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Lloyd's Law Reports Plus RSS feed

SHANGHAI SHIPYARD CO LTD v REIGNWOOD INTERNATIONAL INVESTMENT (GROUP) CO LTD

Contract - Guarantee – Shipbuilding contract – Builder claiming final instalment of price – Dispute as to whether buyer liable to pay final instalment – Builder claiming final instalment from guarantor on basis that guarantee was a demand guarantee – Whether guarantee a demand guarantee or a see to it guarantee – Whether guarantor’s liability dependent upon time of commencement of arbitration relating to underlying dispute.

[2022] Lloyd's Rep. Plus 1

READIE CONSTRUCTION LTD v GEO QUARRIES LTD

Sale of goods – Goods not of correct quality – Contract term barring deduction from price – Whether applicable to abatement – Whether seller entitled to recover price – Sale of Goods Act 1979, section 49(2).

[2022] Lloyd's Rep. Plus 3

ADACTIVE MEDIA INC v INGROUILLE

Arbitration – Contract containing arbitration and jurisdiction clauses – Reconciliation – Enforcement of foreign judgment – Civil Jurisdiction and Judgments Act 1982, section 32.

[2022] Lloyd's Rep. Plus 4

SPACE SHIPPING LTD v ST SHIPPING AND TRANSPORT PTE LTD (THE “CV STEALTH”) (NO 4)

Arbitration – Vessel subjected to prolonged detention by Venezuelan courts – Owners making series of arbitration claims against charterers – Arbitrator giving charterers credit for US$1.4 million drydocking fees potentially saved by owners – Whether arbitrator erred in law in deducting saved drydocking fees from owners’ claim.

[2022] Lloyd's Rep. Plus 6

HAMILTON v SECRETARY OF STATE FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY AND ANOTHER

Practice – Enforcement – Writs of control – Enforcement agent taking control of motor vessel and applying for order of sale – Third party asserting ownership of vessel and opposing sale order – High Court dismissing third party’s claim and ordering sale of vessel – Whether High Court had jurisdiction to make order of sale – Whether enforcement agent empowered to sell vessel – Whether vessel statutorily abandoned – Tribunals, Courts and Enforcement Act 2007, schedule 12, paras 40, 53 and 60 – The Taking Control of Goods Regulations 2013, Regulation 9 – Civil Procedure Rules, Part 85.4.

[2022] Lloyd's Rep. Plus 8

HERCULITO MARITIME LTD AND OTHERS v GUNVOR INTERNATIONAL BV AND OTHERS (THE “POLAR”)

General average – Vessel held to ransom by pirates in Gulf of Aden – Shipowners seeking to recover ransom payment from bill of lading holders – Whether charterparty provision for charterers to pay war risk and ransom insurance premiums incorporated into bills of lading – Whether shipowners precluded from recovering contribution from bill of lading holders.

[2022] Lloyd's Rep. Plus 9

KARPIK v CARNIVAL PLC (THE “RUBY PRINCESS”)

Contracts (carriage of passengers) – Outbreak of Covid-19 onboard cruise ship – Passengers’ claim in tort and under consumer legislation – Application for stay – Incorporation of terms – Carrier’s terms and conditions – Exclusive jurisdiction clause – Class action waiver clause – Consumer law – Unfair terms –Representative proceedings under Part IVA of the Federal Court of Australia Act 1976 – Australian Consumer Law, sections 18, 29, 60 and 61.

[2022] Lloyd's Rep. Plus 11

M/V PACIFIC PEARL CO LTD v OSIOS DAVID SHIPPING INC

Admiralty – Collision action – Collision jurisdiction agreement – Each shipowner to provide security “in a form reasonably satisfactory to the other” – Whether letter of undertaking containing sanctions clause was in a form “reasonably satisfactory” to the other – Whether implied term of collision jurisdiction agreement that offer of letter of undertaking in “reasonably satisfactory” form had to be accepted.

[2022] Lloyd's Rep. Plus 12

EASTERN PACIFIC CHARTERING INC v POLA MARITIME LTD (THE “POLA DEVORA”)

Jurisdiction – Scope of charterparty jurisdiction clause – Disputes to which clause applicable – Meaning of “in connection with” – Claim in tort arising out of alleged wrongful arrest – CPR 11.1 and 3.4(2) – Arrest Convention 1952, articles 4, 6, 7 – Brussels Convention 1968, articles 4, 17, 18, 21, 22, 24 – Civil Jurisdiction and Judgments Act 1982, Schedule 1 – Civil Jurisdiction and Judgments Act 1982 (Gibraltar) Order 1997 (SI 1997 No 2602).

