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Lloyd's Law Reports Plus RSS feed

W NAGEL (A FIRM) v PLUCZENIK DIAMOND CO NV

Agency - Compensation following termination of agency relationship - Meaning of "commercial agent" - Commercial Agents (Council Directive) Regulations 1993 (SI 1993 No 3053), Regulation 2 - Breach of agreement not to terminate agency - Measure of damages.

[2019] Lloyd's Rep. Plus 1

THE “SWIBER CONCORDE”

Admiralty – Judicial ship sale – Forfeited deposit upon rescinded sale – Whether forfeited to State to forming part of proceeds of sale.

[2019] Lloyd's Rep. Plus 2

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.

[2019] Lloyd's Rep. Plus 3

SHAGANG SHIPPING CO LTD (IN LIQUIDATION) v HNA GROUP CO LTD

Bribery - Claim under guarantee for performance of charterparty - Allegation that charterparty procured by bribery and unenforceable - Evidence of bribery allegedly obtained by torture - Whether charterparty enforceable.

[2019] Lloyd's Rep. Plus 4

MARTY LTD v HUALON CORPORATION (MALAYSIA) SDN BHD

Arbitration – Jurisdiction – Respondent commenced judicial proceedings in breach of an arbitration clause – Whether the respondent was in repudiatory breach of arbitration agreement – Whether the appellant had accepted the repudiation – Whether arbitrator had jurisdiction over the dispute between the parties.

[2019] Lloyd's Rep. Plus 6

CSSA CHARTERING AND SHIPPING SERVICES SA v MITSUI OSK LINES LTD (THE “PACIFIC VOYAGER”)

Charterparty (Voyage) – Charterparty containing cancelling date but no ETA – Nature of owners’ obligation to commence approach voyage – Whether obligation absolute or to use due diligence – Whether cancelling date constituted the time when approach voyage had to be commenced – Vessel delayed through no fault of owners – Whether owners in breach of obligation in relation to approach voyage.

[2019] Lloyd's Rep. Plus 9

SOLEA INTERNATIONAL BVBA v BASSETT & WALKER INTERNATIONAL INC

Sale of goods – CIF sale of container of shrimp – Fundamental terms – Mitigation – Estoppel – Unjust enrichment – Convention on Contracts for the International Sale of Goods 1980, articles 49, 53, 74 to 77, 78.

[2019] Lloyd's Rep. Plus 12

ASPEN UNDERWRITING LTD v CREDIT EUROPE BANK NV

Conflict of laws – Jurisdiction – Hull and machinery policy – Recovery of paid insurance proceeds – Settlement agreement – Exclusive jurisdiction clauses in settlement agreement and policy – Whether binding on mortgagee bank – Tort, delict or quasi-delict – Undisclosed principal – “Matters relating to insurance” – Place where harmful event occurred – Insurance –Brussels Regulation Recast, Regulation 1215/2012/EU, articles 7, 10 and 14.

[2019] Lloyd's Rep. Plus 13

LORD ENERGY SA v THE SHIP “MV DANGJIN”

Admiralty – Vessel arrested in capacity of sister ship – Vessel held in trust as security for loan from bank – Bank the preferred beneficiary – Trustor a non-preferred beneficiary – Whether trustor the beneficial owner of ship – Korean Trust Act – Admiralty Act 1988 (Cth), sections 17, 18 and 19.

[2019] Lloyd's Rep. Plus 16

KOREA SHIPPING CORPORATION v LORD ENERGY SA (THE “MV DANGJIN”)

Admiralty – Title to ship transferred to trustee under trust for benefit of security holder – Ship registered in name of trustee held as security – Whether debtor beneficial owner of ship – Admiralty Act (Cth), section 19(b).

[2019] Lloyd's Rep. Plus 17

THE “LONG BRIGHT”

Admiralty – Judicial sale – Court having ordered sale of arrested vessel – Plaintiff not entitled as of right to release vessel and stop sale – Judicial discretion exercised to release vessel.

