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BTN AND ANOTHER v BTP AND ANOTHER

Arbitration – Tribunal ruling that it was bound by decisions of the Malaysian Industrial Court – Whether tribunal had jurisdiction – Procedural irregularity – Public policy.

[2020] 1 Lloyd's Rep. 1

K v A

Sale of goods (fob) – Payment of price – Seller emailing invoice to broker directing buyer to make payment to specified bank account – Fraudster intercepting email and directing payment to be made to fraudulent account – Buyer making payment to fraudulent account – Whether risk of fraud on buyer or seller – Whether buyer complied with contractual payment obligation – Whether arbitration tribunal erred in law – Whether serious irregularity – Arbitration Act 1996, sections 68 and 69.

[2020] 1 Lloyd's Rep. 28

LEIDOS INC v THE HELLENIC REPUBLIC

Arbitration – Enforcement of award – Arbitration Act 1996, sections 101 and 103 – Costs – CPR 44 and 62.18.

[2020] 1 Lloyd's Rep. 37

BNA v BNB AND ANOTHER

Arbitration – Law applicable to arbitration agreement – Whether applicable law followed main agreement or seat – Whether seat of arbitration in PRC or Singapore.

[2020] 1 Lloyd's Rep. 55

MINISTER OF FINANCE AND ANOTHER v INTERNATIONAL PETROLEUM INVESTMENT CO AND ANOTHER

Challenge to arbitration award – Jurisdiction and serious irregularity – Parties agreeing that disputes arising about an award were to be arbitrated – Whether English court should stay proceedings pending second arbitration – Whether anti-arbitration should be granted – Arbitration Act 1996, sections 67 and 68 – Senior Courts Act 1981, section 37.

[2020] 1 Lloyd's Rep. 93

GN v ZU (AS ADMINISTRATOR IN THE INSOLVENCY OF NIKI LUFTFAHRT GMBH)

Carriage of passengers by air – Air carrier liability in the event of accidents – Concept of “accident” – Spillage of a cup of coffee placed on the tray table of a seat – Bodily injuries caused to the passenger – Convention for the Unification of Certain Rules for International Carriage by Air 1999 (Montreal Convention), article 17(1).

[2020] 1 Lloyd's Rep. 124

WILMAR TRADING PTE LTD v HEROIC WARRIOR INC (THE “BUM CHIN”)

Sale of goods (fob) – Damage to goods – No bills of lading issued – Whether implied contract between buyers and shipowner – Title to sue – Whether buyers entitled to sue shipowner in contract and/or in tort – Whether shipowner owed duty of care to buyers – Whether shipowner in breach of duty of care.

[2020] 1 Lloyd's Rep. 130

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.

[2020] 1 Lloyd's Rep. 178

GA-HYUN CHUNG v SILVER DRY BULK CO LTD

Arbitration – Jurisdiction – Validity of appointment of arbitrator – Whether claimant's challenge was to “substantive jurisdiction” – Whether effect of Marshall Islands statute was to extend life of company after dissolution to enable arbitration proceedings to be served on it – Arbitration Act 1996, section 67.

[2020] 1 Lloyd's Rep. 193

HARMONY INNOVATION SHIPPING PTE LTD v CARAVEL SHIPPING INC (THE “UNIVERSAL BREMEN”)

Practice – Mandatory injunction – Letter of indemnity – Cargo of coal discharged without bills of lading – Head charterer and sub-charterer providing back-to-back letters of indemnity – Bank arresting vessel in Singapore – Court granting head charterer mandatory injunction requiring sub-charterer to provide security and take all necessary steps to secure release of vessel – Sub-charterer applying to discharge injunction – Whether triable issue that cargo had been delivered – Whether injunction should be discharged.

[2020] 1 Lloyd's Rep. 206

REPUBLIC OF KOREA v DAYYANI AND OTHERS

Arbitration – Jurisdiction – Bilateral investment treaty – Meaning of “investment” – Vienna Convention on the Law of Treaties 1969 – Arbitration Act 1996, section 67.

[2020] 1 Lloyd's Rep. 212