[2022] Lloyd's Rep. Plus 14

NAVIG8 CHEMICALS POOL INC v AETURNUM ENERGY INTERNATIONAL PTE LTD (THE “NAVIG8 AMETRINE”)

Charterparty (Time) – Letter of indemnity – Charter containing provision obliging owners to deliver cargo without production of bills of lading against LOI – Charterers requesting discharge of cargo without production of bills of lading – Cargo discharged to receiver nominated by charterers – Whether production of identification of receiver condition precedent to triggering of charterer’s obligations under LOI – Whether charterers in breach of LOI – Whether disponent owners entitled to mandatory injunction and damages.

[2022] Lloyd's Rep. Plus 16

THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE FRENCH STATE (THE “PRESTIGE”) (NOS 3 AND 4)

Arbitration – Claims against France and Spain for failure to honour arbitration award and failure to honour enforcement judgment in respect of the award – Whether France and Spain entitled to sovereign immunity – Appointment of an arbitrator – Jurisdiction of the English courts – Whether good arguable case in respect of award claims – Effect of declaratory award – Whether judgment claims governed by insurance jurisdiction rules – Arbitration Act 1996, sections 18 and 66 – State Immunity Act 1978, sections 3 and 9 – Civil Procedure Rules, Practice Direction 6B – Brussels Regulation Recast, European and Council Regulation (EU) No 1215/2012, articles 10 to 14.

[2022] Lloyd's Rep. Plus 17

NORD NAPHTHA LTD v NEW STREAM TRADING AG

Contracts – Interpretation – Sale of ultra-low sulphur diesel – Advance paid – Contract terminated – Claim for return of advance – Force majeure.

[2022] Lloyd's Rep. Plus 18

BLACK SEA COMMODITIES LTD v LEMARC AGROMOND PTE LTD

Arbitration – Jurisdiction of arbitrators – Contract – Arbitration agreement – Sale agreement – Whether arbitration agreement concluded – Whether GAFTA arbitration clause incorporated by custom – Arbitration Act 1996, section 67.

[2022] Lloyd's Rep. Plus 19

SALT SHIP DESIGN AS v PRYSMIAN POWERLINK SRL

Contracts – Ship design – Claimant exclusively appointed to design vessel – Interpretation – Duration of exclusivity – Confidential design documents used by third party to produce alternative design – Tort – Unlawful means conspiracy – Exemplary damages – Trade Secrets (Enforcement, etc) Regulations 2018 (SI 2018 No 597).

[2022] Lloyd's Rep. Plus 20

TWW YACHTS SARL v THE YACHT “LORETTA” (NO 2)

Contracts – Sale of yacht – Parties having varied contract with condition that buyer show carriage contract for the transport of the yacht – Beneficial buyer concluding carriage contract – Specific performance ordered – Whether buyer entitled to credit for cost of cancelled carriage contract – MYBA standard terms, clause 41.

[2022] Lloyd's Rep. Plus 22

TWW YACHTS SARL v THE YACHT “LORETTA” (NO 3)

Procedure – Enforcement of judgment – Joinder of non-party – Party’s cooperation required for enforcement – Non-party a beneficial owner and in control of seller of yacht – Federal Court Rules 2011 (Cth), rule 9.05(1)(b)(i).

[2022] Lloyd's Rep. Plus 23

WARNER v SCAPA FLOW CHARTERS

Carriage of passengers – Liability of carrier – Death or personal injury – Defect in ship – Fault or neglect – Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 – Merchant Shipping Act 1995, section 183 – Carriage of Passengers and their Luggage by Sea (Domestic Carriage) Order 1987 (SI 1987 No 670).

[2022] Lloyd's Rep. Plus 24

ROYAL CARIBBEAN CRUISES LTD AND ANOTHER v REED AND ANOTHER

Jurisdiction – Personal injury to tourists on volcano island excursion – Carriage of persons – Application to serve process abroad – Agreement relating to carriage of persons by a ship – Requirement that proceedings be of a kind mentioned in rule 10.42 of the Federal Court Rules 2011 (Cth) is satisfied – Admiralty Act 1988 (Cth), sections 4(1), 4(3)(f) and 9(1) – Federal Court Rules 2011 (Cth), rules 10.42 and 10.43.

