Lloyd's Law Reports

: 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

: SEA MASTER SHIPPING INC v ARAB BANK (SWITZERLAND) LTD (THE “SEA MASTER”); 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.; [2019] 1 Lloyd's Rep. 101

: 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

: NAUTICAL CHALLENGE LTD v EVERGREEN MARINE (UK) LTD (THE “ALEXANDRA 1” AND “EVER SMART”); Collision action – Crossing rules – Whether applicable to vessel navigating towards narrow channel – Apportionment of liability – International Regulations for Preventing Collisions at Sea 1972, rules 15, 16 and 17.; [2019] 1 Lloyd's Rep. 130

: 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

: ASPEN UNDERWRITING LTD v CREDIT EUROPE BANK NV; Conflict of laws – Jurisdiction – Hull and machinery policy – Recovery of paid insurance proceeds – Settlement agreement – Exclusive jurisdiction clauses in settlement agreement and policy – Whether binding on mortgagee bank – Tort, delict or quasi-delict – Undisclosed principal – “Matters relating to insurance” – Place where harmful event occurred – Insurance – Brussels Regulation Recast, Regulation 1215/2012/EU, articles 7, 10 and 14.; [2019] 1 Lloyd's Rep. 221

: FLEETWOOD WANDERERS LTD (T/A FLEETWOOD TOWN FOOTBALL CLUB) v AFC FYLDE LTD; Arbitration – Jurisdiction – Serious irregularity – Arbitrator relying on extraneous evidence – Waiver – Arbitration Act 1996, sections 68, 69 and 73.; [2019] 1 Lloyd's Rep. 247

: HPOR SERVICOS DE CONSULTORIA LTDA v DRYSHIPS INC AND ANOTHER; Agency – Breach of fiduciary duty – Account of profits – Forfeiture of remuneration – Arbitration Act 1996, section 69.; [2019] 1 Lloyd's Rep. 260

: A v B; Arbitration – Serious irregularity – Substantial injustice – Decision by tribunal to refuse to admit witness evidence – Arbitration Act 1996, sections 33 and 68(2).; [2019] 1 Lloyd's Rep. 275

: BLANCHE v EASYJET AIRLINE CO LTD; Aviation – Delayed flight – Compensation – Whether air traffic management decision an extraordinary circumstance – Regulation 261/2004/EC, recital (15) and articles 5 and 7.; [2019] 1 Lloyd's Rep. 286

: CARPATSKY PETROLEUM CORPORATION v PJSC UKRNAFTA; Arbitration – Enforcement of award – Public policy – Fraud allegedly discovered after arbitration – Arbitration Act 1996, sections 101 and 103.; [2019] 1 Lloyd's Rep. 296

: GENERAL DYNAMICS UNITED KINGDOM LTD v STATE OF LIBYA; Arbitration – Enforcement – Sovereign immunity – Whether enforcement order has to be served on State – Arbitration Act 1996, section 101 – State Immunity Act 1978, section 12 – CPR 6.16, 6.44, 6.28 and 62.18.; [2019] 1 Lloyd's Rep. 309

: J v K; Arbitration – Jurisdiction – Serious irregularity – Construction of dispute resolution clause – Expert determination – Allegation that tribunal reopened earlier award – Arbitration Act 1996, sections 67 and 68.; [2019] 1 Lloyd's Rep. 323

: CHUDLEY v CLYDESDALE BANK PLC; Banking – Bank permitting sums to be paid out of segregated client account without securing undertakings – Whether agreement setting up client account was legally binding – Whether investors could rely upon agreement as third parties – Whether Bank's breach was causative of loss – Contracts (Rights of Third Parties) Act 1999, sections 1(1)(b) and 1(3).; [2019] 1 Lloyd's Rep. 333

: CLASSIC MARITIME INC v LIMBUNGAN MAKMUR SDN BHD AND ANOTHER; Charterparty – Contract of affreightment – Long-term contract for carriage of iron ore pellets from Brazil to Malaysia – Bursting of dam stopping production of iron ore – Owner claiming damages from charterer for failure to make shipments following dam burst – Whether charterer entitled to rely on force majeure clause – Whether owner entitled to substantial damages.; [2019] 1 Lloyd's Rep. 349

: CSSA CHARTERING AND SHIPPING SERVICES SA v MITSUI OSK LINES LTD (THE “PACIFIC VOYAGER”); Charterparty (Voyage) – Charterparty containing cancelling date but no ETA – Nature of owners’ obligation to commence approach voyage – Whether obligation absolute or to use due diligence – Whether cancelling date constituted the time when approach voyage had to be commenced – Vessel delayed through no fault of owners – Whether owners in breach of obligation in relation to approach voyage.; [2019] 1 Lloyd's Rep. 370

