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Lloyd's Law Reports RSS feed

A v B

Arbitration – Assignment of arbitration clause – International Chamber of Commerce Arbitration Rules – Arbitration Act 1996, sections 30, 67, 68 and 73.

[2017] 1 Lloyd's Rep. 1

COLLINS v LAWRENCE

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.

[2017] 1 Lloyd's Rep. 13

EMMOTT v MICHAEL WILSON & PARTNERS LTD

Arbitration – Anti-suit injunction – Cause of action estoppel – Issue estoppel – Abuse of process – Senior Courts Act 1981, section 37.

[2017] 1 Lloyd's Rep. 21

VOLCAFE LTD AND OTHERS v COMPANIA SUD AMERICANA DE VAPORES SA (TRADING AS “CSAV”)

Carriage of goods by sea – Consignments of bagged coffee beans in containers carried on LCL/FCL terms – Cargo found to be damaged by condensation – Temporal scope of Hague Rules – Burden of proof – Whether carrier failed properly and carefully to load and carry the goods – Whether carrier entitled to rely on “inherent vice” exception – Whether damage inevitable – Hague Rules, article III rule 2 and article IV rule 2(m).

[2017] 1 Lloyd's Rep. 32

DYNA-JET PTE LTD v WILSON TAYLOR ASIA PACIFIC PTE LTD

Arbitration - Stay of proceedings - Unilateral right of one party to elect for arbitration - Whether clause was agreement to arbitrate - Whether decision to litigate rendered arbitration agreement incapable of being performed.

[2017] 1 Lloyd's Rep. 59

WW PROPERTY INVESTMENTS LTD v NATIONAL WESTMINSTER BANK PLC

Banking - Interest Rate Swaps - Wager - Manipulation of LIBOR - Duty of care - Gaming Act 1845, section 18 - Gambling Act 2005, sections 9 and 10 - Financial Services and Markets Act 2000, section 22 - Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001 No 544), articles 3, 14 and 85.

[2017] 1 Lloyd's Rep. 87

YEGIAZARYAN v SMAGIN

Arbitration - Jurisdiction - Whether clause constituted valid arbitration agreement - Application to Court of Appeal to add additional ground of appeal - Arbitration Act 1996, section 67.

[2017] 1 Lloyd's Rep. 102

BANCO SANTANDER TOTTA SA v COMPANHIA CARRIS DE FERRO DE LISBOA SA AND OTHERS

Banking - Interest Rate Swaps - Applicable law - Express choice of law - Restriction for mandatory rules - Meaning of all the other elements relevant to the situation - Whether article 437 of Portuguese Civil Code constituted mandatory rules - Rome Convention 1980, article 3(3).

[2017] 1 Lloyd's Rep. 113

DTEK TRADING SA v MOROZOV AND ANOTHER

Arbitration - Orders against third parties - Jurisdiction of court to give permission for service outside the jurisdiction - Arbitration Act 1996, section 44 - Civil Procedural Rules, rule 62.5.

[2017] 1 Lloyd's Rep. 126

MICHAEL WILSON & PARTNERS LTD v SINCLAIR AND OTHERS

Arbitration - Abuse of process - Effect of earlier arbitration award on later legal proceedings involving a different party - Whether principle of abuse of process applied to earlier arbitration award.

[2017] 1 Lloyd's Rep. 136

SILVER DRY BULK CO LTD v HOMER HULBERT MARITIME CO LTD

Arbitration - Application for an order where appointment procedure for the tribunal had failed - Application for order for a third party witness statement - Application for letter of request to foreign court for production of evidence - Arbitration Act 1996, sections 18, 43 and 44.

[2017] 1 Lloyd's Rep. 154

GUNN AND OTHERS v DIAZ AND OTHERS

Service out of jurisdiction - Necessary and proper party - Civil Procedure Rules, Part 6, Practice Direction 6B, paras 3.1(9)(a) and 3.1(3) - Regulation 864/2007/EC (Rome II Regulation).

[2017] 1 Lloyd's Rep. 165

MUR JOINT VENTURES BV v COMPAGNIE MONEGASQUE DE BANQUE

Banking - Guarantee - Bank issuing demand guarantee to claimant in respect of joint operations agreement - Claimant making demand under guarantee - Whether demand had to include statement of authentication of powers of signatory - Whether demand defective because not signed by authorised representatives of claimant acting jointly - Whether demand invalid for not being sent by registered mail.

[2017] 1 Lloyd's Rep. 186

STAR POLARIS LLC v HHIC-PHIL INC (THE "STAR POLARIS")

Contract - Shipbuilding contract - Builder guaranteeing defects for period of 12 months after delivery - Contract excluding liability for consequential losses - Vessel suffering serious engine failure - Whether buyer entitled to recover for diminution in value of vessel.

[2017] 1 Lloyd's Rep. 203

EURO-ASIAN OIL SA v ABILO (UK) LTD AND ANOTHER; EURO-ASIAN OIL SA v CREDIT SUISSE AG

Banking - Letter of credit - Sale of goods - Letter of indemnity - Contract for sale of gasoil CIF Constanza - Payment to be made against shipping documents or letter of indemnity - Letter of indemnity signed by seller and by seller's bank - Buyer paying price but receiving no product - Buyer suing seller and seller's bank - Whether contract in fact on CIF terms - Whether buyer liable in deceit - Whether seller entitled to damages - Whether seller's bank entitled to indemnity or contribution from seller.

