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Lloyd's Law Reports

AITEO EASTERN E&P CO LTD v SHELL WESTERN SUPPLY AND TRADING LTD

[2023] 1 Lloyd's Rep. 1
Arbitration – Jurisdiction – Optional arbitration clause – Whether option to arbitrate had been exercised – Effect of exercise of option – Arbitration Act 1996, section 67.

OCM MARITIME NILE LLC AND ANOTHER v COURAGE SHIPPING CO AND OTHERS (THE "COURAGE" AND THE "AMETHYST")

[2023] 1 Lloyd's Rep. 13
Charterparty (demise) - Effect of sanctions - Registered owner seeking possession of vessels - Construction of charterparty terms - Entitlement to buy vessel at end of charterparty period - Relief from forfeiture - Risk of becoming subject to sanctions regime - Barecon 2001.

OVERSEA-CHINESE BANKING CORPORATION LTD v OWNER AND/OR DEMISE CHARTERER OF THE VESSEL “STI ORCHARD” WINSON OIL TRADING PTE LTD (INTERVENING)

[2023] 1 Lloyd's Rep. 22
Contract (bills of lading) – Breach – Misdelivery – Delivery of cargo without production of the bill of lading – Rights of suit of bank holding bills of lading – Lawful holder – Possession in good faith – Consent to discharge without production of bill of lading.

PJSC NATIONAL BANK TRUST AND ANOTHER v MINTS AND OTHERS

[2023] 1 Lloyd's Rep. 37
Arbitration – Effect of arbitration award on third parties – Privity principle – Issue estoppel – Abuse of process – Arbitration Act 1996, sections 58 and 82.

AQUAVITA INTERNATIONAL SA v INDAGRO SA

[2023] 1 Lloyd's Rep. 61
Arbitration – Anti-suit injunction – Application to foreign court for security – Whether application would be determinative of dispute – Senior Courts Act 1981, section 37.

CM P-MAX III LTD v PETROLEOS DEL NORTE SA (THE MT “STENA PRIMORSK”)

[2023] 1 Lloyd's Rep. 67
Charterparty (voyage) – Demurrage – Safety decisions by master – Under-keel clearance policy – Vessel leaving berth without discharging due to safety concerns about under-keel clearance – Notice of readiness – Free pratique.

NATIONAL IRANIAN OIL CO v CRESCENT PETROLEUM CO INTERNATIONAL LTD AND ANOTHER

[2023] 1 Lloyd's Rep. 76
Arbitration - Error of law - Application for permission to appeal - Whether parties had agreed to exclude right to seek permission to appeal - Whether permission to appeal should be granted - Arbitration Act 1996, section 69.

ROYAL & SUN ALLIANCE INSURANCE LTD AND OTHERS v TUGHANS

[2023] 1 Lloyd's Rep. 90
Arbitration – Insurance (professional indemnity) – Jurisdiction – Serious irregularity – Error of law – Arbitration Act 1996, sections 33, 67, 68 and 69.

ARI v WXJ

[2023] 1 Lloyd's Rep. 123
Arbitration – Response to arbitration notice – Whether arbitrator validly appointed – Relationship between arbitrator and parties – Arbitration Act 1996, section 14.

CVG v CVH

[2023] 1 Lloyd's Rep. 130
Arbitration – Emergency arbitrator – Whether award enforceable under the New York Convention – Jurisdiction – Breach of the rules of natural justice.

EGF v HVF AND OTHERS

[2023] 1 Lloyd's Rep. 139
Arbitration – Allegation of apparent bias by “Witness Statement Ruling” – Reasons for ruling – Power to make interim payments order – Whether order an award – Excess of jurisdiction – Excess of powers – Serious irregularity – UNCITRAL Rules, article 34 – Arbitration Act 1996, sections 24, 30, 39, 58, 67 and 68.

JDA CO LTD AND OTHERS v AIG INSURANCE NEW ZEALAND LTD AND OTHERS

[2023] 1 Lloyd's Rep. 157
Insurance (marine) – Declaration policy – Definition of “assured” under policy – Effect of assured's failure to nominate terms of coverage – Estoppel by convention – Effect of failure to make proper declarations of insured subject matter – Breach of warranty – Marine Insurance Act 1908 (NZ), section 34.

NATIONAL INVESTMENT BANK LTD v ELAND INTERNATIONAL (THAILAND) CO LTD AND ANOTHER

[2023] 1 Lloyd's Rep. 174
Arbitration – Jurisdiction – Effect of appointment of arbitrator by the court on the right to contest jurisdiction – Waiver of permissive arbitration clause – Validity of notice of arbitration – Issue estoppel – Arbitration Act 1996, sections 14, 18 and 72.

NDK LTD v HUO HOLDING LTD AND ANOTHER

[2023] 1 Lloyd's Rep. 183
Arbitration – Jurisdiction – Relationship between Articles of Association and Shareholders' Agreement – Whether arbitration clause in Shareholders' Agreement applies to disputes under Articles of Association – Arbitrability of shareholder disputes – Arbitration Act 1996, sections 30 and 67.

NDK LTD v HUO HOLDING LTD (NO 2)

[2023] 1 Lloyd's Rep. 204
Arbitration – Jurisdiction – Severability of arbitration clause – Arbitration Act 1996, sections 7 and 67.