: ZAKO SPRL v SANIDEL SA; Agency – Right of compensation for dismissal of commercial agent – Meaning of “commercial agent” – Commercial Agents Directive, European Parliament and Council Directive 86/353/EEC.; [2019] 1 Lloyd's Rep. 377

: A v B; Arbitration – Award – Serious irregularity – Appeal on points of law – Shipowners in breach of clause guaranteeing vessel's approval by oil majors – Whether tribunal guilty of serious irregularity – Whether tribunal erred in awarding charterers loss of profits in addition to wasted expenditure – Whether damages ought to have been awarded on loss of chance principle – Arbitration Act 1996, sections 68 and 69.; [2019] 1 Lloyd's Rep. 385

: MIDNIGHT MARINE LTD AND ANOTHER v THOMAS MILLER SPECIALITY UNDERWRITING AGENCY LTD (THE “LABHAULER”); Arbitration – Award – Respondent challenging award in High Court for serious irregularity and on question of law – Challenges dismissed on paper – Respondent renewing applications by way of oral hearing – Procedure to be adopted for oral hearings – Commercial Court Guide, para O8.5 – Arbitration Act 1996, sections 68 and 69.; [2019] 1 Lloyd's Rep. 399

: NATWEST MARKETS PLC (FORMERLY KNOWN AS THE ROYAL BANK OF SCOTLAND PLC) v STALLION EIGHT SHIPPING CO SA (THE “MV ALKYON”); 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.; [2019] 1 Lloyd's Rep. 406

: SOLETANCHE BACHY FRANCE SAS v AQABA CONTAINER TERMINAL (PVT) CO; Arbitration – Want of jurisdiction – Serious irregularity – Failure by arbitrator to disclose potential links with a relevant third party – Failure by tribunal to deal with all issues – Substantial injustice – Arbitration Act 1996, sections 30, 67, 68 and 82.; [2019] 1 Lloyd's Rep. 423

: AQABA CONTAINER TERMINAL (PVT) CO v SOLETANCHE BACHY FRANCE SAS; Arbitration – Anti-suit injunction – Foreign proceedings brought in contravention of arbitration clause – Senior Courts Act 1981, section 37.; [2019] 1 Lloyd's Rep. 431

: BRIGHT SHIPPING LTD v CHANGHONG GROUP (HK) LTD (THE “CF CRYSTAL” AND THE “SANCHI”); Conflict of laws – Forum non conveniens – Collision at sea within exclusive economic zone of the PRC – Plaintiff bringing proceedings against defendant in Shanghai Maritime Court and also in Hong Kong – Defendant applying for stay of Hong Kong proceedings on grounds of forum non conveniens and lis alibi pendens – Whether Hong Kong proceedings should be stayed in favour of Shanghai Maritime Court.; [2019] 1 Lloyd's Rep. 437

: EURO-ASIAN OIL SA v CREDIT SUISSE AG AND OTHERS; 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 entitled to damages – Measure of damages – Whether seller's bank entitled to full indemnity from seller – Sale of Goods Act 1979, section 51(3).; [2019] 1 Lloyd's Rep. 444

: YUCHAI DONGTE SPECIAL PURPOSE AUTOMOBILE CO LTD v SUISSE CREDIT CAPITAL (2009) LTD; Banking – Letter of credit – Identity of issuer of letter of credit – Extrinsic evidence – Whether issuing bank excluded liability to make payment – Whether claimant estopped by convention from asserting that defendant was issuing bank.; [2019] 1 Lloyd's Rep. 457

: BV NEDERLANDSE INDUSTRIE VAN EIPRODUKTEN v REMBRANDT ENTERPRISES INC; Sale of goods – Fraudulent misrepresentation – Inducement – Transferred loss – Recovery of losses suffered by third party.; [2019] 1 Lloyd's Rep. 491

: CLOSE BROTHERS LTD v AIS (MARINE) 2 LTD (IN LIQUIDATION) AND ANOTHER (THE “OCEAN WIND 8 OF HARTLEPOOL”); Admiralty – Ship mortgage – Sale of vessel by mortgagee in possession – Sale price insufficient to cover mortgage debt – Mortgagee claiming shortfall from guarantor of mortgagor – Whether sale was at an undervalue.; [2019] 1 Lloyd's Rep. 510

