i-law.com

ALBON v NAZA MOTOR TRADING SDN BHD

[2008] 1 Lloyd's Rep 1

Arbitration - Anti-arbitration injunction - Dispute under contract governed by English law - Defendant seeking stay in favour of arbitration in Malaysia - Claimant disputing validity of arbitration clause - English court ordering trial on validity of arbitration clause - Whether defendant to be restrained from proceeding with arbitration.

BANDWIDTH SHIPPING CORPORATION v INTAARI (THE “MAGDALENA OLDENDORFF”)

[2008] 1 Lloyd's Rep 7

Arbitration - Serious irregularity - Arbitrators not appreciating that counsel had not recognised significance of an argument - Whether arbitrators under duty to draw counsel’s attention to the point - Whether award could be set aside - Arbitration Act 1996, sections 33 and 68.

NATIONAL WESTMINSTER BANK PLC v RABOBANK NEDERLAND (NO 3)

[2008] 1 Lloyd's Rep 16

Breach of contract - Defendant commencing proceedings in California in breach of obligation not to sue - Claimant successfully having Californian proceeding stayed - Entitlement of claimant to damages for breach of obligation not to sue - Whether damages representing costs on standard or indemnity basis - Whether costs of breach of contract action should be awarded on standard or indemnity basis - Interest.

OFFICE OF FAIR TRADING v LLOYDS TSB BANK PLC AND OTHERS

[2008] 1 Lloyd's Rep 30

Banking - Consumer credit - Transactions performed outside the United Kingdom using credit cards - Whether credit card issuer liable for defaults of supplier of goods or services - Consumer Credit Act 1974, section 75.

SUMUKAN LTD v COMMONWEALTH SECRETARIAT

[2008] 1 Lloyd's Rep 40

Arbitration - Jurisdiction - Dispute between parties referred to tribunal established under defendant’s rules - Whether President of Tribunal validly appointed - Whether invalid appointment of President of Tribunal subsequently cured - Whether invalidity waived - Arbitration Act 1996, sections 67 and 73.

SWIFT-FORTUNE LTD v MAGNIFICA MARINE SA (THE “CAPAZ DUCKLING”)

[2008] 1 Lloyd's Rep 54

Practice - Freezing injunction - Contract for sale of ship - Buyer applying for freezing order in Singapore on purchase price in advance of delivery of vessel - No disclosure to Singapore court of authorities precluding such relief - Order granted but subsequently discharged on jurisdictional grounds - Whether claimant guilty of non-disclosure - Whether English court should grant order.

ASM SHIPPING LTD v HARRIS AND OTHERS

[2008] 1 Lloyd's Rep 61

Arbitration - Application for removal of arbitrators - Whether justifiable doubts as to impartiality of arbitrators - Whether objection made in time - Arbitration Act 1996, sections 24 and 73.

INDEPENDENT PETROLEUM GROUP LTD v SEACARRIERS COUNT PTE LTD (THE “COUNT”)

[2008] 1 Lloyd's Rep 72

Charterparty (Voyage) - Charterers obliged to nominate safe port in East Africa - Charterers nominating Beira - Notice of readiness tendered - Another vessel went aground on arrival of vessel - Discharge completed but vessel unable to leave due to another grounding in the same place as earlier grounding - Whether safe port nominated - Whether breach caused owners’ loss.

LONSDALE v HOWARD & HALLAM LTD

[2008] 1 Lloyd's Rep 78

Agency - Termination of agency relationship following closure of principal’s business - Amount of agent’s entitlement to compensation - Commercial Agents (Council Directive) Regulations 1993, regulation 17(6), Council Directive 86/653/EEC, article 17(3).

STX PAN OCEAN CO LTD v UGLAND BULK TRANSPORT AS (THE “LIVANITA”)

[2008] 1 Lloyd's Rep 86

Charterparty - Safe port - Charter expressly naming loading port and also containing in different section a safe port warranty - Whether safe port warranty applied to named loading port.

