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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
Lloyd's Law Reports
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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
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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
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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
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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
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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
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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