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Lloyd's Law Reports Plus RSS feed

GN v ZU (AS ADMINISTRATOR IN THE INSOLVENCY OF NIKI LUFTFAHRT GMBH)

Carriage of passengers by air – Air carrier liability in the event of accidents – Concept of “accident” – Spillage of a cup of coffee placed on the tray table of a seat – Bodily injuries caused to the passenger – Convention for the Unification of Certain Rules for International Carriage by Air 1999 (Montreal Convention), article 17(1).

[2020] Lloyd's Rep. Plus 1

MINISTER OF FINANCE AND ANOTHER v INTERNATIONAL PETROLEUM INVESTMENT CO AND ANOTHER

Challenge to arbitration award – Jurisdiction and serious irregularity – Parties agreeing that disputes arising about an award were to be arbitrated – Whether English court should stay proceedings pending second arbitration – Whether anti-arbitration should be granted – Arbitration Act 1996, sections 67 and 68 – Senior Courts Act 1981, section 37.

[2020] Lloyd's Rep. Plus 2

HARMONY INNOVATION SHIPPING PTE LTD v CARAVEL SHIPPING INC (THE “UNIVERSAL BREMEN”)

Practice – Mandatory injunction – Letter of indemnity – Cargo of coal discharged without bills of lading – Head charterer and sub-charterer providing back-to-back letters of indemnity – Bank arresting vessel in Singapore – Court granting head charterer mandatory injunction requiring sub-charterer to provide security and take all necessary steps to secure release of vessel – Sub-charterer applying to discharge injunction – Whether triable issue that cargo had been delivered - Whether injunction should be discharged.

[2020] Lloyd's Rep. Plus 4

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.

[2020] Lloyd's Rep. Plus 5

RUBICON VANTAGE INTERNATIONAL PTE LTD v KRISENERGY LTD

Guarantee – Parent company of bareboat charterer providing guarantee to owner – Owner making demand on guarantor in respect of works carried out to vessel prior to commencement of charter – Whether “on-demand” or “see-to-it” guarantee – Whether demand valid – Whether guarantor liable.

[2020] Lloyd's Rep. Plus 6

ODYSSEY AVIATION LTD v GFG 737 LTD

Sale of aircraft – Aircraft Sale and Purchase Agreement – Buyer purporting to terminate agreement for seller’s breach of warranty as to title and for failing to fulfil conditions precedent – Whether termination valid – Seller purporting to terminate agreement for buyer’s failure to pay balance of purchase price – Whether termination valid – Whether seller entitled to summary judgment for return of deposit – Whether buyer entitled to summary judgment for return of deposit.

[2020] Lloyd's Rep. Plus 7

OZMEN ENTERTAINMENT PTY LTD AND ANOTHER v NEPTUNE HOSPITALITY PTY LTD (THE “SEADECK”)

Joint venture – Fiduciary duty – Second applicant and respondent entering into joint venture agreement to operate business offering luxury cruises on Sydney Harbour – First applicant demise-chartering vessel to second applicant and respondent jointly for purpose of joint venture – Whether respondent in breach of joint venture agreement – Whether respondent in breach of fiduciary duty – Whether joint venture agreement validly terminated by second applicant – Whether charterparty validly terminated by first applicant.

[2020] Lloyd's Rep. Plus 8

GA-HYUN CHUNG v SILVER DRY BULK CO LTD

Arbitration – Jurisdiction – Validity of appointment of arbitrator – Whether claimant’s challenge was to “substantive jurisdiction” – Whether effect of Marshall Islands statute was to extend life of company after dissolution to enable arbitration proceedings to be served on it – Arbitration Act 1996, section 67.

[2020] Lloyd's Rep. Plus 10

VTB COMMODITIES TRADING DAC v JSC ANTIPINSKY REFINERY

Arbitration – Jurisdiction – Application to court for preliminary ruling on jurisdiction – Whether arbitration agreement repudiated – Scope of arbitration clause – Arbitration Act 1996, section 32.