TAMIL NADU ELECTRICITY BOARD v ST-CMS ELECTRIC COMPANY PRIVATE LTD

[2008] 1 Lloyd's Rep 93

Arbitration - Conflict of laws - Arbitration clause - ICC arbitration - Estoppel - Indian law - Energy - Arbitration Act 1996, section 72.

COMANDATE MARINE CORPORATION v PAN AUSTRALIA SHIPPING PTY LTD (THE “COMANDATE”)

[2008] 1 Lloyd's Rep 119

Arbitration - Anti-suit injunction - in rem proceedings - Whether charterer’s commencement of in rem proceedings for security amounted to a repudiation of agreement to arbitrate in London - Whether shipowner’s commencement of in rem proceedings in Australia constituted repudiation and waiver of right to compel arbitration in London.

KENSINGTON INTERNATIONAL LTD v REPUBLIC OF CONGO

[2008] 1 Lloyd's Rep 161

Freezing order - Whether order should have restrained ordinary performance of commercial contracts - Civil Jurisdiction and Judgments Act 1982, section 25 - Privilege against self-incrimination - Application for disclosure of documents and evidence held by third parties - Third parties arguing that disclosure exposed them to potential criminal charges under English law - Whether privilege against self-incrimination available - Supreme Court Act 1981, section 37 - Fraud Act 2006, section 31.

CTI GROUP INC v TRANSCLEAR SA (THE “MARY NOUR”)

[2008] 1 Lloyd's Rep 179

Sale of goods fob - Frustration - Implied term - Cement to be supplied by sellers fob in Far East for ultimate delivery to Mexico - Sellers’ suppliers refusing to supply cement to sellers because of existence of cartel - Whether sale contract frustrated - Whether implied term that contract should be cancelled in the event of monopoly supplier intervening so as to prevent the supply.

CZECH REPUBLIC v EUROPEAN MEDIA VENTURES

[2008] 1 Lloyd's Rep 186

Arbitration - Jurisdiction - Bilateral Investment Treaty - Arbitration clause providing that disputes “concerning compensation due” for expropriation were to be arbitrated - Whether clause applied only to quantum disputes or to liability and quantum disputes - Arbitration Act 1996, section 67.

KOLDEN HOLDINGS LTD v RODETTE COMMERCE LTD AND ANOTHER

[2008] 1 Lloyd's Rep 197

Conflict of laws - Jurisdiction - Proceedings commenced in England - Claimants assigning cause of action - Defendants bringing second set of proceedings in Cyprus against assignors and assignee - Whether proceedings were between “the same parties” - Whether English court first seised - Council Regulation 44/2001, article 27.

SABAH SHIPYARD (PAKISTAN) LTD v GOVERNMENT OF PAKISTAN

[2008] 1 Lloyd's Rep 210

Guarantee - Claimant obtaining arbitration award against third party - Award not honoured - Claimant seeking to enforce guarantee - Whether guarantee induced by misrepresentation - Whether arbitration award binding on guarantor.

STARLIGHT SHIPPING CO AND ANOTHER v TAI PING INSURANCE CO LTD HUBEI BRANCH AND ANOTHER

[2008] 1 Lloyd's Rep 230

Arbitration - Interim anti-suit injunction - Judicial proceedings commenced in China in breach of arbitration clause - Arbitration commenced in London - Application to court to grant anti-suit injunction - Jurisdiction of court - Discretion - Arbitration Act 1996, section 44 - Supreme Court Act 1981, section 37 - CPR Parts 6.20 and 62.

C v D

[2008] 1 Lloyd's Rep 239

Arbitration - Bermuda Form - Two US corporations agreed to arbitrate in England - Claimant seeking anti-suit injunction to prevent defendant from bringing action in United States challenging award - Effect of seat of arbitration being in England - Whether agreement to arbitrate governed by English law - Binding effect of award on defendant - Arbitration Act 1996, sections 2, 4 and 58 - Costs - Privacy.