[2019] Lloyd's Rep. Plus 19

EURO-ASIAN OIL SA v CREDIT SUISSE AG AND OTHERS

Banking – Letter of credit – Sale of goods – Letter of indemnity – Contract for sale of gasoil CIF Constanza – Payment to be made against shipping documents or letter of indemnity – Letter of indemnity signed by seller and by seller’s bank - Buyer paying price but receiving no product – Buyer suing seller and seller’s bank – Whether contract in fact on CIF terms – Whether buyer entitled to damages – Measure of damages – Whether seller’s bank entitled to full indemnity from seller – Sale of Goods Act 1979, section 51(3).

[2019] Lloyd's Rep. Plus 20

A v B

Arbitration – Award - Serious irregularity – Appeal on points of law - Shipowners in breach of clause guaranteeing vessel’s approval by oil majors – Whether tribunal guilty of serious irregularity – Whether tribunal erred in awarding charterers loss of profits in addition to wasted expenditure – Whether damages ought to have been awarded on loss of chance principle – Arbitration Act 1996, sections 68 and 69.

[2019] Lloyd's Rep. Plus 21

GENERAL DYNAMICS UNITED KINGDOM LTD v STATE OF LIBYA

Arbitration – Enforcement – Sovereign immunity – Whether enforcement order has to be served on State – Arbitration Act 1996, section 101 – State Immunity Act 1978, section 12 – CPR 6.16, 6.44, 6.28 and 62.18.

[2019] Lloyd's Rep. Plus 24

WARNER v SCAPA FLOW CHARTERS

Practice – Limitation of time – Death of passenger on chartered vessel – Widow bringing action in negligence against charterers on behalf of dependant minor son – Whether claim time-barred – Athens Convention 1974, article 16(3) – Prescription and Limitation (Scotland) Act 1973, section 18.

[2019] Lloyd's Rep. Plus 25

A v B

Arbitration – Serious irregularity – Substantial injustice – Decision by tribunal to refuse to admit witness evidence – Arbitration Act 1996, sections 33 and 68(2).

[2019] Lloyd's Rep. Plus 26

BLANCHE v EASYJET AIRLINE CO LTD

Aviation – Delayed flight – Compensation – Whether air traffic management decision an extraordinary circumstance – Regulation 261/2004/EC, recital (15) and articles 5 and 7.

[2019] Lloyd's Rep. Plus 28

J v K

Arbitration – Jurisdiction – Serious irregularity – Construction of dispute resolution clause – Expert determination – Allegation that tribunal reopened earlier award – Arbitration Act 1996, sections 67 and 68.

[2019] Lloyd's Rep. Plus 29

ZAKO SPRL v SANIDEL SA

Agency – Right of compensation for dismissal of commercial agent – Meaning of “commercial agent” – Commercial Agents Directive, European Parliament and Council Directive 86/353/EEC.

[2019] Lloyd's Rep. Plus 30

QINGDAO HUIQUAN SHIPPING CO v SHANGHAI DONG HE XIN INDUSTRY GROUP CO LTD

Practice – Anti-suit injunction – Shipowners and cargo receivers concluding settlement agreement containing London arbitration clause – Third party bringing proceedings against shipowners in Chinese courts based on settlement agreement – Whether shipowners entitled to anti-suit injunction against third party.

[2019] Lloyd's Rep. Plus 31

PT SURYA CITRA MULTIMEDIA v BRIGHTPOINT SINGAPORE PTE LTD

Contracts – Sale of goods – Time of the essence – Mercantile contracts – Whether time of the essence in contract for the sale of goods – Mitigation Seller rejecting buyer’s post-breach offer to purchase rejected goods – Whether seller’s rejection reasonable – Sale of Goods Act (Cap 393, 1999 Rev Ed) sections 10, 48 and 50.