[2020] Lloyd's Rep. Plus 11

REPUBLIC OF KOREA v DAYYANI AND OTHERS

Arbitration – Jurisdiction – Bilateral investment treaty –Meaning of “investment – Vienna Convention on the Law of Treaties 1969 – Arbitration Act 1996, section 67.

[2020] Lloyd's Rep. Plus 12

BNA v BNB AND ANOTHER

Arbitration – Law applicable to arbitration agreement – Whether applicable law followed main agreement or seat – Whether seat of arbitration in PRC or Singapore.

[2020] Lloyd's Rep. Plus 14

FEYHA MARITIME LTD v MILOUBAR CENTRAL FEEDMILL LTD AND ANOTHER

Carriage of goods by sea – Limitation of action – Plaintiff bringing cargo claim against carrier within one-year limitation period – Cargo insurer bringing separate claim against carrier within limitation period – Court ruling that plaintiff not owner of cargo –Application to amend claim after expiry of limitation period to add new party as plaintiff – Whether amendment should be allowed – Whether cargo insurer’s claim stopped limitation running – Hague-Visby Rules, article III, rule 6.

[2020] Lloyd's Rep. Plus 18

PRIYANKA SHIPPING LTD v GLORY BULK CARRIERS PTE LTD (THE “CSK GLORY”)

Sale of ship – Buyer contracting to scrap vessel and not to use her for trading – Buyer trading vessel in breach of agreement – Whether seller entitled to injunction – Whether damages adequate remedy – Whether seller entitled to “negotiating damages” – Whether buyer entitled to declaration that seller limited to nominal damages.

[2020] Lloyd's Rep. Plus 19

BRIGHT SHIPPING LTD v CHANGHONG GROUP (HK) LTD (THE “CF CRYSTAL” AND THE “SANCHI”)

Conflict of laws – Forum non conveniens – Collision at sea within exclusive economic zone of PRC – Plaintiff bringing proceedings against defendant in Shanghai Maritime Court and also in Hong Kong – Defendant applying for stay of Hong Kong proceedings on grounds of forum non conveniens and lis alibi pendens – Whether Hong Kong proceedings should be stayed in favour of Shanghai Maritime Court.

[2020] Lloyd's Rep. Plus 22

YACHT CLUB SOPOT SP ZOO v THE YACHT “MONSTER PROJECT”

Admiralty – Arrest of ship – Order for sale of ship – Vessel suffering damage while under arrest – Defendant seeking to stay order for sale of ship to investigate claim of negligence against Admiralty Marshal – Whether in the interests of justice to stay sale.

[2020] Lloyd's Rep. Plus 24

MATERIALS INDUSTRY AND TRADE (SINGAPORE) PTE LTD v VOPAK TERMINALS SINGAPORE PTE LTD

Contract – Lien – Storage company exercising contractual lien over stored cargo in respect of sums outstanding from customer – Storage company disposing of liened cargo – Plaintiff claiming title to cargo – Whether plaintiff had title to cargo – Whether disposal of cargo by storage company constituted conversion as against plaintiff.

[2020] Lloyd's Rep. Plus 28

ALIANCA NAVEGACAO E LOGISTICA LTDA v AMEROPA SA (THE “SANTA ISABELLA”)

Charterparty (Voyage) – Delay in discharging – Whether vessel took usual and reasonable route – Whether owners failed to take proper care of cargo – Whether vessel failed adequately to ventilate cargo – Whether vessel failed to fumigate adequately – Whether quarantine exception applied – Cause of delay in discharging – Hague-Visby Rules, article III, rule 2.

[2020] Lloyd's Rep. Plus 30

MUR SHIPPING BV v LOUIS DREYFUS COMPANY SUISSE SA (THE “TIGER SHANGHAI”)

Charterparty (Time) – Time-bar – Charterers bringing arbitration proceedings against owners for breach of charterparty – Charterparty providing that all claims shall be extinguished unless notified in writing and accompanied by all available supporting documents within 12 months from completion of charter – Charterers making timeous claim but subsequently relying on survey report sent with claim letter – Whether claim time-barred.

