We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

Lloyd's Law Reports RSS feed

EASTERN EUROPEAN ENGINEERING LTD v VIJAY CONSTRUCTION (PROPRIETARY) LTD

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).

[2019] 1 Lloyd's Rep. 1

VOLCAFE LTD AND OTHERS v COMPANIA SUD AMERICANA DE VAPORES SA

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 2 and article IV rule 2(m).

[2019] 1 Lloyd's Rep. 21

W NAGEL (A FIRM) v PLUCZENIK DIAMOND CO NV

Agency – Compensation following termination of agency relationship – Meaning of “commercial agent” – Commercial Agents (Council Directive) Regulations 1993 (SI 1993 No 3053), Regulation 2 – Breach of agreement not to terminate agency – Measure of damages.

[2019] 1 Lloyd's Rep. 36

ZURICH INSURANCE PLC AND ANOTHER v ABNORMAL LOAD SERVICES (INTERNATIONAL) LTD

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).

[2019] 1 Lloyd's Rep. 53

DERA COMMERCIAL ESTATE v DERYA INC (THE “SUR”)

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.

[2019] 1 Lloyd's Rep. 57

OREXIM TRADING LTD v MAHAVIR PORT AND TERMINAL PRIVATE LTD AND OTHERS

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).

[2019] 1 Lloyd's Rep. 89

MARTY LTD v HUALON CORPORATION (MALAYSIA) SDN BHD

Arbitration – Jurisdiction – Respondent commenced judicial proceedings in breach of an arbitration clause – Whether the respondent was in repudiatory breach of arbitration agreement – Whether the appellant had accepted the repudiation – Whether arbitrator had jurisdiction over the dispute between the parties.

[2019] 1 Lloyd's Rep. 113

SHAGANG SHIPPING CO LTD (IN LIQUIDATION) v HNA GROUP CO LTD

Bribery – Claim under guarantee for performance of charterparty – Allegation that charterparty procured by bribery and unenforceable – Evidence of bribery allegedly obtained by torture – Whether charterparty enforceable.

[2019] 1 Lloyd's Rep. 150

MOUNT ISA MINES LTD v THE SHIP “THOR COMMANDER”

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.

[2019] 1 Lloyd's Rep. 167