appraised value – Whether mortgagee's specialist broker should be appointed jointly with Admiralty Marshal's broker – Apportionment of brokers' commission.
DREYMOOR FERTILISERS OVERSEAS PTE LTD v EUROCHEM TRADING GMBH
[2018] Lloyd's Rep. Plus 56
Arbitration – Jurisdiction – Claimant appointing defendant as agent for sales of fertiliser products in India – Agency governed by umbrella agreements – Individual product sales made under separate contracts involving defendant and containing arbitration clauses – Claimant alleging that defendant bribed former employees – Whether arbitration clauses applicable to dispute – Whether arbitration tribunals had jurisdiction – Arbitration Act 1996, sections 67 and 32.
GLENCORE ENERGY UK LTD v OMV SUPPLY & TRADING LTD
[2018] Lloyd's Rep. Plus 57
Sale of goods (cfr) – Delay – Congestion at discharge port – Parties agreeing that vessel should wait outside port – Seller bringing "detention" claim – Whether claim in fact for demurrage – Whether claim time-barred.
THE "TIAN E ZUO"
[2018] Lloyd's Rep. Plus 58
Admiralty – Collision action – Plaintiffs' and defendant's vessels involved in related collisions with anchored vessel off Singapore – Collisions would not have occurred but for prior negligence of defendant's vessel in dragging anchor – Whether "but for" test appropriate – Whether "agony of the moment" defence available to plaintiffs' vessel – Whether defendant's vessel "at anchor" notwithstanding that she was being involuntary towed – Apportionment of liability.
SCM FINANCIAL OVERSEAS LTD v RAGA ESTABLISHMENT LTD
[2018] Lloyd's Rep. Plus 59
Arbitration – Refusal to defer award pending the outcome of legal proceedings in Ukraine – Whether failure to defer constituted serious irregularity – Substantial injustice – Arbitration Act 1996, sections 1, 33 and 68(2)(a).
TRIPLE SEVEN MSN 27251 LTD AND ANOTHER v AZMAN AIR SERVICES LTD
[2018] Lloyd's Rep. Plus 60
Contract – Mistake – Claimant and defendant concluding lease agreements whereby defendant leased two Boeing 777 aircraft from claimants for five-year period – Aircraft to be used for transporting passengers from West Africa to Saudi Arabia for Hajj and Umrah pilgrimages – Saudi authorities excluding defendant from participation in 2016 Hajj airlift – Defendant refusing to accept delivery of aircraft – Claimants terminating lease agreements and claiming damages – Whether lease agreements void for common mistake.
NORI HOLDINGS LTD AND OTHERS v PUBLIC JOINT-STOCK COMPANY BANK OTKRITIE FINANCIAL CORPORATION
[2018] Lloyd's Rep. Plus 61
Arbitration – Anti-suit injunction – Arbitrability where company in administration – Exercise of discretion – Delay – Availability of anti-suit injunction in respect of judicial proceedings elsewhere in EU – Senior Courts Act 1981, section 37 – Brussels Regulation Recast, Regulation (EU) No 1215/2012.
GRINDROD SHIPPING PTE LTD v HYUNDAI MERCHANT MARINE CO LTD
[2018] Lloyd's Rep. Plus 62
Arbitration – Claim dismissed by tribunal for inordinate and inexcusable delay – Arbitration Act 1996, sections 33, 41(3) and 68(2)(a).
STATI AND OTHERS v THE REPUBLIC OF KAZAKHSTAN
[2018] Lloyd's Rep. Plus 63
Arbitration – Enforcement of arbitration award – Application for enforcement of award contested by allegation of fraud – Trial ordered – Application by claimant for notice of discontinuance – Whether fraud trial should proceed – New York Convention – Arbitration Act 1996, sections 101 and 103 – CPR 38.
UTTAM GALVA STEELS LTD v GUNVOR SINGAPORE PTE LTD
[2018] Lloyd's Rep. Plus 64
Arbitration – Jurisdiction – Whether ruling on jurisdiction was an award – Whether arbitration clause in sale contract extended to disputes under bills of exchange – Delay – Arbitration Act 1996, sections 67 and 73.
SHEEHAN v LLOYD’S NAMES MUNICH RE SYNDICATE LTD
[2018] Lloyd's Rep. Plus 65
Insurance (marine) – Engine damaged by loss of oil – Causation – Whether damage accidentally caused – Whether proximate cause of loss was use of engine or defective design of engine.