[2017] 1 Lloyd's Rep. 287

WOOD AND ANOTHER v TUI TRAVEL PLC (TRADING AS FIRST CHOICE)

Supply of goods and services - Claimants contracting with defendant tour operator for provision of "all inclusive" holiday at hotel in Dominican Republic - Claimants suffering from gastroenteritis after consuming food and drink at hotel - Whether consumption of food and drink involved transfer of property - Whether defendant in breach of implied condition that goods supplied would be of satisfactory quality - Supply of Goods and Services Act 1982, section 4(2).

[2017] 1 Lloyd's Rep. 322

COSTAIN LTD v TARMAC HOLDINGS LTD

Arbitration - Stay of proceedings - Whether there was a valid arbitration clause and a dispute within the clause - Whether clause was incapable of being performed by reason of abandonment, repudiation or estoppel - Whether arbitration clause null and void, inoperative or incapable of being performed - Arbitration Act 1996, section 9.

[2017] 1 Lloyd's Rep. 331

NATIONAL INFRASTRUCTURE DEVELOPMENT CO LTD v BANCO SANTANDER SA

Banking - Letter of credit - Bank issuing standby letters of credit in lieu of retention money under construction contract - Bank refusing to honour beneficiary's demands – Beneficiary applying for summary judgment - Test for summary judgment - Whether bank had reasonable prospect of establishing fraud - CPR Part 24.

[2017] 1 Lloyd's Rep. 361

SINOCORE INTERNATIONAL CO LTD v RBRG TRADING (UK) LTD

Arbitration - Award - Enforcement – Public policy - Contract for sale of rolled steel coils - Seller presenting forged bills of lading - Buyer bringing arbitration proceedings in China - Arbitrators issuing award in favour of seller - Seller applying to enforce award - Whether enforcement of award contrary to public policy - New York Convention 1958.

[2017] 1 Lloyd's Rep. 375

TEEKAY TANKERS LTD v STX OFFSHORE & SHIPBUILDING CO LTD (NO 2)

Contract – Option agreement – Claimant having option to purchase additional vessels from defendant shipbuilder – Delivery dates to be “mutually agreed” – Whether option agreement void for uncertainty – Whether defendant repudiated agreement – Estoppel – Privity of interest – Whether defendant estopped from raising arguments on issues determined in previous London arbitrations between defendant and claimant's subsidiary companies – Confidentiality – Whether claimant breached confidentiality of London arbitrations.

[2017] 1 Lloyd's Rep. 387

ALINE TRAMP SA v JORDAN INTERNATIONAL INSURANCE CO

Practice – Anti-suit injunction – Cargo interests bringing foreign proceedings against shipowners and P&I Club – Bills of lading containing London arbitration clause – Foreign court likely to assert jurisdiction under Hamburg Rules – Whether good reason not to grant anti-suit injunction – Whether P&I Club entitled to injunction on basis of English jurisdiction clause in Club's letter of undertaking – Whether foreign proceedings vexatious and oppressive.

[2017] 1 Lloyd's Rep. 467

ASTOR MANAGEMENT AG AND ANOTHER v ATALAYA MINING PLC AND OTHERS

Contract – Sale of interest in mining operation – Deferred Consideration payable when senior debt finance secured – Principle of futility – Whether condition complied with – Obligation to use all reasonable endeavours – Whether obligation void for uncertainty – Implied term of good faith.

[2017] 1 Lloyd's Rep. 476

CELTIC BIOENERGY LTD v KNOWLES LTD

Arbitration – Serious irregularity – Whether respondent guilty of fraud in obtaining award – Extension of time – Arbitration Act 1996, section 68(2)(g).

[2017] 1 Lloyd's Rep. 495

IPCO (NIGERIA) LTD v NIGERIAN NATIONAL PETROLEUM CORPORATION

Arbitration – Enforcement of award – Award subject to challenge in curial courts – Public policy – Security for the sum outstanding – Arbitration Act 1996, sections 103(3) and 103(5) – CPR 3.1(3) – New York Convention 1958, article III.

[2017] 1 Lloyd's Rep. 508

H v L AND OTHERS

Arbitration – Removal of arbitrator – Potential bias – Arbitrator accepting two further appointments – Duty of disclosure – Arbitration Act 1996, sections 24(1)(a) and 33.

[2017] 1 Lloyd's Rep. 553

SU v CLARKSONS PLATOU FUTURES LTD AND ANOTHER

Practice – Limitation of time – Claim for damages against brokers of freight forwarding agreement – Allegations of breach of warranty of authority and negligence – Defendants applying for summary judgment on basis that claims time-barred – Date on which causes of action accrued – Date on which claimant acquired relevant knowledge – Limitation Act 1980, section 14A.

[2017] 1 Lloyd's Rep. 568

KYOKUYO CO LTD v AP MØLLER-MAERSK A/S, TRADING AS “MAERSK LINE”

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 limitation to be applied to each separate package or unit or by reference to total number of packages or units – Whether relevant package or unit was the container or the individual tuna loins or bags – Whether there was a sufficient enumeration of units for limitation purposes – Hague and Hague-Visby Rules, article IV, rule 5.

[2017] 1 Lloyd's Rep. 580

MENA ENERGY DMCC v HASCOL PETROLEUM LTD

Sale of goods (CFR) – Contract for sale of fuel oil – Cargo rejected by discharge port authorities – Whether parties concluded compromise agreement – Whether seller in breach of contract – Whether parties concluded contract for sale of gasoil – Whether buyer in breach for failing to open letters of credit.

[2017] 1 Lloyd's Rep. 607

ALDCROFT v THE INTERNATIONAL COTTON ASSOCIATION LTD

Arbitration – Rules of trade association placing limit on acceptance of repeat appointments by an arbitrator and limiting number of active arbitrations in which an arbitrator might be involved – Whether limitations constituted unreasonable restraint of trade – International Cotton Association Ltd.

[2017] 1 Lloyd's Rep. 635