CTI GROUP INC v TRANSCLEAR SA (THE “MARY NOUR” (NO 2))

[2008] 1 Lloyd's Rep 250

Arbitration - Appeal against award for error of law - Appeal succeeding - Respondent applying for award to be upheld on other grounds - Whether other grounds had to be grounds of law - Arbitration Act 1996, section 69, CPR Practice Direction 62, para 12.3(3).

FIONA TRUST & HOLDING CORPORATION AND OTHERS v PRIVALOV AND OTHERS

[2008] 1 Lloyd's Rep 254

Arbitration - Charterparty providing that “Any dispute arising under this charter” should be referred to London arbitration - Shipowners bringing court proceedings claiming rescission of charterparties for bribery and fraud - Whether arbitration clause covered dispute - Whether charterers entitled to stay of proceedings under Arbitration Act 1996, section 9.

GOLDEN FLEECE MARITIME INC AND ANOTHER v ST SHIPPING & TRANSPORT INC (THE “ELLI” AND THE “FRIXOS”)

[2008] 1 Lloyd's Rep 262

Charterparty (Time) - Change in international regulations - Oil tankers chartered under Shelltime 4 form - MARPOL changes restricting vessels’ cargo carrying capacity - Whether loss to be borne by owners or charterers.

WATERFRONT SHIPPING COMPANY LTD v TRAFIGURA AG (THE “SABREWING”)

[2008] 1 Lloyd's Rep 286

Charterparty (Voyage) - Demurrage - Limitation of time - Time bar clause - Owners claimed demurrage - Charterers alleged claim not presented with supporting documents within 90 days of completion of discharge - Whether owners’ claim time-barred.

FAIRFAX GERRARD HOLDINGS LTD AND OTHERS v CAPITAL BANK PLC

[2008] 1 Lloyd's Rep 297

Sale of goods - Finance agreement - Reservation of title - Claimant purchasing goods for customers and passing title on payment - Customer resold goods to third party - Whether obligation on customer to include reservation of title clause in sub-sale - Whether third party obtained title.

PETROMEC INC v PETROLEO BRASILEIRO SA PETROBRAS

[2008] 1 Lloyd's Rep 305

Contract - Oil production platform - Upgrade works changed - Contractor entitled to compensation representing cost of works - Calculation of compensation - Particulars of proof required to establish sums payable.

GULF IMPORT & EXPORT CO v BUNGE SA

[2008] 1 Lloyd's Rep 316

Arbitration - FOSFA Rules allowing appeal to Board of Appeal on any matter - Arbitrators refusing to extend time for service of documents - Whether Board of Appeal had power under FOSFA Rules to extend time - Whether issue going to substantive jurisdiction of Board of Appeal - Arbitration Act 1996, sections 30, 31, 67, 68, 69 and 73.

MUSAWI v R E INTERNATIONAL (UK) LTD AND OTHERS

[2008] 1 Lloyd's Rep 326

Arbitration - Conflict of laws - Law applicable to arbitration agreement - Law applicable to substantive dispute - Whether award valid - Arbitration Act 1996, section 46.

PHILLIPS AND ANOTHER v SYMES AND OTHERS

[2008] 1 Lloyd's Rep 344

Conflict of laws - Jurisdiction - Whether failure to serve English language claim form on defendant prevented the service from being valid - Whether court could dispense with service - Whether issue of claim form or service rendered the English court seised of an action - Lugano Convention 1989, article 21 - CPR 3.10 and 6.9.

CEREAL INVESTMENTS COMPANY (CIC) SA v ED&F MAN SUGAR LTD

[2008] 1 Lloyd's Rep 355

Sale of goods (fob) - Shipment period - Sale of sugar - Whether loading had to be completed by end of month specified in contract - Whether letter of credit complied with contract.