ATLAS POWER LTD AND OTHERS v NATIONAL TRANSMISSION AND DESPATCH CO LTD
[2018] Lloyd's Rep. Plus 66
Arbitration – Determination of seat – Effect of choice of seat on supervisory jurisdiction – Whether supervisory jurisdiction could be concurrent – Arbitration Act 1996, sections 2, 3 and 4.
DEUTSCHE BANK AG, LONDON BRANCH v CIMB BANK BERHAD
[2018] Lloyd's Rep. Plus 67
Banking – Letters of credit – Whether discrepancy in tendered documents – Whether company stamp must also contain signature or initials – Whether documentation presented timeously – Whether presentation term of letters of credit provided for different effect from 21-day period under UCP 600 – UCP 600, articles 3 and 14(c).
NAVIGATOR SPIRIT SA v FIVE OCEANS SALVAGE SA (THE "FLAG METTE")
[2018] Lloyd's Rep. Plus 68
Arbitration – Serious irregularity – Salvage arbitration – Salvors appealing award – Appeal arbitrator increasing award in reliance on hypothetical scenario not featuring in grounds of appeal nor in appeal hearing – Whether appeal arbitrator's award should be set aside for serious irregularity – Arbitration Act 1996, section 68.
PERKINS ENGINES CO LTD v GHADDAR AND ANOTHER
[2018] Lloyd's Rep. Plus 69
Arbitration – Anti-suit injunction – Parties to go to arbitration in the absence of "reciprocal enforcement procedures" – Construction of arbitration clause – Senior Courts Act 1981, section 37.
CHINA EXPORT & CREDIT INSURANCE CORPORATION v EMERALD ENERGY RESOURCES LTD
[2018] Lloyd's Rep. Plus 70
Arbitration – Stay of judicial proceedings – Non-exclusive jurisdiction clause – Arbitration clause – Arbitration Act 1996, section 9 – Inherent power of court to stay its proceedings – Whether parties had settled dispute by agreement.
FEHN SCHIFFAHRTS GMBH & CO KG v ROMANI SPA (THE "FEHN HEAVEN")
[2018] Lloyd's Rep. Plus 71
Carriage of goods by sea – Charterers compelled to accept discounts in price from buyers following unauthorised fumigation of cargo – Consignee under straight bill of lading assigning interest in cargo to charterers – Charterers bringing arbitration proceedings against carrier for loss represented by negotiated discounts – Arbitrators holding charterers had title to sue and awarding substantial damages – Whether loss suffered by consignee or by charterers – Whether arbitrators erred in law in awarding charterers damages.
T v V AND ANOTHER
[2018] Lloyd's Rep. Plus 72
Arbitration – Serious irregularity – Peremptory order – Failure by appellant to adhere to peremptory order – Oral hearing only – Correct form of application – Effect of application by arbitrator – Arbitration Act 1996, sections 41(7) and 68.
MOBILE TELECOMMUNICATIONS CO LTD v HRH AL SAUD (T/A SAUDI PLASTIC FACTORY)
[2018] Lloyd's Rep. Plus 73
Arbitration – Anti-suit injunction – Jurisdiction – Issue estoppel – Duty to honour award – Senior Courts Act 1981, section 37.
BNP PARIBAS SA v TRATTAMENTO RIFIUTI METROPOLITANI SPA
[2018] Lloyd's Rep. Plus 74
Conflict of laws – Jurisdiction – Parties entering into two contracts with different jurisdiction clauses – Exclusive jurisdiction – ISDA Master Agreement – Whether dispute at hand – Brussels Regulation (Recast), (EU) No 1215/2012, article 25.
P v Q; Q v R; R v S
[2018] Lloyd's Rep. Plus 75
Arbitration – Time-bar – Disponent owners in chain of voyage chargers making claims against respective charterers – Whether claims brought in time notwithstanding made outside stipulated period – Whether claimants entitled to extension of time – Arbitration Act 1996, section 12.
