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Lloyd's Law Reports Plus RSS feed

HOLLEMAN SPECIAL TRANSPORT & PROJECT CARGO SRL v CO UK SHIPPING AND TRADING LTD

Contract of carriage (road) – Freight – Set-off – Daily rate payment under carriage or transport contract not amounting to freight – Set-off permitted – Construction of contracts – Contextual issues – Convention on Contracts for the International Carriage of Goods by Road 1956.

[2023] Lloyd's Rep. Plus 1

FIMBANK PLC v KCH SHIPPING CO LTD (THE “GIANT ACE”) (NO 2)

Contracts (bills of lading) – Misdelivery – Claim for misdelivery following discharge – Time bar – Whether Hague-Visby Rules time bar applicable to claims for misdelivery of cargo after discharge from the vessel – Contractual application of Hague-Visby Rules – Period between discharge and delivery – “Carver implied term” – Hague-Visby Rules, article III rule 6.

[2023] Lloyd's Rep. Plus 2

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] Lloyd’s Rep. Plus 7

ARI v WXJ

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

[2023] Lloyd’s Rep. Plus 9

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] Lloyd's Rep. Plus 12

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] Lloyd's Rep. Plus 13

CVG v CVH

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

[2023] Lloyd's Rep. Plus 14

ROSE v CARNIVAL CORPORATION

Contracts (passengers) - Cruise ship passenger suffering injury on round-trip cruise from Miami - Litigation in Ontario - Carriage contract containing forum selection clause.

[2023] Lloyd's Rep. Plus 30

VIVA ENERGY AUSTRALIA PTY LTD v MT "AG NEPTUNE" (NO 2)

Admiralty - Arrest - Ship ordered to sail under arrest to Gladstone - Application to amend orders - Vessel unable to safely reach Gladstone via route within the territorial sea - Marshal's custody of the vessel - Owners' undertaking that no point about the validity of the arrest would be taken - Admiralty Act 1988 (Cth), section 22.

[2023] Lloyd's Rep. Plus 38

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] Lloyd's Rep. Plus 44

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] Lloyd's Rep. Plus 45

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] Lloyd's Rep. Plus 46

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] Lloyd's Rep. Plus 47

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] Lloyd's Rep. Plus 48

NDK LTD v HUO HOLDING LTD (NO 2)

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

[2023] Lloyd's Rep. Plus 49

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] Lloyd's Rep. Plus 50

BUHEIRY v VISTAJET LTD

Arbitration – Jurisdiction – Serious irregularity – Whether rights validly assigned to arbitration creditor – Whether proper notice of arbitration given to arbitration debtor – Arbitration Act 1996, sections 67 and 68.

[2023] Lloyd's Rep. Plus 51

BARTON AND OTHERS v MORRIS AND ANOTHER

Contract – Whether commission payable for introduction of purchaser – Express term – Term implied in fact – Term implied in law – Unjust enrichment.

[2023] Lloyd's Rep. Plus 57