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FERN COMPUTER CONSULTANCY LTD v INTERGRAPH CADWORX & ANALYSIS SOLUTIONS INC

Practice – Claim form – Service out of the jurisdiction – Commercial agent bringing claim against Texas principal under Commercial Agents (Council Directive) Regulations 1993 and for unpaid commission – Agency agreement containing Texas law and exclusive Texas jurisdiction clause – Whether claim based on Regulations a “claim made in respect of a contract governed by English law” or a “claim made in respect of a breach of contract committed within the jurisdiction” – Whether service of proceedings should be set aside – Civil Procedure Rules, Practice Direction 6B, paras (6)(c) and (7) – Commercial Agents (Council Directive) Regulations 1993, Regulations 17 and 19.

[2015] 1 Lloyd's Rep. 1

SAIPOL SA v INERCO TRADE SA

Sale of goods – Damages – Consequential losses – Arbitration – Appeal for error of law – Sale of Goods Act 1979, sections 53 and 54 – Arbitration Act 1996, section 69.

[2015] 1 Lloyd's Rep. 26

FONNSHIP A/S v SVENSKA TRANSPORTARBETAREFÖRBUNDET (The “Sava Star”)

European law – Principle of free movement of maritime transport services between member states of European Economic Area – Whether principle applicable where vessel providing services flew flag of third country – Industrial action taken in ports of member state in favour of third country nationals employed on vessel – Council Regulation (EEC) No 4055/86, article 1.

[2015] 1 Lloyd's Rep. 61

LORAND SHIPPING LTD v DAVOF TRADING (AFRICA) BV(THE MV “OCEAN GLORY”)

Arbitration – Serious irregularity – Owners asking tribunal for “Interim Award on Demurrage” and that jurisdiction be reserved in respect of other claims – Tribunal proceeding to make final award dealing only with demurrage claim without reserving jurisdiction for other claims – Whether serious irregularity – Arbitration Act 1996, section 68.

[2015] 1 Lloyd's Rep. 67

STANDARD CHARTERED BANK v DORCHESTER LNG (2) LTD (THE “ERIN SCHULTE”)

Carriage of goods by sea – Misdelivery – Title to sue – Whether confirming bank became lawful holder of bills of lading – Whether bank accepted delivery of indorsed bills – Meaning of “delivery” – Whether claim for money due under a letter of credit following presentation of conforming documents sounded in debt or damages – Whether transaction effected in pursuance of a contractual or other arrangement made before the bill of lading had become spent – Carriage of Goods by Sea Act 1992, sections 5(2)(b) and 2(2)(a).

[2015] 1 Lloyd's Rep. 97

Warren v Drukkerij Flach BV

Agency - Entitlement to compensation following termination of agency - Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053), Regulations 8 and 17.

[2015] 1 Lloyd's Rep. 111

ATLASNAVIOS-NAVEGAÇÃO LDA v NAVIGATORS INSURANCE CO LTD AND OTHERS (THE "B ATLANTIC")

Insurance (marine, war risks) - Vessel found to be carrying drugs and seized - Vessel a constructive total loss - Whether claim lost by reason of "infringement of any customs or trading regulations" - Whether claim lost by reason of failure to provide security - Duty to sue and labour - Whether costs recoverable - Institute War and Strikes Clauses Hull 1/10/83.

[2015] 1 Lloyd's Rep. 117

CRUZ CITY 1 MAURITIUS HOLDINGS v UNITECH LTD AND OTHERS

Arbitration – Freezing order – Jurisdiction of court to make order against subsidiaries of award debtor (Chabra jurisdiction) – Arbitration Act 1996, section 44 – Civil Procedure Rules, rule 62.5 – Civil Procedure Rules, Practice Direction 6B, para 3.1(3) – Brussels Regulation, Council Regulation 44/2001/EC, article 24.

[2015] 1 Lloyd's Rep. 191

LAKATAMIA SHIPPING CO LTD AND OTHERS v NOBU SU/HSIN CHI SU (aka SU HSIN CHI; aka NOBU MORIMOTO) AND OTHERS

Sale of goods – Forward Freight Agreements – Transfer of FFA position for one-month period – Seller failing to buy back FFAs on agreed date – Identity of parties to contract – Measure of loss sustained by buyer – Whether buyer limited to recovering difference between contract and market value – Whether loss affected by novation agreements – Sale of Goods Act 1979, section 50(3).