[2020] Lloyd's Rep. Plus 31

DIEP v WUOLLE

Tort – Damage to sailboat – Standard of seamanship.

[2020] Lloyd's Rep. Plus 34

MOTOR YACHT SALES AUSTRALIA PTY LTD v MEGISTI YACHT CHARTERS LTD (THE “HUNTER”)

Admiralty – Caveat in shipping register – Respondents summoned under Shipping Registration Act 1981 section 47B to show cause why the caveat should not be removed – Onus on the caveator to justify the caveat – No serious question to be tried – Balance of convenience favouring removal of the caveat.

[2020] Lloyd's Rep. Plus 36

E D & F MAN CAPITAL MARKETS LTD v STRAITS (SINGAPORE) PTE LTD

Conflict of laws – Forum non conveniens – Whether England proper place to bring claim against tenth defendant – Relevance of multiplicity of proceedings – Whether claimant entitled to sue tenth defendant in England.

[2020] Lloyd's Rep. Plus 37

AXA SA v GENWORTH FINANCIAL INTERNATIONAL HOLDINGS AND ANOTHER AXA FRANCE IARD (AS TRANSFEREE OF THE BUSINESS OF FINANCIAL INSURANCE CO LTD) AND OTHERS (NAMED THIRD PARTIES)

Sale and purchase agreement – Payment protection insurance – Sellers covenanting to pay on demand 90 per cent of PPI claims to purchasers – Whether obligation to pay was an indemnity – Whether sellers had subrogation rights – Whether sellers acted reasonably in withholding consent to agreements by buyers.

[2020] Lloyd's Rep. Plus 38

KABAB-JI SAL (LEBANON) v KOUT FOOD GROUP (KUWAIT)

Arbitration – Enforcement of award – Whether arbitration clause applied to contracting party’s parent company – Law applicable to arbitration agreement – Effect of entire agreement clause on arbitration agreement in the main contract – Effect of no oral modification clause – Whether judge should have made a final determination – Arbitration Act 1996, sections 7 and 103(2)(b).

[2020] Lloyd's Rep. Plus 39

A AND ANOTHER v C AND OTHERS

Arbitration – Court’s power to order evidence – Whether power available against a third party – Arbitration Act 1996, sections 2(3), 43 and 44 – CPR 62.5.

[2020] Lloyd's Rep. Plus 41

A AND ANOTHER v C AND OTHERS

Arbitration – Court’s power to order evidence – Whether power available against a third party – Arbitration Act 1996, sections 2(3), 43, 44 and 82 – CPR 34.8.

[2020] Lloyd's Rep. Plus 42

AMERICAS BULK TRANSPORT LTD v COSCO BULK CARRIER LTD (THE “GRAND FORTUNE”)

Arbitration – Jurisdiction – Sub-charter evidenced by fixture recap incorporating terms of head charterparty – Disponent owner not identified in recap – Arbitration commenced by assignee of head charterer claiming payment of hire against sub-charterer – Whether valid arbitration agreement – Sub-charterer disputing identity of disponent owner – Whether arbitration tribunal lacked jurisdiction.

[2020] Lloyd's Rep. Plus 43

FILATONA TRADING LTD AND ANOTHER v NAVIGATOR EQUITIES LTD AND OTHERS

Arbitration – Jurisdiction – Share purchase agreement – Disclosed and identified principal – Whether wording of agreement precluding intervention and reliance on that contract by disclosed and identified principal – Arbitration Act 1996, section 67.

[2020] Lloyd's Rep. Plus 44

VTB COMMODITIES TRADING DAC v JSC ANTIPINSKY REFINERY PETRACO OIL CO SA (INTERVENING)

Arbitration – Power of court to grant interim relief in cases of urgency – Whether matter ceasing to be urgent conferred jurisdiction to continue interim relief – Worldwide freezing order – Cargo injunction – Non-disclosure – Arbitration Act 1996, section 44 – Sale of Goods Act 1979, section 52.

