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