DEEP SEA MARITIME LTD v MONJASA A/S (THE "ALHANI")
[2018] Lloyd's Rep. Plus 76
Carriage of goods by sea – Limitation of action – Cargo delivered without production of bills of lading – Cargo interests alleging misdelivery by carrier – Cargo interests bringing timeous proceedings against carrier in Tunisia in breach of exclusive jurisdiction clause – Carrier seeking declaration of non-liability in English courts relying on Hague Rules time-bar – Application of Hague Rules time bar to misdelivery claims – Whether commencement of Tunisian proceedings defeated carrier's time-bar defence – Hague Rules 1924, article III rule 6.
SIXTEENTH OCEAN GMBH & CO KG v SOCIÉTÉ GÉNÉRALE
[2018] Lloyd's Rep. Plus 77
Practice – Limitation of time – Bank lending funds to enable construction and purchase of vessel by Iranian company – Bank concluding interest rate swap agreement with purchaser – Sanctions imposed preventing purchaser accessing loan funds – Shipbuilder terminating construction contract – Bank calling in sums due from purchaser – Purchaser paying sum under alleged economic duress – Purchaser bringing claim against bank claiming restitution of sum paid on the grounds of unjust enrichment and/or as damages for breach of swap agreement – Whether claims time-barred – Limitation Act 1980, sections 32(1)(a) and 32(1)(b).
GOODWOOD INVESTMENTS HOLDINGS INC v THYSSENKRUPP INDUSTRIAL SOLUTIONS AG (THE M/Y “PALLADIUM”)
[2018] Lloyd's Rep. Plus 78
Arbitration – Contract – Whether settlement agreement concluded – Subject to Board approval – Arbitration Act 1996, section 45.
AGILE HOLDINGS CORPORATION v ESSAR SHIPPING LTD (THE “MARIA”)
[2018] Lloyd's Rep. Plus 79
Charterparty (time) – Construction – Inter-Club Agreement – Meaning of “similar amendment” – Arbitration – Appeal on question of law – Whether question determined by tribunal – Arbitration Act 1996, section 69
IMS SA AND OTHERS v CAPITAL OIL & GAS INDUSTRIS LTD
[2018] Lloyd's Rep. Plus 80
Contract – Deed of settlement – Whether agreement needed signature – Whether executed.
OREXIM TRADING LTD v MAHAVIR PORT AND TERMINAL PRIVATE LTD AND OTHERS
[2018] Lloyd's Rep. Plus 81
Jurisdiction – Gateways – Good arguable case – Service out of the jurisdiction – Non-insolvency proceedings – Insolvency Act 1986, section 423.
STATI AND OTHERS v THE REPUBLIC OF KAZAKHSTAN
[2018] Lloyd's Rep. Plus 82
Arbitration – Enforcement of arbitration award – Application for enforcement of award contested by allegation of fraud – Trial ordered – Notice of discontinuance by claimants – Application by defendant to set aside notice of discontinuance – New York Convention 1958 – Arbitration Act 1996, sections 101 and 103.
SODZAWICZNY v RUHAN AND OTHERS
[2018] Lloyd's Rep. Plus 83
Arbitration – Claims following settlement agreements – Stay of proceedings – Meaning of "matter ... to be referred to arbitration" – Binding effect of arbitration clause on third party – Contracts (Rights of Third Parties) Act 1999, section 8 – Arbitration Act 1996, sections 9 and 44.
OREXIM TRADING LTD v MAHAVIR PORT AND TERMINAL PRIVATE LTD AND OTHERS
[2018] Lloyd's Rep. Plus 84
Practice - Service of proceedings out of jurisdiction - Claim to set aside transaction at undervalue - Whether claim made "under an enactment" - Whether permission to serve out should be set aside - Insolvency Act 1986, section 423 - CPR Practice Direction 6B, para 3.1(20)(a).
NAVIG8 CHEMICALS POOL INC v GLENCORE AGRICULTURE BV (THE "SONGA WINDS")
[2018] Lloyd's Rep. Plus 85
Carriage of goods by sea – Letter of indemnity – Cargo delivered without production of bill of lading against LOI – Disponent owners bringing claim against sub-charterers under LOI – Clause 38 of voyage charter providing that period of validity of any letter of indemnity to be three months from date of issue – Whether clause 38 incorporated into LOI – Whether claim time-barred.
HARDY EXPLORATION & PRODUCTION (INDIA) INC v GOVERNMENT OF INDIA; INDIA INFRASTRUCTURE FINANCE CO (UK) LTD (THIRD PARTY)
[2018] Lloyd's Rep. Plus 86
Arbitration – Enforcement of award – Third Party Debt Order – Whether debt situated in England – Whether debt due or accruing due – Discretion of court – CPR Part 72.