[2019] Lloyd's Rep. Plus 33

THE “NUR ALLYA”

Admiralty practice – Service of writ – Collision actions – Plaintiffs issuing writs timeously but failing to serve them within 12 months – Whether plaintiffs entitled to orders extending validity of writs – Relevance of settlement negotiations – Maritime Conventions Act 1911, section 8 – Rules of Court (Cap 322, R5, 2014 Rev Ed), Order 6 rule 4.

[2019] Lloyd's Rep. Plus 36

CHUDLEY v CLYDESDALE BANK PLC

Banking – Bank permitting sums to be paid out of segregated client account without securing undertakings – Whether agreement setting up client account was legally binding – Whether investors could rely upon agreement as third parties – Whether Bank’s breach was causative of loss – Contracts (Rights of Third Parties) Act 1999, sections 1(1)(b) and 1(3).

[2019] Lloyd's Rep. Plus 37

SOLETANCHE BACHY FRANCE SAS v AQABA CONTAINER TERMINAL (PVT) CO

Arbitration – Want of jurisdiction – Serious irregularity – Failure by arbitrator to disclose potential links with a relevant third party – Failure by tribunal to deal with all issues – Substantial injustice – Arbitration Act 1996, sections 30, 67, 68 and 82.

[2019] Lloyd's Rep. Plus 38

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 the 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.

[2019] Lloyd's Rep. Plus 41

SONACT GROUP LTD v PREMUDA SPA (THE “FOUR ISLAND”)

Arbitration – Jurisdiction – Voyage charterparty containing London arbitration clause – Demurrage dispute settled by email exchange – Charterers failing to pay sum agreed – Whether arbitrators had jurisdiction over owners’ claim to recover agreed settlement sum – Arbitration Act 1996, section 67.

[2019] Lloyd's Rep. Plus 42

SILVERBURN SHIPPING (IOM) LTD v ARK SHIPPING CO LLC (THE “ARCTIC”)

Charterparty (Bareboat) – Charterers contracting to maintain vessel and keep her “with unexpired classification of the class indicated in Box 10” – Whether classification obligation absolute or to reinstate expired class certificates within reasonable time – Whether classification obligation a condition or innominate term of charter – Whether owners entitled to withdraw vessel following expiry of class certificate.

[2019] Lloyd's Rep. Plus 43

ALIZE 1954 AND ANOTHER v ALLIANZ ELEMENTAR VERSICHERUNGS AG AND OTHERS (THE "CMA CGM LIBRA")

General average - Vessel grounding on uncharted shoal leaving port of Xiamen - Whether cargo interests obliged to contribute to general average - Whether actionable fault on part of owners - Whether vessel's passage plan defective - Whether defective passage plan made vessel unseaworthy - Whether owners failed to exercise due diligence - York-Antwerp Rules - Hague Rules, article III, rule 1.

[2019] Lloyd's Rep. Plus 44

GLOBALINK TRANSPORTATION AND LOGISTICS WORLDWIDE LLP v DHL PROJECT & CHARTERING LTD

Practice – Set-off – Freight forwarder claiming sums due from defendant – Defendant admitting claim but setting up cross claim for damages for breach of contract – Whether freight forwarder’s claims were for freight – Whether “no set-off” rule applied to cross claim – Whether freight forwarder entitled to summary judgment.

[2019] Lloyd's Rep. Plus 47

ZX v RYANAIR DAC

Jurisdiction – Claim for compensation for delayed flight – Jurisdiction based on location of branch – Submission to jurisdiction – Regulation (EU) No 1215/2012, articles 7(5), 17(3) and 26 – Regulation (EC) No 261/2004, article 7.

[2019] Lloyd's Rep. Plus 48

CHARTERED INSTITUTE OF ARBITRATORS v B AND OTHERS

Arbitration – Disciplinary proceedings brought against arbitrator – Disclosure of documents in earlier court proceedings relating to removal of arbitrator – Use of documents in disciplinary hearing – Senior Courts Act 1981, section 19 – CPR 5.4.