[2020] Lloyd's Rep. Plus 48

ASPEN UNDERWRITING LTD AND OTHERS v CREDIT EUROPE BANK NV

Conflict of laws – Jurisdiction – Recovery of paid insurance proceeds – Settlement agreement – Exclusive jurisdiction clause in policy – Whether binding on mortgagee bank – “Matters relating to insurance” – Insurance – Hull and machinery policy – Brussels Regulation Recast.

[2020] Lloyd's Rep. Plus 50

TAQA BRATANI LTD AND OTHERS v ROCKROSE UKCS8 LLC

Contract – Implied terms – Claimants serving notices terminating appointment of defendant as Operator of oil and gas field blocks in North Sea – Whether claimants obliged to justify decision to terminate – Whether contract contained implied term that claimants would act in good faith.

[2020] Lloyd's Rep. Plus 52

FLIGHTRIGHT GMBH v IBERIA LAE SA OPERADORA UNIPERSONAL

Jurisdiction — Special jurisdiction in matters relating to a contract — Concept of “place of performance” — Contract for the provision of services — Air transport— Right to compensation for flight passengers in the event of cancellation or long delay of flights — Flight under a confirmed single booking with several connecting flights operated by two separate air carriers — Cancellation of the final leg of the journey — Claim for compensation brought against the air carrier in charge of the final leg of the journey before the court or tribunal which has territorial jurisdiction over the place of departure of the first leg of the journey—Regulation (EU) No 1215/2012 —Regulation (EC) No 261/2004.

[2020] Lloyd's Rep. Plus 53

ALBION ENERGY LTD v ENERGY INVESTMENTS GLOBAL BRL

Arbitration – Stay of proceedings – Sale and purchase agreement containing exclusive jurisdiction clause – Escrow Agreement containing arbitration clause – Whether claim under SPA governed by arbitration clause – Equitable set-off – Whether claim for mismanagement justified stay of SPA proceedings – Inherent jurisdiction to stay – Arbitration Act 1996, section 9.

[2020] Lloyd's Rep. Plus 54

PUNJAB NATIONAL BANK (INTERNATIONAL) LTD v BORIS SHIPPING LTD AND OTHERS

Procedure – Service of process – Summary judgment – Service abroad in accordance with Hague Convention – Exceptional circumstances permitting service by alternative means – Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965.

[2020] Lloyd's Rep. Plus 55

PARKES SHIRE COUNCIL v SOUTH WEST HELICOPTERS PTY LTD

Aviation – Psychiatric injury – Time bars – Convention for the Unification of Certain Rules Relating to International Carriage by Air 1929 (Warsaw Convention) as amended – Civil Aviation (Carriers’ Liability) Act 1959 (Cth), sections 28, 34 and 35.

[2020] Lloyd's Rep. Plus 56

THE “MAERSK KARACHI”

Admiralty practice – Pleadings – Cargo damaged by fire following hot works on vessel – Claimant cargo interests alleging unseaworthiness on basis that defendants’ systems for dealing with hot work were faulty – Defendants applying for summary judgment on basis that “faulty systems” claim had no real prospect of success – Relevance of possibility that additional material might become available prior to trial – Whether defendants entitled to summary judgment – CPR Part 24.

[2020] Lloyd's Rep. Plus 57

CARPATSKY PETROLEUM CORPORATION v PJSC UKRNAFTA

Arbitration – Enforcement of awards – New York Convention – Validity of arbitration agreement – Law applicable to arbitration agreement – Arbitration Act 1996, sections 101 and 103.

[2020] Lloyd's Rep. Plus 58

A v B

Arbitration – Enforcement of award – Application for enforcement – Scope of enforcement order – Arbitration Act 1996, sections 66 and 101.