[2022] Lloyd's Rep. Plus 25

SODZAWICZNY v MCNALLY

Arbitration – Summary enforcement – Equitable remedy – Discretion of court – Arbitration Act 1996, section 66.

[2022] Lloyd's Rep. Plus 27

ARKLOW SHIPPING UNLIMITED CO AND OTHERS v DROGHEDA PORT CO DAC (THE “ARKLOW VALOUR”)

Docks and harbours – Vessel grounding on sandbar at mouth of River Boyne – Sandbar within limits of Drogheda Harbour managed by defendant port company – Whether defendant liable – Whether breach of statutory duty – Whether defendant “occupier” of entrance to harbour – Whether defendant in breach of duty – Whether grounding caused by alleged incorrect advice on part of defendant as to maximum sailing draft – Harbours Act 1996 – Occupiers’ Liability Act 1995.

[2022] Lloyd's Rep. Plus 28

HOLYHEAD MARINA LTD v FARRER AND OTHERS

Limitation of liability – Marina damaged by storm – Owner of marina bringing limitation claim against owners of damaged pleasure craft – Whether marina owner entitled to limit – Whether marine a “dock” – Merchant Shipping Act 1995, section 191.

[2022] Lloyd's Rep. Plus 29

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.

[2022] Lloyd's Rep. Plus 30

ROYAL CARIBBEAN CRUISES LTD v BROWITT

Procedure – Anti-suit injunction – Proceedings against the first applicant in Florida – Whether in breach of exclusive jurisdiction clause – Whether first applicant a party to or having rights under exclusive jurisdiction clause – Whether second applicant entitled to enforce exclusive jurisdiction clause with respect to proceedings against first applicant – Whether Florida proceedings vexatious and oppressive – Contracts – Whether carrier’s standard terms and conditions incorporated into contract of carriage – Whether signature by customer of travel agent’s terms and conditions providing for bookings on the carrier’s terms and conditions sufficient to incorporate the latter – Whether reasonable notice of carrier’s standard terms and conditions given to the customer – Agency – Whether travel agent an agent for the customer in making the booking – Whether notice of carrier’s standard terms and conditions to travel agent constituting notice to customer – Whether dual agency.

[2022] Lloyd's Rep. Plus 31

MALAYAN BANKING BERHAD v PROCEEDS OF THE SALE OF THE SHIP “TERAS BANDICOOT”

Admiralty – Ship sale – Proceeds of sale – Application for default or summary judgment against proceeds – Orders for the judicial sale of the vessel made in related proceedings – Court holding proceeds of sale pending determination of priorities – Whether but for the judicial sale of the vessel the plaintiff could have commenced an action in rem – Whether plaintiff’s claim for repayment and interest under ship’s mortgage a proprietary maritime claim – Whether summary judgment or default judgment the appropriate mechanism in circumstances where owner of vessel has not filed an appearance and has evinced no intention to participate in or defend proceedings.

[2022] Lloyd's Rep. Plus 42

MALAYAN BANKING BERHAD v PROCEEDS OF THE SALE OF THE SHIP “LAUREN HANSEN”

Admiralty – Ship sale – Proceeds of sale – Application for default or summary judgment against proceeds – Orders for the judicial sale of the vessel made in related proceedings – Court holding proceeds of sale pending determination of priorities – Whether but for the judicial sale of the vessel the plaintiff could have commenced an action in rem – Whether plaintiff's claim for repayment and interest under ship’s mortgage a proprietary maritime claim – Whether summary judgment or default judgment the appropriate mechanism in circumstances where owner of vessel has not filed an appearance and has evinced no intention to participate in or defend proceedings.

[2022] Lloyd's Rep. Plus 43

THE “NAVIOS KOYO”

Arbitration – Stay of court proceedings – Whether stay should be made conditional upon defendant waiving time-bar defence.

[2022] Lloyd's Rep. Plus 44

THE “BIG FISH”

Admiralty – Procedure – Action in rem – Conflict of laws – Forum election – Lis alibi pendens – Striking out – Duty of disclosure.

[2022] Lloyd's Rep. Plus 45

ZHD v SQO

Arbitration – Anti-suit injunction – Incorporation of arbitration clause into bill of lading – Order restraining defendant from continuing foreign proceedings and requiring action to have the proceedings stayed – Permission to serve outside the jurisdiction – Alternative service – Senior Courts Act 1981, section 37 – CPR 6.15, 6.27, 6.37, 62.5 and PD6B.