MOZARD (HK) CO LTD v DACHSER HONG KONG LTD
[2018] Lloyd's Rep. Plus 87
Carriage of goods by air – Limitation of liability – Carrier delivering cargo without production of original air waybill – Whether Montreal Convention had direct compulsory application – Whether Montreal Convention applied contractually – Construction of express limitation clause – Whether carrier precluded from relying on limitation clause on basis of fundamental breach – Whether limitation clause satisfied requirements of reasonableness – Carriage by Air Ordinance (Cap 500) – Control of Exemption Clauses Ordinance (Cap 71).
BOSPHORUS QUEEN SHIPPING LTD CORPORATION v RAJAVARTIOLAITOS (THE "BOSPHORUS QUEEN")
[2018] Lloyd's Rep. Plus 88
International Law of the Sea – European Union law – Ship source oil pollution – Foreign vessel discharging oil in coastal state's exclusive economic zone – Entitlement of coastal state to detain and fine foreign vessel – United Nations Convention on the Law of the Sea 1982, article 220(6) and EU Directive 2005/35/EC, article 7(2).
ZURICH INSURANCE PLC AND ANOTHER v ABNORMAL LOAD SERVICES (INTERNATIONAL) LTD
[2018] Lloyd's Rep. Plus 89
Carriage of goods by road - Jurisdiction - Goods lost in transit between Finland and United Kingdom - Consignor and insurers bringing proceedings against carrier in courts of Finland - Whether Finnish courts had jurisdiction - Place where services were provided - Council Regulation (EC) No 44/2001, article 5(1)(b).
DREYMOOR FERTILISERS OVERSEAS PTE LTD v EUROCHEM TRADING GMBH AND ANOTHER
[2018] Lloyd's Rep. Plus 90
Arbitration – Evidence – US court making disclosure order against witness in BVI proceedings – Parallel arbitration proceedings in England – Whether injunction should be granted to prevent enforcement of US order in England – Senior Courts Act 1981, section 51 – Arbitration Act 1996, section 44.
PAO TATNEFT v UKRAINE
[2018] Lloyd's Rep. Plus 91
Arbitration – Enforcement of award – Bilateral Investment Treaty – Whether state immunity defence available – Effect of failing to plead jurisdictional issues in arbitration – Interpretation of BIT – Arbitration Act 1996, section 101 – State Immunity Act 1978, sections 1 and 9 – Vienna Convention 1969, articles 31 and 32.
SEADRILL GHANA OPERATIONS LTD v TULLOW GHANA LTD
[2018] Lloyd's Rep. Plus 92
Contract - Force majeure - Hirer of oil rig terminating contract on ground of force majeure - Whether hirer entitled to rely on force majeure clause - Whether VAT payable on sums due to owner - Whether withholding tax payable - Ghana VAT Act, section 42 - Ghana Petroleum Income Tax Act 1987.
NATWEST MARKETS PLC (FORMERLY KNOWN AS THE ROYAL BANK OF SCOTLAND PLC) v STALLION EIGHT SHIPPING CO SA (THE "MV ALKYON")
[2018] Lloyd's Rep. Plus 93
Admiralty practice - Arrest of vessel by mortgagee - Shipowner applying for order releasing vessel from arrest unless mortgagee provided cross-undertaking in damages - Whether cross-undertaking should be imposed as condition of release.
MOUNT ISA MINES LTD v THE SHIP “THOR COMMANDER”
[2018] Lloyd's Rep. Plus 94
Carriage of goods by sea – Engine breakdown – Whether carrier in breach of contract of carriage – Whether contract of carriage was charterparty or bill of lading – Whether cargo interests entitled to sue under straight bill of lading – Whether vessel was in need of salvage – Whether salvage settlement was reasonable – Whether cargo interests entitled to recover transhipment costs – Whether cargo interests liable to contribute in general average – Carriage of Goods by Sea Act 1991 (Cth), schedule 1A, sections 3, 7 and 10 – Amended Hague Rules, articles 3 and 10 – Sea-Carriage Documents Act 1996 (Qld), sections 3, 6 and 8 – York-Antwerp Rules 1994, Rule D.
