Lloyd's Law Reports

HALLIBURTON CO v CHUBB BERMUDA INSURANCE LTD

Arbitration – Removal of arbitrator – Potential bias – Test for potential bias – Whether arbitrator should have disclosed other later appointments – Arbitration Act 1996, sections 24 and 33.

[2021] 1 Lloyd's Rep. 1

DAELIM CORPORATION v BONITA CO LTD AND OTHERS (THE “DL CARNATION”)

Practice – Injunction to preserve assets in support of arbitration proceedings – Claimant and defendant each asserting debt as against third party – Third-party debtor willing to pay to whomever it was obliged to pay – Defendant refusing to agree to debt being paid into joint account on appropriate terms – Claimant obtaining ex parte injunction restraining defendant from taking steps to recover debt from third party – Whether injunction should be discharged – Arbitration Act 1996, section 44(3).

[2021] 1 Lloyd's Rep. 37

LENKOR ENERGY TRADING DMCC v PURI

Recognition and enforcement of foreign judgment – Ground for refusing enforcement – Public policy – Illegality.

[2021] 1 Lloyd's Rep. 47

JENNINGS v TUI UK LTD (T/A THOMSON CRUISES)

Admiralty – Personal injury action – Claimant sustaining injury on fixed walkway while disembarking from cruise ship – Whether incident occurred in course of carriage – Whether Athens Convention applied – Whether incident caused by fault or neglect of cruise operator – Whether defendants liable under Package Travel Regulations – Athens Convention 1974, articles 1(8) and 3 – Package Travel, Package Holidays and Package Tours Regulations 1992.

[2021] 1 Lloyd's Rep. 61

MAHAPATRA v TUI UK LTD

Admiralty – Personal injury action – Claimant sustaining injury on fixed walkway while disembarking from cruise ship – Whether injury occurred in course of carriage – Whether Athens Convention applied – Whether defendant entitled to summary judgment – Whether claimant entitled to amend particulars of claim to include new claim based on Package Travel Regulations – Athens Convention 1974, articles 1(8) and 3 – Package Travel, Package Holidays and Package Tours Regulations 1992 – Civil Procedure Rules 17.4(2) and 24.

[2021] 1 Lloyd's Rep. 71

ALEXANDER BROTHERS LTD (HONG KONG SAR) v ALSTOM TRANSPORT SA AND ANOTHER

Arbitration – Enforcement of award – Public policy – Failure to disclose material facts to judge – Issue estoppel – Arbitration Act 1996, section 103.

[2021] 1 Lloyd's Rep. 79

FIMBANK PLC v DISCOVER INVESTMENT CORPORATION (THE “NIKA”)

Practice – Freezing injunction – Claimant bank asserting claim against defendant shipowner for delivery of cargo without production of bills of lading – Claimant obtaining freezing injunction on ex parte basis – Defendant applying to discharge injunction – Whether good arguable case on the merits – Whether claimant make full and frank disclosure.

[2021] 1 Lloyd's Rep. 109

FEDERAL REPUBLIC OF NIGERIA v PROCESS & INDUSTRIAL DEVELOPMENTS LTD

Arbitration – Extension of time for an appeal – Enforcement order made – Discovery of alleged fraud – Appeal against the award – Extension of time – Arbitration Act 1996, sections 67, 68, 70(3) and 80(5).

[2021] 1 Lloyd's Rep. 121

HERCULITO MARITIME LTD AND OTHERS v GUNVOR INTERNATIONAL BV AND OTHERS (THE “POLAR”)

General average – Vessel kidnapped and held to ransom by pirates in Gulf of Aden – Shipowners paying ransom for release of vessel – Shipowners seeking to recover ransom payment from bill of lading holders as general average contribution – Charterparty providing for charterers to pay premiums for war risks and kidnap and ransom insurance – Whether relevant charterparty provisions incorporated into bills of lading – Whether shipowners precluded from recovering contribution from bill of lading holders.

[2021] 1 Lloyd's Rep. 150

SENIORITY SHIPPING CORPORATION SA v CITY SEED CRUSHING INDUSTRIES LTD (THE “JOKER”)

Practice – Anti-suit injunction – Bills of lading expressly incorporating charterparty Law and Arbitration Clause – Charterparty providing for English law and London arbitration – Applicable law governing issue of incorporation – Bill of lading holders bringing cargo claim in Bangladesh in breach of London arbitration clause – Owners bringing proceedings in England claiming final anti-suit injunction – Whether injunction should be granted – Rome I Regulation (Regulation (EC) No 593/2008), articles 10(1) and (2).

[2021] 1 Lloyd's Rep. 169

ULUSOY DENIZILIK AS v COFCO GLOBAL HARVEST (ZHANGJIAGANG) TRADING CO LTD (THE “ULUSOY-11”)

Practice – Anti-suit injunction – Bills of lading expressly incorporating charterparty Law and Arbitration Clause – Applicable law governing issue of incorporation – Identity of governing charterparty – Whether Law and Arbitration Clause incorporated into bills of lading – Bill of lading holders bringing cargo claim in China – Whether breach of London arbitration clause – Whether owners entitled to anti-suit injunction – Rome I Regulation (Regulation (EC) No 593/2008), articles 10(1) and (2).

[2021] 1 Lloyd's Rep. 177

GRACE OCEAN PRIVATE LTD v MV “BULK POLAND”

Practice – Anti-suit injunction – Bills of lading expressly incorporating charterparty Law and Arbitration Clause – Charterparty providing for English law and London arbitration – Applicable law governing issue of incorporation – Bill of lading holders bringing cargo claim in China in breach of London arbitration clause – Owners bringing proceedings in England and applying for interim anti-suit injunction – Whether injunction should be continued – Rome I Regulation (Regulation (EC) No 593/2008), articles 10(1) and (2).

[2021] 1 Lloyd's Rep. 194

GUARDIAN OFFSHORE AU PTY LTD v SAAB SEAEYE LEOPARD 1702 REMOTELY OPERATED VEHICLE LATELY ON BOARD THE SHIP “OFFSHORE GUARDIAN” AND ANOTHER

Admiralty jurisdiction – Action in rem against remotely operated underwater vessel (ROV) – Whether ROV a “ship” – Whether court had in rem jurisdiction – Admiralty Act 1988 (Cth), section 3.

[2021] 1 Lloyd's Rep. 201

KELLETT v RCL CRUISES LTD AND OTHERS

Negligence – Package holiday – Plaintiff sustaining personal injury in course of “White Knuckle Jet Boat Thrill Ride” – Whether cruise line operator and travel agent liable – Package Holidays and Travel Trade Act 1995, section 20.

[2021] 1 Lloyd's Rep. 213