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: MITSUI & CO LTD AND OTHERS v BETEILIGUNGSGESELLSCHAFT LPG TANKERFLOTTE MBH & CO KG AND ANOTHER (THE “LONGCHAMP”); General average – Vessel seized by pirates in Gulf of Aden – Negotiations for payment of ransom – Whether expenses incurred by shipowner during period of negotiations allowable in general average – York-Antwerp Rules 1974, Rule F.; [2018] 1 Lloyd's Rep. 1

: SINO CHANNEL ASIA LTD v DANA SHIPPING & TRADING PTE SINGAPORE; Arbitration – Jurisdiction – Agency – Whether notice of arbitration validly served on the claimant – Actual and ostensible authority – Ratification – Arbitration Act 1996, sections 72 and 76.; [2018] 1 Lloyd's Rep. 17

: TAURUS PETROLEUM LTD v STATE OIL MARKETING COMPANY OF THE MINISTRY OF OIL, REPUBLIC OF IRAQ; Arbitration – Award – Enforcement – Respondent failing to pay arbitration award – Claimant applying for third party debt order over letters of credit – Whether respondent was beneficiary of debt created by letters of credit – Situs of debt – Whether third party debt order should be made – Whether court entitled to make receivership order.; [2018] 1 Lloyd's Rep. 29

: 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 – Vessel delayed through no fault of owners – Whether owners in breach of obligation in relation to approach voyage.; [2018] 1 Lloyd's Rep. 57

: KYRGYZ REPUBLIC v STANS ENERGY CORPORATION AND ANOTHER; Arbitration - Jurisdiction - Meaning of foreign law - Arbitration Act 1996, section 67.; [2018] 1 Lloyd's Rep. 66

: PAN-UNITED SHIPPING PTE LTD v CUMMINS SALES AND SERVICE SINGAPORE PTE LTD; Contract – Exclusion clause – Defendant contracting to overhaul engines of plaintiff's tugboat – Engine damaged after seizing up during testing – Whether defendant in breach of contract – Whether plaintiff's or defendant's standard terms applied – Whether defendant entitled to limit liability to price of quotation.; [2018] 1 Lloyd's Rep. 95

: COMPANY 1 v COMPANY 2 AND ANOTHER; Arbitration – Interim relief – Order preserving evidence or assets – Whether matter urgent – Whether court should intervene where arbitration had its seat in Switzerland – Arbitration Act 1996, sections 2(3) and 44(3).; [2018] 1 Lloyd's Rep. 115

: STOCKMAN INTERHOLD SA v ARRICANO REAL ESTATE PLC; Arbitration – Award set aside and remitted to arbitrator – Jurisdiction of arbitrator under a remitted arbitration – Jurisdiction to take account of facts arising after issue of first award – Jurisdiction of arbitrator – Whether agreement to extend jurisdiction – Waiver – Whether later award obtained by fraud – Serious irregularity – Arbitration Act 1996, sections 45, 67, 68, 71 and 73.; [2018] 1 Lloyd's Rep. 135

: DANA GAS PJSC v DANA GAS SUKUK LTD AND OTHERS; Contract – Illegality – Mistake – Public policy – Rule against penalties.; [2018] 1 Lloyd's Rep. 177

: OLDHAM v QBE INSURANCE (EUROPE) LTD; Insurance (professional indemnity) – Liability of insurer to pay defence costs – Coverage dispute resolved by arbitrator in favour of insurers – Whether assured required to repay defence costs – Serious irregularity in award on costs – Extension of time for appeal – Arbitration Act 1996, sections 33, 68, 69, 70 and 80.; [2018] 1 Lloyd's Rep. 191

: PHONES 4U LTD (IN ADMINISTRATION) v EE LTD; Contract – Counterclaim for damages for repudiatory breach or renunciation – Contract terminated by defendant by reason of claimant going into administration – Whether claimant in repudiatory breach – Whether defendant could rely upon repudiation or renunciation where termination was not based on breach.; [2018] 1 Lloyd's Rep. 204

: TONICSTAR LTD v ALLIANZ INSURANCE PLC AND ANOTHER; Arbitration – Reinsurance – Qualification of arbitrator – Whether arbitrator should be removed – Arbitration Act 1996, sections 24 and 30.; [2018] 1 Lloyd's Rep. 229

: GLENCORE AGRICULTURE BV (FORMERLY GLENCORE GRAIN BV) v CONQUEROR HOLDINGS LTD (THE “AMITY”); Arbitration – Jurisdiction – Whether tribunal properly constituted – Notice of arbitration sent to personal email address of employee of respondent company – Whether notice of arbitration validly served – Whether agency principles applicable – Whether recipient had actual or ostensible authority to accept notice of arbitration.; [2018] 1 Lloyd's Rep. 233

: PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LTD v SAMSUNG ENGINEERING TRINIDAD CO LTD; Arbitration – Jurisdiction – Meaning of “substantive jurisdiction” – Arbitration Act 1996, section 67.; [2018] 1 Lloyd's Rep. 242

: PROGAS ENERGY LTD AND OTHERS v THE ISLAMIC REPUBLIC OF PAKISTAN; Arbitration – Claim in arbitration rejected and costs awarded against claimant – Appeal against arbitration award for serious irregularity – Application by defendant for security for the costs of the application and security for the costs award – Effect of claim being funded by litigation funders – Arbitration Act 1996, sections 68(2)(d), 70(5) and 70(6).; [2018] 1 Lloyd's Rep. 252

: SCHENKER LTD v NEGOCIOS EUROPA LTD; Carriage of goods by air – Carrier claiming air freight from defendant – Defendant seeking to set off counterclaim for breach of contract of carriage – Whether common-law rule precluding set-off against freight extended to carriage by air.; [2018] 1 Lloyd's Rep. 271

: ST SHIPPING AND TRANSPORT PTE LTD v SPACE SHIPPING LTD (THE “CV STEALTH”) (NO 2); Arbitration – Vessel subjected to prolonged detention by Venezuelan courts – Arbitrator making interim award determining that detention was caused by charterers’ employment order – Arbitrator making subsequent award in respect of owners’ continuing losses – Whether arbitrator applied wrong legal test for causation – Whether events since initial award broke chain of causation – Whether arbitrator erred in making deduction for drydocking expenses potentially saved.; [2018] 1 Lloyd's Rep. 276

: CONNECT SHIPPING INC AND ANOTHER v SVERIGES ANGFARTYGS ASSURANS FORENING (THE SWEDISH CLUB) AND OTHERS (THE “RENOS”); Insurance (marine) – Vessel damaged by fire – Whether vessel a constructive total loss – Whether notice of abandonment validly served – Assessment of costs of repairs – Whether costs incurred before notice of abandonment served to be taken into account – Salvage costs – Suing and labouring – Marine Insurance Act 1906, sections 60, 62 and 88.; [2018] 1 Lloyd's Rep. 285

: 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.; [2018] 1 Lloyd's Rep. 299

: ST SHIPPING AND TRANSPORT PTE LTD AND OTHERS v SPACE SHIPPING LTD AND ANOTHER (THE “CV STEALTH”) (NO 3); Practice – Stakeholder proceedings – Whether “competing claims” – Effect of Rule B attachment – CPR Part 86.; [2018] 1 Lloyd's Rep. 308

: TOPTIP HOLDING PTE LTD v MERCURIA ENERGY TRADING PTE LTD (THE “PAN GOLD”); Contract – Formation – Negotiations for charter of vessel – Owners’ offer expressed to be “Subject to review” of charterer's pro forma charterparty “with logical amendment” – Whether binding contract concluded – Whether any concluded contract void for uncertainty.; [2018] 1 Lloyd's Rep. 316

: TRANSGRAIN SHIPPING (SINGAPORE) PTE LTD v YANGTZE NAVIGATION (HONG KONG) CO LTD (MV “YANGTZE XING HUA”); Charterparty (Time) – NYPE Inter-Club Agreement 1996 – Clause 8(d) – Whether “act” requires fault.; [2018] 1 Lloyd's Rep. 330

: BERKELEY BURKE SIPP ADMINISTRATION LLP v CHARLTON AND ANOTHER; Arbitration – Point of law – Application for permission to appeal from award of Financial Ombudsman Service – Meaning of “arbitration agreement” – Arbitration Act 1996, sections 6, 58 and 69.; [2018] 1 Lloyd's Rep. 337

: GAHAN v EMIRATES; BUCKLEY AND OTHERS v EMIRATES; Carriage by air – Passengers – Delay – Passengers suffering delay involving connecting flights from Dubai by non-EU Community carrier – Whether passengers entitled to compensation under Regulation (EC) No 261/2004.; [2018] Lloyd's Rep. 341

: MT “CAPE BONNY” TANKSCHIFFAHRTS GMBH & CO KG v PING AN PROPERTY AND CASUALTY INSURANCE COMPANY OF CHINA LTD, BEIJING BRANCH(THE “CAPE BONNY”); General average – Vessel suffering engine breakdown whilst seeking to avoid typhoon – Whether casualty caused by actionable fault on part of shipowners – Burden of proof as to reasonableness of expenditure claimed – Whether mere immobilisation a sufficient peril or danger in the law of general average – Whether expenditure reasonable.; [2018] Lloyd's Rep. 356

: ULTRABULK A/S v JAGATRAMKA; Guarantee – Personal guarantee provided by private individual – Whether on demand bond or guarantee of performance by third party.; [2018] Lloyd's Rep. 384

Lloyd's Law Reports