Lloyd's Law Reports

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

SINGULARIS HOLDINGS LTD v DAIWA CAPITAL MARKETS EUROPE LTD

Dishonest assistance with breach of fiduciary duty – Duty of care owed by bank – Contributory negligence – Law Reform (Contributory Negligence) Act 1945 – Illegality – Attribution.

[2020] 1 Lloyd's Rep. 47

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

ENKA INSAAT VE SANAYI AS v OOO “INSURANCE COMPANY CHUBB” AND OTHERS

Arbitration – Anti-suit injunction – Dispute as to scope of arbitration clause – Proceedings brought in Russian courts – Law applicable to arbitration clause – Criteria for grant of anti-suit injunction – Senior Courts Act 1981, section 37.

[2020] 1 Lloyd's Rep. 71

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

SUCDEN MIDDLE-EAST v YAGCI DENIZCILIK VE TICARET LTD SIRKETI (THE “MUAMMER YAGCI”)

Charterparty (Voyage) – Laytime – Seizure of cargo by local customs authorities causing delay to discharge – Whether time lost caused by “government interferences” – Sugar Charterparty 1999, clause 28.

[2020] 1 Lloyd's Rep. 107

APRILE SPA AND OTHERS v ELIN MARITIME LTD (THE “ELIN”)

Carriage of goods by sea – Deck cargo lost overboard – Whether exclusion clause exempted owners for loss and damage caused by negligence or breach of seaworthiness obligation.

[2020] 1 Lloyd's Rep. 111

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

BOSKALIS OFFSHORE MARINE CONTRACTING BV v ATLANTIC MARINE AND AVIATION LLP (THE “ATLANTIC TONJER”)

Charterparty (Time) – BIMCO Supplytime 2017 Charter Party for Offshore Support Vessels – Interpretation of payments clause 12(e).

[2020] 1 Lloyd's Rep. 171

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

AXA SA v GENWORTH FINANCIAL INTERNATIONAL HOLDINGS AND ANOTHER AXA FRANCE IARD (AS TRANSFEREE OF THE BUSINESS OF FINANCIAL INSURANCE CO LTD) AND OTHERS (NAMED THIRD PARTIES)

Sale and purchase agreement – Payment protection insurance – Sellers covenanting to pay on demand 90 per cent of PPI claims to purchasers – Whether obligation to pay was an indemnity – Whether sellers had subrogation rights – Whether sellers acted reasonably in withholding consent to agreements by buyers.

[2020] 1 Lloyd's Rep. 229

KABAB-JI SAL (LEBANON) v KOUT FOOD GROUP (KUWAIT)

Arbitration – Enforcement of award – Whether arbitration clause applied to contracting party's parent company – Law applicable to arbitration agreement – Effect of entire agreement clause on arbitration agreement in the main contract – Effect of No Oral Modification clause – Whether judge should have made a final determination – Arbitration Act 1996, sections 7 and 103(2)(b).

[2020] 1 Lloyd's Rep. 269

OZMEN ENTERTAINMENT PTY LTD AND ANOTHER v NEPTUNE HOSPITALITY PTY LTD (THE “SEADECK”)

Joint venture – Fiduciary duty – Second applicant and respondent entering into joint venture agreement to operate business offering luxury cruises on Sydney Harbour – First applicant demise-chartering vessel to second applicant and respondent jointly for purpose of joint venture – Whether respondent in breach of joint venture agreement – Whether respondent in breach of fiduciary duty – Whether joint venture agreement validly terminated by second applicant – Whether charterparty validly terminated by first applicant.

[2020] 1 Lloyd's Rep. 287

VTB COMMODITIES TRADING DAC v JSC ANTIPINSKY REFINERY

Arbitration – Jurisdiction – Application to court for preliminary ruling on jurisdiction – Whether arbitration agreement repudiated – Scope of arbitration clause – Arbitration Act 1996, section 32.

[2020] 1 Lloyd's Rep. 332

A AND ANOTHER v C AND OTHERS

Arbitration – Court's power to order evidence – Whether power available against a third party – Arbitration Act 1996, sections 2(3), 43, 44 and 82 – CPR 34.8.