[2019] Lloyd's Rep. Plus 49

STATE A v PARTY B AND ANOTHER

Arbitration – Appeal against award for want of jurisdiction – Appeal out of time – Application for extension of time – Criteria to be applied – Arbitration Act 1996, sections 67, 70(3) and 80(5).

[2019] Lloyd's Rep. Plus 51

SIMPSON MARINE (SEA) PTE LTD v JIARAVANON

Restitution – Negotiations for purchase of yacht – Prospective buyer paying deposit to yacht dealer – Buyer not proceeding with purchase – Basis on which deposit paid – Whether buyer entitled to return of deposit.

[2019] Lloyd's Rep. Plus 53

STEF TRANSPORT RENNES AND ANOTHER v D & M FRASER

Carriage (road) – Chilled transport – Lorry transport of cheese from France to England – Cheese rejected upon arrival – Inherent vice – Special risks inherent in the stowage of goods – Evidence – Convention on the Contract for the International Carriage of Goods by Road (CMR Convention) – Carriage of Goods by Road Act 1965.

[2019] Lloyd's Rep. Plus 55

NOBISKRUG GMBH v VALLA YACHTS LTD

Contracts – Ship building – Unjust enrichment – Restitution – Payment by ship build purchaser to sub-contractors under reservation – Whether entitled to recover such payments from ship builder.

[2019] Lloyd's Rep. Plus 56

WIN MORE SHIPPING LTD v DIRECTOR OF MARINE

Procedure – Service out of the jurisdiction – Judicial review of decisions of classification society performing role of recognised organisation.

[2019] Lloyd's Rep. Plus 57

ZCCM INVESTMENTS HOLDINGS PLC v KANSANSHI HOLDINGS LTD AND ANOTHER

Arbitration – Appeal against award on the grounds of serious irregularity – Breach of the rules of natural justice – Failure to deal with all issues – Fraud – Failure of appellant to seek additional award from tribunal – Extension of time – Arbitration Act 1996, sections 57, 68, 70 and 80.

[2019] Lloyd's Rep. Plus 58

SVERIGES ANGFARTYGS ASSURANS FORENING (THE SWEDISH CLUB) AND OTHERS v CONNECT SHIPPING INC AND ANOTHER (THE “RENOS”)

Insurance (marine) – Vessel damaged by fire – Measure of indemnity – Constructive total loss – What costs counting towards calculation of measure of indemnity – Meaning of “cost of repairing the damage” – Hold harmless doctrine – Effect of notice of abandonment – Whether salvage costs incurred prior to notice of abandonment could be included – Whether costs incurred under SCOPIC clause counting towards constructive total loss – Marine Insurance Act 1906, sections 60 and 62.

[2019] Lloyd's Rep. Plus 59

AIRBUS SAS v GENERALI ITALIA SPA AND OTHERS

Conflict of laws – Jurisdiction – Subrogated insurers claiming in tort in Italy – Exclusive jurisdiction clause – Brussels Regulation Recast, Regulation (EU) No 1215/2012, article 25.

[2019] Lloyd's Rep. Plus 62

TRITTON RESOURCES PTY LTD AND OTHERS v EVER ROCK NAVIGATION SA (THE “IKAN JAHAN”)

Carriage of goods by sea – Time bar – Cargo interests bringing claims against shipowner seeking indemnity for sums paid towards the cost of salvage and for negative declarations in respect of contributions to general average – Claims based on alleged breaches of contract of carriage – Whether shipowner granted extensions of time for all claims brought under bill of lading – Cargo interest also seeking to bring claim in tort against shipowner – Title to sue – Sea-Carriage Documents Act 1997 (NSW), sections 8 and 9 – Amended Hague-Visby Rules, article III rule 6.