: QINGDAO HUIQUAN SHIPPING CO v SHANGHAI DONG HE XIN INDUSTRY GROUP CO LTD; Practice – Anti-suit injunction – Shipowners and cargo receivers concluding settlement agreement containing London arbitration clause – Third party bringing proceedings against shipowners in Chinese courts based on settlement agreement – Whether shipowners entitled to anti-suit injunction against third party.; [2019] 1 Lloyd's Rep. 520

: WARNER v SCAPA FLOW CHARTERS; Practice – Limitation of time – Death of passenger on chartered vessel – Widow bringing action in negligence against charterers on behalf of dependant minor son – Whether claim time-barred – Athens Convention 1974, article 16(3) – Prescription and Limitation (Scotland) Act 1973, section 18.; [2019] 1 Lloyd's Rep. 529

: ZX v RYANAIR DAC; Jurisdiction – Claim for compensation for delayed flight – Jurisdiction based on location of branch – Submission to jurisdiction – Regulation (EU) No 1215/2012, articles 7(5), 17(3) and 26 – Regulation (EC) No 261/2004, article 7.; [2019] 1 Lloyd's Rep. 537

: NAUTICAL CHALLENGE LTD v EVERGREEN MARINE (UK) LTD (THE “Alexandra 1” AND “EVER SMART”)(NO 2); Collision action – Damages – Collision between vessels off Jebel Ali in February 2015 – Reasonableness of time taken to repair vessel – Loss of use of vessel – Impecuniosity – Stigma.; [2019] 1 Lloyd's Rep. 543

: SILVERBURN SHIPPING (IOM) LTD v ARK SHIPPING CO LLC (THE “ARCTIC”); Charterparty (Bareboat) – Charterers contracting to maintain vessel and keep her “with unexpired classification of the class indicated in Box 10” – Whether classification obligation absolute or to reinstate expired class certificates within reasonable time – Whether classification obligation a condition or innominate term of charter – Whether owners entitled to withdraw vessel following expiry of class certificate.; [2019] 1 Lloyd's Rep. 554

: STATE A v PARTY B AND ANOTHER; Arbitration – Appeal against award for want of jurisdiction – Appeal out of time – Application for extension of time – Criteria to be applied – Arbitration Act 1996, sections 67, 70(3) and 80(5).; [2019] 1 Lloyd's Rep. 569

: THE “NUR ALLYA”; Admiralty practice – Service of writ – Collision actions – Plaintiffs issuing writs timeously but failing to serve them within 12 months – Whether plaintiffs entitled to orders extending validity of writs – Relevance of settlement negotiations – Maritime Conventions Act 1911, section 8 – Rules of Court (Cap 322, R5, 2014 Rev Ed), Order 6 rule 4.; [2019] 1 Lloyd's Rep. 578

: ALIZE 1954 AND ANOTHER v ALLIANZ ELEMENTAR VERSICHERUNGS AG AND OTHERS (THE “CMA CGM LIBRA”); General average – Vessel grounding on uncharted shoal leaving port of Xiamen – Whether cargo interests obliged to contribute to general average – Whether actionable fault on part of owners – Whether vessel's passage plan defective – Whether defective passage plan made vessel unseaworthy – Whether owners failed to exercise due diligence – York-Antwerp Rules – Hague Rules, article III, rule 1.; [2019] 1 Lloyd's Rep. 595

: CHARTERED INSTITUTE OF ARBITRATORS v B AND OTHERS; Arbitration – Disciplinary proceedings brought against arbitrator – Disclosure of documents in earlier court proceedings relating to removal of arbitrator – Use of documents in disciplinary hearing – Senior Courts Act 1981, section 19 – CPR 5.4.; [2019] 1 Lloyd's Rep. 617

: GLOBALINK TRANSPORTATION AND LOGISTICS WORLDWIDE LLP v DHL PROJECT & CHARTERING LTD; Practice – Set-off – Freight forwarder claiming sums due from defendant – Defendant admitting claim but setting up cross claim for damages for breach of contract – Whether freight forwarder's claims were for freight – Whether “no set-off” rule applied to cross claim – Whether freight forwarder entitled to summary judgment.; [2019] 1 Lloyd's Rep. 630

: SONACT GROUP LTD v PREMUDA SPA (THE “FOUR ISLAND”); Arbitration – Jurisdiction – Voyage charterparty containing London arbitration clause – Demurrage dispute settled by email exchange – Charterers failing to pay sum agreed – Whether arbitrators had jurisdiction over owners’ claim to recover agreed settlement sum – Arbitration Act 1996, section 67.; [2019] 1 Lloyd's Rep. 643