[2020] Lloyd's Rep. Plus 60

JSC COMMERCIAL BANK PRIVATBANK v KOLOMOISKY AND OTHERS

Conflict of laws – Jurisdiction – Ukrainian bank bringing proceedings against personal and corporate defendants for large-scale fraud – Personal defendants domiciled in Switzerland – Corporate defendants domiciled in England – Whether article 6(1) of Lugano Convention subject to “sole object” test – Whether suing personal defendants in England was sole object of proceedings – Whether stay should be granted on lis alibi pendens grounds – Whether article 28(1) of Lugano Convention applied reflexively – Whether English and Ukrainian proceedings “related” – Whether judge erred in exercise of discretion in granting stay – Quantum of worldwide freezing order – Whether freezing order should be discharged for material non-disclosure – Lugano Convention, article 6(1) and 28(1) – Recast Brussels Regulation, article 34(1).

[2020] Lloyd's Rep. Plus 61

PRIMINDS SHIPPING (HK) CO LTD v NOBLE CHARTERING INC (THE “TAI PRIZE”)

Carriage of goods by sea – Master invited to sign bill of lading stating cargo shipped in apparent good order and condition – Cargo found to be damaged on discharge – Chinese courts holding shipowner liable to receivers – Head charterers settling with shipowner – Head charterers claiming indemnity from sub-charterers – Whether misrepresentation by master – Whether sub-charterers liable to indemnify head charterers – Hague Rules, article III, rules 3 and 5.

[2020] Lloyd's Rep. Plus 62

PETROCHEMICAL LOGISTICS LTD AND ANOTHER v PSB ALPHA AG AND ANOTHER

Arbitration – Freezing injunction to support arbitration – Arbitration Act 1996, sections 2(3) and 44 – Whether there was a risk of dissipation of assets – Whether there was sufficient connection between the English court and the arbitration – Senior Courts Act 1981, section 37.

[2020] Lloyd's Rep. Plus 64

OI v AIR NOSTRUM LÍNEAS AÉREAS DEL MEDITERRÁNEO SA

Air transport – Compensation for air passengers in the event of denied boarding – Cancellation – Connecting flights – Change of reservation against the passenger’s will – Arrival of the passenger at final destination without delay –Regulation (EC) No 261/2004.

[2020] Lloyd's Rep. Plus 67

ADEN REFINERY CO v GUNVOR SA

Contracts (sale of goods) – Renegotiation – Buyer’s agent agreeing a later delivery date and invoice – Authority to renegotiate – Evidence of market price.

[2020] Lloyd's Rep. Plus 68

LENKOR ENERGY TRADING DMCC v PURI

Recognition and enforcement of foreign judgment – Ground for refusing enforcement – Public policy – Illegality.

[2020] Lloyd's Rep. Plus 70

C LTD v D AND ANOTHER

Arbitration – Application for removal of arbitrator – Arbitrator resigning for other reasons before judgment – Whether costs order should be made against arbitrator – Whether there were serious doubts as to impartiality – Arbitration Act 1996, sections 24 and 29 – Civil Procedure Rules, Part 44.

[2020] Lloyd's Rep. Plus 74

SEVILLEJA v MAREX FINANCIAL LTD

Damages – Reflective loss – Claim by creditor against company – Whether creditor entitled to claim damages where company is liable to liquidator.

[2020] Lloyd's Rep. Plus 90

THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN (THE “PRESTIGE”) (NO 3)

Arbitration – Third-party claims – Direct action against insurer – Binding effect of arbitration clause – Conditional benefit doctrine – State immunity – Application for appointment of arbitrator – Anti-suit injunctions and damages – Arbitration Act 1996, sections 18, 48 and 66 – State Immunity Act 1978, sections 3 and 9 – Senior Courts Act 1981, sections 37 and 50.

[2020] Lloyd's Rep. Plus 92

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”) (NO 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 – Jurisdiction of the English courts – Whether good arguable case in respect of award claims – Whether judgment claims governed by insurance jurisdiction rules – State Immunity Act 1978, sections 2, 3, 9 and 12 – Civil Procedure Rules, Practice Direction 6B – Service Regulation, European Council Regulation 1393/2007/EC – Brussels Regulation Recast, Regulation 1215/2012/EU, articles 10 to 14.

[2020] Lloyd's Rep. Plus 93