EL NASHARTY v J SAINSBURY PLC

[2008] 1 Lloyd's Rep 360

Arbitration - Stay of proceedings - Contract containing arbitration clause - Claimant bringing action in English courts asserting that contract was made under duress - Defendant applying for stay in favour of arbitration - Claimant relying on article 6 of European Convention of Human Rights - Whether arbitration agreement constituted waiver of claimant’s right of access to court - Whether claimant waived right to avoid arbitration clause for duress - Arbitration Act 1996, sections 7 and 9.

PACIFIC MARITIME (ASIA) LTD v HOLYSTONE OVERSEAS LTD

[2008] 1 Lloyd's Rep 371

Arbitration - Freezing order - Dispute involving accommodation blocks on board vessel - Whether court should continue freezing injunction against defendant - Amount of sums frozen - Arbitration Act 1996, sections 38 and 44.

REPUBLIC OF KAZAKHSTAN v ISTIL GROUP INC (NO 2)

[2008] 1 Lloyd's Rep 382

Arbitration - Anti-arbitration injunction - Partial award by arbitrators determining they had substantive jurisdiction - Subsequent final award negating partial award but confirming jurisdiction - Successful appeal against final award - Whether partial award implicitly overturned as well - Whether injunction to be granted preventing continuation of arbitration proceedings - Arbitration Act 1996, sections 1(c), 67 and 73 - Supreme Court Act 1981, section 37.

WPP HOLDINGS ITALY SRL AND OTHERS v BENATTI

[2008] 1 Lloyd's Rep 396

Jurisdiction - Claims brought by claimants in England and by defendant in Italy - Whether English courts first seised of proceedings - Whether exclusive jurisdiction clause valid - Whether contract one of employment - Council Regulation 44/2001/EC, articles 19, 23 and 27 - Council Regulation 1348/2000/EC, article 14.

BRITISH ENERGY POWER AND TRADING LTD AND OTHERS v CREDIT SUISSE AND OTHERS

[2008] 1 Lloyd's Rep 413

Option agreements - Assignment of rights under sub-participation agreements by holders of options - Assignments prohibited by option agreements - Whether prohibition on assignment binding on all parties to the option agreements - Effect of assignment - Whether prohibition on assignment contrary to public policy.

GOLDEN PRESIDENT SHIPPING CORPORATION v BOCIMAR NV (THE “CHANNEL ALLIANCE”)

[2008] 1 Lloyd's Rep 428

Charterparty (Time) - Extension - Profit sharing clause - Whether profit sharing clause applied also to extension at charterers’ option.

KOLDEN HOLDINGS LTD v RODETTE COMMERCE LTD AND ANOTHER

[2008] 1 Lloyd's Rep 434

Conflict of laws - Jurisdiction - Proceedings commenced in England - Claimants assigning cause of action - Defendants bringing second set of proceedings in Cyprus against assignors and assignee - Whether proceedings were between “the same parties” - Whether English court first seised - Council Regulation 44/2001, article 27.

SAMSUN LOGIX CORPORATION v OCEANTRADE CORPORATION

[2008] 1 Lloyd's Rep 450

Charterparty (Time) - Lien on sub-freights - Sub-charterer paying freight to time-charterers’ solicitors - Owners subsequently exercising lien on sub-freights - Whether lien validly exercised - Whether determination by arbitrator that lien validly exercised binding on non-party to arbitration - Priorities of funds in hands of time charterers’ solicitors.

SANHE HOPE FULL GRAIN OIL FOODS PRODUCTION CO LTD v TOEPFER INTERNATIONAL ASIA PTE LTD

[2008] 1 Lloyd's Rep 458

Sale of goods - Contract for sale of Brazilian soybeans - Buyers in repudiatory breach - Measure of damages - Appeal from FOSFA Appeal Arbitration Award - FOSFA 22 clause 27 - Whether sellers sustained any loss.