[2019] Lloyd's Rep. Plus 63

LUNGOWE AND OTHERS v VEDANTA RESOURCES PLC AND ANOTHER

Jurisdiction – Liability of parent company for torts of subsidiary – Parent company domiciled in England – Jurisdiction of English court over parent company – Subsidiary company domiciled in Zambia – Joinder – Whether subsidiary company a necessary or proper party to claims against the parent company – Appropriate forum – Brussels Regulation Recast, article 4 – Civil Procedure Rules, rule 6.37 and Practice Direction 6B, para 3.1(3).

[2019] Lloyd's Rep. Plus 68

WILMAR TRADING PTE LTD v HEROIC WARRIOR INC (THE “BUM CHIN”)

Sale of goods (fob) – Damage to goods – No bills of lading issued – Whether implied contract between buyers and shipowner – Title to sue – Whether buyers entitled to sue shipowner in contract and/or in tort – Whether shipowner owed duty of care to buyers – Whether shipowner in breach of duty of care.

[2019] Lloyd's Rep. Plus 70

GENERAL DYNAMICS UNITED KINGDOM LTD v STATE OF LIBYA

Arbitration – Enforcement – Sovereign immunity – Whether enforcement order has to be served on State – Arbitration Act 1996, section 101 – State Immunity Act 1978, section 12 – CPR 6.16, 6.44, 6.28 and 62.18.

[2019] Lloyd's Rep. Plus 72

WIN MORE SHIPPING LTD v DIRECTOR OF MARINE (NO 2)

Judicial review – Vessel detained in Hong Kong for breach of UN sanctions against North Korea – Owner of vessel applying for leave to bring judicial review of the failure by the Hong Kong Director of Marine to request the UN Security Council to release vessel from detention and also of the Director’s decision to close the vessel’s Hong Registration – Merchant Shipping (Registration) Ordinance, Cap 415, sections 22 and 64.

[2019] Lloyd's Rep. Plus 73

SABBAGH v KHOURY AND OTHERS

Arbitration – Anti-arbitration injunction – Criteria for grant – Senior Courts Act 1981, section 37 – Arbitration Act 1996, sections 1 and 9 – New York Convention 1958.

[2019] Lloyd's Rep. Plus 74

MCKEEVER v NORTHERNREEF INSURANCE CO SA

Insurance (marine) – Perils of the seas – Piracy – Suing and labouring – Breach of warranty – Unseaworthiness – Negligence – Marine Insurance Act 1906, sections 33, 39, 55 and schedule 1, rule 7.

[2019] Lloyd's Rep. Plus 75

COCKETT MARINE OIL DMCC v ING BANK NV AND ANOTHER (THE M/V “ZIEMIA CIESZYNSKA”)

Arbitration – Jurisdiction – Contracts for supply of bunkers – Collapse of OW Bunker Group – Whether arbitrators had jurisdiction to determine claims brought by ING Bank – Whether transactions incorporated OW Bunker Group’s standard terms – Whether terms subsequently varied – Whether assignment to ING Bank valid.

[2019] Lloyd's Rep. Plus 77

SILVERBURN SHIPPING (IOM) LTD v ARK SHIPPING CO LLC (THE “ARCTIC”)

Charterparty (Bareboat) – Charterers contracting to maintain vessel and keep her “with unexpired classification of the class indicated in Box 10” – Whether classification obligation a condition or innominate term of charter – Whether owners entitled to withdraw vessel following expiry of class certificate.

[2019] Lloyd's Rep. Plus 78

K v A

Sale of goods (fob) – Payment of price – Seller emailing invoice to broker directing buyer to make payment to specified bank account – Fraudster intercepting email and directing payment to be made to fraudulent account – Buyer making payment to fraudulent account – Whether risk of fraud on buyer or seller – Whether buyer complied with contractual payment obligation – Whether arbitration tribunal erred in law – Whether serious irregularity – Arbitration Act 1996, sections 68 and 69.