RQP v ZYX

[2023] 1 Lloyd's Rep. 212
Arbitration – Jurisdiction – Meaning of “award” – Set-off – Termination of arbitration agreement following repudiation – Enforcement of peremptory order – Arbitration Act 1996, sections 33, 41, 42, 52 and 67.

S3D INTERACTIVE INC v OOVEE LTD

[2023] 1 Lloyd's Rep. 228
Arbitration – Peremptory order made by arbitrator – Application to court for enforcement – Whether court required to determine jurisdictional challenge to arbitrator before granting enforcement – Arbitration Act 1996, sections 1, 30, 41, 42, 66 and 67.

DC BARS LTD AND ANOTHER v QIC EUROPE LTD

[2023] 1 Lloyd's Rep. 239
Insurance (business interruption) – Arbitration – Clause requiring arbitration of quantum disputes – Whether dispute purely about quantum – Stay of proceedings – Arbitration Act 1996, section 9.

DHL PROJECT & CHARTERING LTD v GEMINI OCEAN SHIPPING CO LTD (THE “NEWCASTLE EXPRESS”)

[2023] 1 Lloyd's Rep. 245
Arbitration – Jurisdiction – Separability – Charterparty – Effect of “subject” – Whether there was agreement for a charterparty and an arbitration clause – Arbitration Act 1996, sections 7 and 67.

NATIONAL OILWELL VARCO NORWAY AS v KEPPEL FELS LTD

[2023] 1 Lloyd's Rep. 263
Arbitration – Enforcement of award – Proceedings conducted in name of company no longer in existence – Whether award in favour of the company was enforceable – Succession – Estoppel.

WSB v FOL

[2023] 1 Lloyd's Rep. 286
Arbitration – Order dismissing appeal and application for permission to appeal without a hearing – Appeal against decision not to hold oral hearing – Civil Procedure Rules 3.3 and 23.8 – Commercial Court Guide 2022 – Arbitration Act 1996, sections 60, 61, 67, 68 and 69.

BARTON AND OTHERS v MORRIS AND ANOTHER

[2023] 1 Lloyd's Rep. 297
Contract – Whether commission payable for introduction of purchaser – Express term – Term implied in fact – Term implied in law – Unjust enrichment.

NIGERIAN AGIP EXPLORATION LTD v GEC PETROLEUM DEVELOPMENT CO LTD

[2023] 1 Lloyd's Rep. 341
Arbitration – Anti-suit injunction – Foreign proceedings challenging English award – Jurisdiction to grant relief.

BUHEIRY v VISTAJET LTD

[2023] 1 Lloyd's Rep. 347
Arbitration – Jurisdiction – Serious irregularity – Whether rights validly assigned to arbitration creditor – Whether proper notice of arbitration given to arbitration debtor – Arbitration Act 1996, sections 67 and 68.

FAIRPARK ESTATES LTD AND OTHERS v HEALS PROPERTY DEVELOPMENTS LTD

[2023] 1 Lloyd's Rep. 359
Arbitration – Stay of proceedings – Whether a step in the proceedings had been taken by a Consent Order – Whether a step in the proceedings applied to all claims – Arbitration Act 1996, section 9.

FIMBANK PLC v KCH SHIPPING CO LTD (THE “GIANT ACE”) (NO 2)

[2023] 1 Lloyd's Rep. 381
Contracts (bills of lading) – Misdelivery – Claim for misdelivery following discharge – Time bar – Whether Hague-Visby Rules time bar applicable to claims for misdelivery of cargo after discharge from the vessel – Contractual application of Hague-Visby Rules – Period between discharge and delivery – “Carver implied term” – Hague-Visby Rules, article III rule 6.

HOLLEMAN SPECIAL TRANSPORT & PROJECT CARGO SRL v CO UK SHIPPING AND TRADING LTD

[2023] 1 Lloyd's Rep. 398
Contract of carriage (road) – Freight – Set-off – Daily rate payment under carriage or transport contract not amounting to freight – Set-off permitted – Construction of contracts – Contextual issues – Convention on Contracts for the International Carriage of Goods by Road 1956.

ARGENTUM EXPLORATION LTD v THE SILVER AND ALL PERSONS CLAIMING TO BE INTERESTED IN AND/OR TO HAVE RIGHTS IN RESPECT OF, THE SILVER: SECRETARY OF STATE FOR TRANSPORT AND ANOTHER (INTERVENERS)

[2023] 1 Lloyd's Rep. 405
Salvage - Silver bars salvaged from seabed after 70 years - Salvage claim - Party acknowledging service as owners asserting sovereign immunity - Meaning of phrase "in use or intended for use for commercial purposes" in relation to cargo - Meaning of "wreck" - Powers of Receiver of Wreck to determine salvage - State Immunity Act 1978, sections 10 and 13

EASTERN PACIFIC CHARTERING INC v POLA MARITIME LTD (THE “DIVINEGATE”)

[2023] 1 Lloyd's Rep. 442
Charterparty (trip time) - Performance warranty - Good weather method - Slow steaming - Hull fouling - Wrongful arrest - Information forming the basis of arrest - NYPE 1946.

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