Lloyd's Law Reports

AITEO EASTERN E&P CO LTD v SHELL WESTERN SUPPLY AND TRADING LTD

Arbitration – Jurisdiction – Optional arbitration clause – Whether option to arbitrate had been exercised – Effect of exercise of option – Arbitration Act 1996, section 67.

[2023] 1 Lloyd's Rep. 1

OCM MARITIME NILE LLC AND ANOTHER v COURAGE SHIPPING CO AND OTHERS (THE “COURAGE” AND THE “AMETHYST”)

Charterparty (demise) – Effect of sanctions – Registered owner seeking possession of vessels – Construction of charterparty terms – Entitlement to buy vessel at end of charterparty period – Relief from forfeiture – Risk of becoming subject to sanctions regime – Barecon 2001.

[2023] 1 Lloyd's Rep. 13

OVERSEA-CHINESE BANKING CORPORATION LTD v OWNER AND/OR DEMISE CHARTERER OF THE VESSEL “STI ORCHARD” WINSON OIL TRADING PTE LTD (INTERVENING)

Contract (bills of lading) – Breach – Misdelivery – Delivery of cargo without production of the bill of lading – Rights of suit of bank holding bills of lading – Lawful holder – Possession in good faith – Consent to discharge without production of bill of lading.

[2023] 1 Lloyd's Rep. 22

PJSC NATIONAL BANK TRUST AND ANOTHER v MINTS AND OTHERS

Arbitration – Effect of arbitration award on third parties – Privity principle – Issue estoppel – Abuse of process – Arbitration Act 1996, sections 58 and 82.

[2023] 1 Lloyd's Rep. 37

AQUAVITA INTERNATIONAL SA v INDAGRO SA

Arbitration – Anti-suit injunction – Application to foreign court for security – Whether application would be determinative of dispute – Senior Courts Act 1981, section 37.

[2023] 1 Lloyd's Rep. 61

CM P-MAX III LTD v PETROLEOS DEL NORTE SA (THE MT “STENA PRIMORSK”)

Charterparty (voyage) – Demurrage – Safety decisions by master – Under-keel clearance policy – Vessel leaving berth without discharging due to safety concerns about under-keel clearance – Notice of readiness – Free pratique.

[2023] 1 Lloyd's Rep. 67

NATIONAL IRANIAN OIL CO v CRESCENT PETROLEUM CO INTERNATIONAL LTD AND ANOTHER

Arbitration – Error of law – Application for permission to appeal – Whether parties had agreed to exclude right to seek permission to appeal – Whether permission to appeal should be granted – Arbitration Act 1996, section 69.

[2023] 1 Lloyd's Rep. 76

ROYAL & SUN ALLIANCE INSURANCE LTD AND OTHERS v TUGHANS

Arbitration – Insurance (professional indemnity) – Jurisdiction – Serious irregularity – Error of law – Arbitration Act 1996, sections 33, 67, 68 and 69.

[2023] 1 Lloyd's Rep. 90

ARI v WXJ

Arbitration – Response to arbitration notice – Whether arbitrator validly appointed – Relationship between arbitrator and parties – Arbitration Act 1996, section 14.

[2023] 1 Lloyd's Rep. 123

CVG v CVH

Arbitration – Emergency arbitrator – Whether award enforceable under the New York Convention – Jurisdiction – Breach of the rules of natural justice.

[2023] 1 Lloyd's Rep. 130

EGF v HVF AND OTHERS

Arbitration – Allegation of apparent bias by “Witness Statement Ruling” – Reasons for ruling – Power to make interim payments order – Whether order an award – Excess of jurisdiction – Excess of powers – Serious irregularity – UNCITRAL Rules, article 34 – Arbitration Act 1996, sections 24, 30, 39, 58, 67 and 68.

[2023] 1 Lloyd's Rep. 139

JDA CO LTD AND OTHERS v AIG INSURANCE NEW ZEALAND LTD AND OTHERS

Insurance (marine) – Declaration policy – Definition of “assured” under policy – Effect of assured's failure to nominate terms of coverage – Estoppel by convention – Effect of failure to make proper declarations of insured subject matter – Breach of warranty – Marine Insurance Act 1908 (NZ), section 34.

[2023] 1 Lloyd's Rep. 157

NATIONAL INVESTMENT BANK LTD v ELAND INTERNATIONAL (THAILAND) CO LTD AND ANOTHER

Arbitration – Jurisdiction – Effect of appointment of arbitrator by the court on the right to contest jurisdiction – Waiver of permissive arbitration clause – Validity of notice of arbitration – Issue estoppel – Arbitration Act 1996, sections 14, 18 and 72.

[2023] 1 Lloyd's Rep. 174

NDK LTD v HUO HOLDING LTD AND ANOTHER

Arbitration – Jurisdiction – Relationship between Articles of Association and Shareholders' Agreement – Whether arbitration clause in Shareholders' Agreement applies to disputes under Articles of Association – Arbitrability of shareholder disputes – Arbitration Act 1996, sections 30 and 67.

[2023] 1 Lloyd's Rep. 183

NDK LTD v HUO HOLDING LTD (NO 2)

Arbitration – Jurisdiction – Severability of arbitration clause – Arbitration Act 1996, sections 7 and 67.

[2023] 1 Lloyd's Rep. 204

RQP v ZYX

Arbitration – Jurisdiction – Meaning of “award” – Set-off – Termination of arbitration agreement following repudiation – Enforcement of peremptory order – Arbitration Act 1996, sections 33, 41, 42, 52 and 67.

[2023] 1 Lloyd's Rep. 212

S3D INTERACTIVE INC v OOVEE LTD

Arbitration – Peremptory order made by arbitrator – Application to court for enforcement – Whether court required to determine jurisdictional challenge to arbitrator before granting enforcement – Arbitration Act 1996, sections 1, 30, 41, 42, 66 and 67.

[2023] 1 Lloyd's Rep. 228

DC BARS LTD AND ANOTHER v QIC EUROPE LTD

Insurance (business interruption) – Arbitration – Clause requiring arbitration of quantum disputes – Whether dispute purely about quantum – Stay of proceedings – Arbitration Act 1996, section 9.

[2023] 1 Lloyd's Rep. 239

DHL PROJECT & CHARTERING LTD v GEMINI OCEAN SHIPPING CO LTD (THE “NEWCASTLE EXPRESS”)

Arbitration – Jurisdiction – Separability – Charterparty – Effect of “subject” – Whether there was agreement for a charterparty and an arbitration clause – Arbitration Act 1996, sections 7 and 67.

[2023] 1 Lloyd's Rep. 245

NATIONAL OILWELL VARCO NORWAY AS v KEPPEL FELS LTD

Arbitration – Enforcement of award – Proceedings conducted in name of company no longer in existence – Whether award in favour of the company was enforceable – Succession – Estoppel.

[2023] 1 Lloyd's Rep. 263

WSB v FOL

Arbitration – Order dismissing appeal and application for permission to appeal without a hearing – Appeal against decision not to hold oral hearing – Civil Procedure Rules 3.3 and 23.8 – Commercial Court Guide 2022 – Arbitration Act 1996, sections 60, 61, 67, 68 and 69.

[2023] 1 Lloyd's Rep. 286