[2019] Lloyd's Rep. Plus 79

THE “YUE YOU 902” AND ANOTHER MATTER

Carriage of goods by sea – Cargo delivered by carrier without production of bills of lading against letter of indemnity – Unpaid bank holding bills of lading as security – Bank claiming damages against carrier for misdelivery of cargo – Whether bank acquired rights of suit – Whether bank holder of bills in good faith – Whether bank consented to discharge of cargo without presentation of bills of lading – Whether bank entitled to summary judgment - Singapore Bills of Lading Act.

[2019] Lloyd's Rep. Plus 80

AIC LTD v THE FEDERAL AIRPORTS AUTHORITY OF NIGERIA

Arbitration – Enforcement of award under New York Convention – Whether enforcement proceedings should be adjourned pending an appeal against the award in Nigeria – Security – Arbitration Act 1996, section 103(5).

[2019] Lloyd's Rep. Plus 81

K v S

Arbitration – Appeal against procedural order – Arbitration Act 1996, sections 33, 34 and 68.

[2019] Lloyd's Rep. Plus 85

BSG RESOURCES LTD v VALE SA AND OTHERS

Arbitration – Appeal against award – Enforcement order obtained – Application to set aside or stay enforcement order – Whether court should order security for the award and for costs – Arbitration Act 1996, sections 24, 66, 68 and 70 – Civil Procedure Rules 17.1(2), 44.5, 62.18 and 83.7.

[2019] Lloyd's Rep. Plus 86

GRACIE AND ANOTHER v ROSE

Arbitration – Serious irregularity – Failure to consider all issues – Breach of procedural agreement – Substantial injustice – Arbitration Act 1996, sections 57, 68 and 70.

[2019] Lloyd's Rep. Plus 87

LEIDOS INC v THE HELLENIC REPUBLIC

Arbitration – Enforcement of award – Arbitration Act 1996, sections 101 and 103 – Costs – CPR 44 and 62.18.

[2019] Lloyd's Rep. Plus 88

NATIXIS SA v MAREX FINANCIAL AND ANOTHER

Sale of goods – Obligation on seller to pass good title – Common mistake and allocation of risk – Whether duty of care owed by warehouse in authenticating forged receipts – Duty of care to seller – Duty of care to buyer – Nature of bailment – Contributory negligence – Mitigation – Validity of exclusion clause – Law Reform (Contributory Negligence) Act 1945 – Unfair Contract Terms Act 1977.

[2019] Lloyd's Rep. Plus 90

STERLING v RAND AND ANOTHER

Arbitration – Power of tribunal – Order for specific enforcement – Enforcement of award – Waiver of right to challenge jurisdiction – Public policy – Arbitration Act 1996, sections 30, 48, 66, 68, 73 and 81.

[2019] Lloyd's Rep. Plus 92

LC AND ANOTHER v EASYJET AIRLINE CO LTD

Aviation – Delay in flight – Claim for compensation – Whether claimant required to produce boarding pass as evidence – Council Regulation (EC) No 261/2004 on compensation and assistance to passengers.

[2019] Lloyd's Rep. Plus 95

GUAITOLI AND OTHERS v EASYJET AIRLINE CO LTD

Aviation – Compensation to passengers for delay – Jurisdiction – Montreal Convention 1999 – European Council Regulation (EC) No 261/2004 on compensation and assistance to passengers – Brussels Regulation Recast, European Council Regulation (EU) No 1215/2012.

[2019] Lloyd's Rep. Plus 96

BTN AND ANOTHER v BTP AND ANOTHER

Arbitration – Tribunal ruling that it was bound by decisions of the Malaysian Industrial Court – Whether tribunal had jurisdiction – Procedural irregularity – Public policy.

[2019] Lloyd's Rep. Plus 98

NUSTAR ENERGY SERVICES INC v M/V COSCO AUCKLAND

Admiralty – Maritime liens – Claim for payment by physical supplier of bunkers to vessel under contract supply chain where one intermediate party had become insolvent.

[2019] Lloyd's Rep. Plus 99