SCOTTISH & NEWCASTLE INTERNATIONAL LTD v OTHON GHALANOS LTD

[2008] 1 Lloyd's Rep 462

Conflict of laws - Jurisdiction - Sale of goods “CFR Limassol” - Goods shipped at Liverpool - Sellers bringing proceedings in England against buyers domiciled in Cyprus - Place where goods delivered - Whether sellers entitled to sue in England - Council Regulation 44/2001, article 5.1(b).

CHEVASSUS-MARCHE AND OTHERS v GROUPE DANONE Case C-19/07

[2008] 1 Lloyd's Rep 475

Agency - European Union - Self-employed commercial agents - Right of an agent entrusted with a specific geographical area to a commission - Transactions concluded without any action on the part of the principal - Whether a commercial agent entrusted with a specific geographical area had the right to a commission for transactions concluded by customers belonging to that area with a third party, without any action, direct or indirect, on the part of the principal - Approximation of laws - Reference for a preliminary ruling - Article 234 EC - Council Directive 86/653/EEC, article 7(2).

GATER ASSETS LTD v NAK NAFTOGAZ UKRAINIY (NO 2)

[2008] 1 Lloyd's Rep 479

Arbitration - Award - Enforcement - Allegation that material facts fraudulently withheld from arbitrators - Whether enforcement of Russian award should be refused - Public policy ground for refusing enforcement - Arbitration Act 1996, sections 68 and 103.

HIGH SEAS VENTURE LTD PARTNERSHIP v SINOM (HONG KONG) LTD (THE “NEWFOREST”)

[2008] 1 Lloyd's Rep 504

Charterparty (Voyage) - Demurrage - Charterparty providing for demurrage to be calculated on basis of statement of facts - Statement of facts referring to bad weather - Owners subsequently seeking to assert that delays not caused by bad weather - Status of statement of facts - Whether charterers liable for demurrage.

OCEAN PRIDE MARITIME LTD PARTNERSHIP v QINGDAO OCEAN SHIPPING CO (THE “NORTHGATE”)

[2008] 1 Lloyd's Rep 511

Charterparty - Demurrage - Commencement of laytime - Whether notice of readiness validly tendered - Whether charterers waived defect.

STANDARD BANK PLC AND ANOTHER v AGRINVEST INTERNATIONAL INC AND OTHERS

[2008] 1 Lloyd's Rep 532

Practice - Anti-suit injunction - Declaratory relief - Option contract - Sale agreement - Whether sale agreement contained exclusive jurisdiction clause.

M & J POLYMERS LTD v IMERYS MINERALS LTD

[2008] 1 Lloyd's Rep 541

Sale of goods - Penalty clauses - Contract for the supply of dispersants - “Take or pay” clause - Whether buyer had right to reject the goods - Whether take or pay clause amounted to a penalty clause - Whether defendant had ordered required minimum amount of goods.

SOCIMER INTERNATIONAL BANK LTD v STANDARD BANK LONDON LTD

[2008] 1 Lloyd's Rep 558

Banking - Purchase of securities - Obligation of seller to sell assets and credit proceeds to buyer - Valuation of assets - Whether seller under implied duty of care - Whether seller in position equivalent to that of mortgagee selling mortgaged property.

AIC LTD v MARINE PILOT LTD (THE “ARCHIMIDIS”) [2008] EWCA Civ 175

[2008] 1 Lloyd's Rep 597

Charterparty (Voyage) - Deadfreight - Vessel chartered to load cargo from “one safe port Ventspils” - Charter requiring charterers to load minimum 90,000 mt and giving charterers option to load cargo by ship-to-ship transfer at anchor - Vessel tendering NOR to load maximum of 67,000 mt due to draft restrictions - Charterers formally tendering 93,410 mt cargo knowing vessel could not load more than 67,000 at berth - Whether charterers liable for deadfreight - Whether safe port warranty - Whether need for lightering can render port unsafe.