SEA MASTER SHIPPING INC v ARAB BANK (SWITZERLAND) LTD (THE "SEA MASTER")
[2018] Lloyd's Rep. Plus 95
Arbitration - Jurisdiction - Whether holder of bill of lading bound to submit to arbitration of demurrage dispute notwithstanding it had not exercised rights of suit - Carriage of Goods by Sea Act 1992, section 2 - Arbitration Act 1996, section 67.
CHINA MACHINE NEW ENERGY CORPORATION v JAGUAR ENERGY GUATEMALA LLC AND ANOTHER
[2018] Lloyd's Rep. Plus 96
Arbitration – ICC Rules – Appeal against award – Natural justice – Validity and appropriateness of order for disclosure on “Attorneys’ Eyes Basis” – Whether tribunal considered all issues put to them – Equal treatment of parties – Duty of parties to arbitrate in good faith – Allegation of “guerrilla tactics” – Relevance of allegations of corruption against the respondent’s employees.
VOLCAFE LTD AND OTHERS v COMPANIA SUD AMERICANA DE VAPORES SA
[2018] Lloyd's Rep. Plus 97
Carriage of goods by sea - Burden of proof - Cargo of containerised bagged coffee beans found to be damaged by condensation - Inherent vice - Whether carrier failed properly and carefully to load and carry the goods - Hague Rules, article III, rule and article IV rule 2(m).
DERA COMMERCIAL ESTATE v DERYA INC (THE "SUR")
[2018] Lloyd's Rep. Plus 98
Arbitration - Delay - Whether arbitration tribunal erred in law in striking out proceedings for inordinate and inexcusable delay - Whether serious irregularity - Whether tribunal guilty of apparent bias - Arbitration Act 1996, sections 41(3), 68 and 69.
CLEARLAKE SHIPPING PTE LTD v PRIVOCEAN SHIPPING LTD (THE "PRIVOCEAN")
[2018] Lloyd's Rep. Plus 99
Charterparty (Time) – Negligent stowage plan involving unnecessary strapping in cargo hold – Whether costs of strapping for owners' or charterers' account – Whether negligence in relation to stowage plan was negligence in management of ship or in management of cargo – NYPE form, clause 2 – US COGSA, section 4(2).
MAMANCOCHET MINING LTD v AEGIS MANAGING AGENCY LTD AND OTHERS
[2018] Lloyd's Rep. Plus 100
Insurance (marine) – Effect of US and EU sanctions on dealings with Iran – Whether payment under a lawful policy exposed insurers to sanctions under US or EU law.
POLARIS SHIPPING CO LTD v SINORICHES ENTERPRISES CO LTD (THE “OCEAN VIRGO”)
[2018] Lloyd's Rep. Plus 101
Charterparty (Time) – Speed and consumption warranty – Good weather periods – Whether 24 consecutive hours running from noon to noon – Whether charterers had proved breach of performance warranty.
HARMS AND OTHERS v VUELING AIRLINES SA
[2018] Lloyd's Rep. Plus 102
Aviation – Airline travel – Reimbursement of price of ticket where flight cancelled – Whether reimbursement by airline included agent's commission – Regulation (EC) No 261/2004, article 8(1).
EASTERN EUROPEAN ENGINEERING LTD v VIJAY CONSTRUCTION (PROPRIETARY) LTD
[2018] Lloyd's Rep. Plus 103
Arbitration - Enforcement of foreign award - Issue estoppel based on dismissal of challenge in curial court and in other enforcement proceedings - Whether tribunal properly constituted - Whether respondent able to present case - Public policy - Inability to present case - Arbitration Act 1996, sections 103(2) and (3).
RJ AND ANOTHER v HB
[2018] Lloyd's Rep. Plus 104
Arbitration - Serious irregularity - Arbitrator giving a remedy not sought by the parties - Whether award should be set aside or remitted - Whether arbitrator should be removed - Arbitration Act 1996, sections 24 and 68.
BROADGRAIN COMMODITIES INC v CONTINENTAL CASUALTY CO
[2018] Lloyd's Rep. Plus 105
Insurance (marine) – Goods shipped under CIF contract – Certificates of insurance assigned to buyer – Goods damaged in transit – Claim by seller – Whether seller had insurable interest – Whether seller suffered loss – Waiver and estoppel – Canadian Marine Insurance Act 1993 – UK Marine Insurance Act 1906, sections 5, 7, 8 and 14.