[2020] 1 Lloyd's Rep. 341

NAVALMAR UK LTD v ERGO VERSICHERUNG AG AND ANOTHER (THE “BSLE SUNRISE”)

General average – General average guarantee – Whether issuer of guarantee entitled to raise defence under Rule D of the York-Antwerp Rules 1974.

[2020] 1 Lloyd's Rep. 355

ODYSSEY AVIATION LTD v GFG 737 LTD

Sale of aircraft – Aircraft Sale and Purchase Agreement – Buyer purporting to terminate agreement for seller's breach of warranty as to title and for failing to fulfil conditions precedent – Whether termination valid – Seller purporting to terminate agreement for buyer's failure to pay balance of purchase price – Whether termination valid – Whether seller entitled to summary judgment for return of deposit – Whether buyer entitled to summary judgment for return of deposit.

[2020] 1 Lloyd's Rep. 363

RUBICON VANTAGE INTERNATIONAL PTE LTD v KRISENERGY LTD

Guarantee – Parent company of bareboat charterer providing guarantee to owner – Owner making demand on guarantor in respect of works carried out to vessel prior to commencement of charter – Whether “on-demand” or “see-to-it” guarantee – Whether demand valid – Whether guarantor liable.

[2020] 1 Lloyd's Rep. 383

“AMALIE ESSBERGER” TANKREEDEREI GMBH & CO KG v MARUBENI CORPORATION (THE “AMALIE ESSBERGER”)

Demurrage – Time-bar – Claim to be presented with all supporting documents within 90 days of discharge – Meaning of “supporting documents” – Whether all supporting documents had to be supplied at same time as claim – Whether demurrage claim time-barred.

[2020] 1 Lloyd's Rep. 393

BILGENT SHIPPING PTE LTD v ADM INTERNATIONAL SARL (THE “ALPHA HARMONY”)

Charterparty (Voyage) – Laycan – Charterers entitled to cancel charter if notice of readiness not given as per charterparty – NOR tendered but not during permitted hours – Whether charterers entitled to cancel.

[2020] 1 Lloyd's Rep. 409

FILATONA TRADING LTD AND ANOTHER v NAVIGATOR EQUITIES LTD AND OTHERS

Arbitration – Jurisdiction – Share purchase agreement – Disclosed and identified principal – Whether wording of agreement precluding intervention and reliance on that contract by disclosed and identified principal – Arbitration Act 1996, section 67.

[2020] 1 Lloyd's Rep. 418

XSTRATA COAL QUEENSLAND PTY LTD AND OTHERS v BENXI IRON & STEEL (GROUP) INTERNATIONAL ECONOMIC & TRADING CO LTD

Arbitration – Running of time for appeal – Effect of refusal of tribunal to review award – Serious irregularity – Obligation of tribunal to produce uncertain and unambiguous award – LCIA Rules – Arbitration Act 1996, sections 57, 68(2)(f) and 70(3).

[2020] 1 Lloyd's Rep. 436

FEYHA MARITIME LTD v MILOUBAR CENTRAL FEEDMILL LTD AND ANOTHER

Carriage of goods by sea – Limitation of action – Plaintiff bringing cargo claim against carrier within one-year limitation period – Cargo insurer bringing separate claim against carrier within limitation period – Court ruling that plaintiff not owner of cargo – Application to amend claim after expiry of limitation period to add new party as plaintiff – Whether amendment should be allowed – Whether cargo insurer's claim stopped limitation running – Hague-Visby Rules, article III, rule 6.

[2020] 1 Lloyd's Rep. 449

PRIYANKA SHIPPING LTD v GLORY BULK CARRIERS PTE LTD (THE “CSK GLORY”)

Sale of ship – Buyer contracting to scrap vessel and not to use her for trading – Buyer trading vessel in breach of agreement – Whether seller entitled to injunction – Whether damages adequate remedy – Whether seller entitled to “negotiating damages” – Whether buyer entitled to declaration that seller limited to nominal damages.

[2020] 1 Lloyd's Rep. 461

RELIANCE INDUSTRIES LTD AND ANOTHER v THE UNION OF INDIA

Arbitration – Remission of award – Jurisdiction of tribunal on remission – Whether Further Award tainted by serious irregularity – Arbitration Act 1996, sections 67 and 68.

[2020] 1 Lloyd's Rep. 489