[2015] 1 Lloyd's Rep. 216

CARESSE NAVIGATION LTD v ZURICH ASSURANCES MAROC AND OTHERS (THE “CHANNEL RANGER”)

Practice – Anti-suit injunction – Cargo interests bringing proceedings against shipowner in Morocco under bill of lading – Whether bill of lading incorporating “Law and Arbitration clause” of charterparty had effect to incorporate English law and jurisdiction clause – Whether anti-suit injunction should have been granted.

[2015] 1 Lloyd's Rep. 256

GOLDEN ENDURANCE SHIPPING SA v RMA WATANYA SA AND OTHERS (THE “GOLDEN ENDURANCE”)

Practice – Service out of jurisdiction – Cargo interests bringing cargo claims in Morocco under three bills of lading – Shipowner bringing London arbitration and court proceedings in England – Whether bill of lading incorporated charterparty law and arbitration clause – Whether bills of lading governed by English law – Whether service should be set aside – Whether claimant entitled to anti-suit injunction in favour of London arbitration – Whether claimant entitled to anti-suit injunction in favour of English court proceedings.

[2015] 1 Lloyd's Rep. 266

STENA BULK AB v COPLEY AND OTHERS

Admiralty practice - Stakeholders - Bunker suppliers becoming insolvent - Ship operators facing competing claims for price of bunkers supplied - Whether ship operators entitled to rely on “Stakeholders” rule to pay money into court to secure claims and prevent vessels being arrested - CPR Part 86.

[2015] 1 Lloyd's Rep. 280

ZHOUSHAN JINHAIWAN SHIPYARD CO LTD v GOLDEN EXQUISITE INC AND OTHERS

Contract - Shipbuilding contract - Buyer cancelling contract on ground of excessive delay by shipbuilder in delivering vessel - Whether cancellation wrongful - Whether relevant part of delay caused by buyer's own breach of contract - Whether buyer entitled to interest on sums refunded.

[2015] 1 Lloyd's Rep. 283

COMPANIA SUD AMERICANA DE VAPORES SA v HIN-PRO INTERNATIONAL LOGISTICS LTD

Carriage of goods by sea – Bills of lading containing English jurisdiction clause – Whether clause providing for exclusive jurisdiction – Whether claimant entitled to permanent anti-suit injunction and damages in respect of proceedings brought by defendant in China.

[2015] 1 Lloyd's Rep. 301

HBC HAMBURG BULK CARRIERS GMBH & CO KG v HUYTON INC (THE “GLORY SANYE”)

Charterparty (Voyage) – Addendum – Disponent owners chartering vessel for single voyage – Vessel unable to discharge cargo because of absence of receivers – Parties agreeing addendum substituting different discharge port – Charterers agreeing to indemnify disponent owners against losses and expenses arising from charterers’ failure to discharge cargo – Whether charterers bound to indemnify disponent owners in respect of costs incurred in transiting Suez Canal.

[2015] 1 Lloyd's Rep. 310

MONDE PETROLEUM SA v WESTERNZAGROS LTD

Arbitration – Jurisdiction – Agreement containing arbitration clause superseded by settlement agreement containing jurisdiction clause – Whether arbitration clause overridden by jurisdiction clause – Separability – Security for costs – Arbitration Act 1996, sections 7 and 67 – Civil Procedure Rules, rule 25.13.

[2015] 1 Lloyd's Rep. 330

TOYOTA TSUSHO SUGAR TRADING LTD v PROLAT SRL

Arbitration – Jurisdiction of tribunal – Application for declaration as to jurisdiction – Applicable law – Validity of arbitration clause – Arbitration Act 1996, sections 5 and 32 – Brussels Regulation, Council Regulation 44/2001/EC – Rome I Regulation, Council Regulation 583/2008/EC, articles 3, 4 and 10.

[2015] 1 Lloyd's Rep. 344