BRAES OF DOUNE WIND FARM (SCOTLAND) LTD v ALFRED MCALPINE BUSINESS SERVICES LTD [2008] EWHC 426 (TCC)

[2008] 1 Lloyd's Rep 608

Arbitration - Contract providing that seat of arbitration was in Scotland but that English courts should have exclusive jurisdiction and that Arbitration Act 1996 should apply - Arbitration held in Scotland - Application for permission to appeal against award for error of law - Whether English court possessed jurisdiction - Identification of seat of arbitration - Whether permission to appeal should be given - Enforcement of award - Arbitration Act 1996, sections 2, 66 and 69.

EMMOTT v MICHAEL WILSON & PARTNERS LTD [2008] EWCA Civ 184

[2008] 1 Lloyd's Rep 616

Arbitration - Confidentiality - Proceedings brought by defendant against claimant in arbitration in London and also in courts abroad - Fraud not alleged in the arbitration but alleged in the judicial proceedings - Whether claimant entitled to an order permitting him to use the defendant’s arbitration points of claim in the judicial proceedings - Relevance of Evidence (Proceedings in Other Jurisdictions) Act 1975.

FERRYWAYS NV v ASSOCIATED BRITISH PORTS [2008] EWHC 225 (Comm)

[2008] 1 Lloyd's Rep 639

Agency - Undisclosed principal - Employment contract - Crew management company entering into contract of employment “as Employer” with crew member - Whether crew management company acting as agent for ship operator - Crew member killed by tugmaster vehicle at cargo terminal while supervising cargo operations - P&I Club paying death benefit and repatriation expenses pursuant to employment contract - Ship operator suing terminal operator for breach of stevedoring contract - Whether terminal operator entitled to rely on exclusion and limitation clauses in stevedoring contract - Unfair Contract Terms Act 1977.

VERITY SHIPPING SA AND ANOTHER v NV NOREXA AND OTHERS (THE “SKIER STAR”) [2008] EWHC 213 (Comm)

[2008] 1 Lloyd's Rep 652

Practice - Anti-suit injunction - Claimants obtaining ex parte injunction restraining defendants from continuing foreign proceedings in breach of London arbitration clause - Claimants applying to continue injunction - Defendants alleging strong cause or good reason for not granting injunction - Whether risk of inconsistent decisions - Delay - Relevance of time bar - Whether material non-disclosure.

BARCLAY v BRITISH AIRWAYS PLC

[2008] 1 Lloyd's Rep 661

Carriage by air - Claimant slipped while going to seat on aircraft - Whether claimant suffered injury from “accident” - Montreal Convention, article 17.

ENTICO CORPORATION LTD v UNITED NATIONS EDUCATIONAL SCIENTIFIC AND CULTURAL ASSOCIATION; SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS (INTERVENING)

[2008] 1 Lloyd's Rep 673

Arbitration - Claim for breach of contract against UNESCO - UNESCO entitled to immunity from suit - Whether refusal of UNESCO to participate in arbitration undermined the arbitration clause - Whether arbitration clause formed part of the contract - Separability - Whether UNESCO’s immunity was contrary to European Convention on Human Rights, article 6.

MOBIL CERRO NEGRO LTD v PETROLEOS DE VENEZUELA SA

[2008] 1 Lloyd's Rep 684

Practice - Arbitration - Interim relief - Freezing injunction - Conditions to be satisfied for grant of worldwide freezing injunction in support of foreign arbitration - Arbitration Act 1996, sections 2(3) and 44 - Supreme Court Act 1981, section 37.

ROYAL & SUNALLIANCE INSURANCE PLC v BAE SYSTEMS (OPERATIONS) LTD AND OTHERS

[2008] 1 Lloyd's Rep 712

Arbitration - Reinsurance - Appeal on point of law - Whether parties had agreed on right of appeal without permission of court - London Court of International Arbitration Rules, rule 26 - Arbitration Act 1996, section 69(2).

Lloyd's Law Reports