[2022] Lloyd's Rep. Plus 46

MATTHEW AND OTHERS v SEDMAN AND OTHERS

Limitation of actions – Accrual of cause of action – Whether first day on which a claim could be made was included in the limitation period – Limitation Act 1980, sections 2, 5 and 21.

[2022] Lloyd's Rep. Plus 51

LLC AGRONEFTEPRODUKT v AMEROPA AG

Arbitration – Jurisdiction – Validity of notice of arbitration – Rectification – Estoppel – Arbitration Act 1996, sections 14(4) and 67.

[2022] Lloyd's Rep. Plus 53

CHELLURI v AIR INDIA LTD

Aviation – Compensation for delayed flight – Booking for US to India using four flights – Whether compensation payable for delay in the UK –European Parliament and Council Regulation (EC) No 261/2004.

[2022] Lloyd's Rep. Plus 54

SAS INSTITUTE INC v WORLD PROGRAMMING LTD

Anti-suit injunction – Anti-enforcement injunction – Enforcement of judgments – Exorbitant enforcement orders – Comity – Location of debts.

[2022] Lloyd's Rep. Plus 55

ROYAL CARIBBEAN CRUISES LTD v RAWLINGS

Tort – Trespass to the person – False imprisonment – Cruise passenger detained onboard after allegation of sexual assault – Whether detention justified.

[2022] Lloyd's Rep. Plus 57

TENKE FUNGURUME MINING SA v KATANGA CONTRACTING SERVICES SAS

Arbitration – Serious irregularity – Refusal of tribunal to allow site inspection – Refusal of tribunal to adjourn for illness of leading counsel – Award of litigation funding costs – Award of compound interest – Arbitration Act 1996, sections 33, 49, 59, 61 and 68.

[2022] Lloyd's Rep. Plus 59

CLQ v CLR

Arbitration – Jurisdiction – Judicial proceedings commenced despite existence of arbitration clause – Nature of appeal hearing – Whether arbitration clause repudiated.

[2022] Lloyd's Rep. Plus 60

PUSAN NEWPORT CO LTD v THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIPS OR VESSELS “MILANO BRIDGE” AND “CMA CGM MUSCA” AND “CMA CGM HYDRA”

Conflict of laws – Forum non conveniens – Allision between vessel and berth at South Korean maritime terminal – Terminal operator bringing Admiralty Action against sister ship in Hong Kong – Vessel owners bringing cross action and limitation proceedings in South Korea – Whether Hong Kong action should be stayed – Relevance of forum shopping.

[2022] Lloyd's Rep. Plus 62

NWA AND ANOTHER v NVF AND OTHERS

Arbitration – Jurisdiction – Tiered arbitration clause – Challenge to decision of arbitrator – Whether jurisdiction or admissibility – Arbitration Act 1996, sections 30, 67 and 82.

[2022] Lloyd's Rep. Plus 65

MAERSK A/S v MERCURIA ENERGY TRADING SA

Practice – Anti-suit injunction – Contracts of carriage containing exclusive English jurisdiction clause and one-year time bar – Cargo owners bringing proceedings in Turkey against carrier and others – Carrier applying for anti-suit injunction – Whether injunction should be refused on grounds of delay or of prejudice to cargo owners by reason of time-bar – Whether court should impose conditions – Senior Courts Act 1981, section 37.

[2022] Lloyd's Rep. Plus 67

SK SHIPPING EUROPE PLC v CAPITAL VLCC 3 CORP AND ANOTHER (THE “C CHALLENGER”)

Charterparty (Time) – Misrepresentation – Whether owners misrepresented vessel’s fuel consumption – Whether owners in repudiatory breach of charter – Whether charterers entitled to rescind or terminate charter for misrepresentation or repudiatory breach –– Whether guarantor liable.

[2022] Lloyd's Rep. Plus 68

UNIÓN FENOSA GAS SA v ARAB REPUBLIC OF EGYPT

Arbitration – Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID) – Enforcement and recognition of ICSID awards – Procedure for registration in England – Whether service of claim form required – CPR 6, 62.21 and 74.

[2022] Lloyd's Rep. Plus 75

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

Arbitration – Jurisdiction – Recap email setting out agreed terms of charterparty but stated to be subject to shipper’s approval – Agreed terms including London arbitration clause – Shippers not approving vessel – Whether arbitration agreement concluded – Separability doctrine – Arbitration Act 1996, sections 7 and 67.

[2022] Lloyd's Rep. Plus 84