Lloyd's Law Reports

: HALLIBURTON CO v CHUBB BERMUDA INSURANCE LTD; Arbitration – Removal of arbitrator – Potential bias – Test for potential bias – Whether arbitrator should have disclosed other later appointments – Arbitration Act 1996, sections 24 and 33.; [2021] 1 Lloyd's Rep. 1

: DAELIM CORPORATION v BONITA CO LTD AND OTHERS (THE “DL CARNATION”); Practice – Injunction to preserve assets in support of arbitration proceedings – Claimant and defendant each asserting debt as against third party – Third-party debtor willing to pay to whomever it was obliged to pay – Defendant refusing to agree to debt being paid into joint account on appropriate terms – Claimant obtaining ex parte injunction restraining defendant from taking steps to recover debt from third party – Whether injunction should be discharged – Arbitration Act 1996, section 44(3).; [2021] 1 Lloyd's Rep. 37

: LENKOR ENERGY TRADING DMCC v PURI; Recognition and enforcement of foreign judgment – Ground for refusing enforcement – Public policy – Illegality.; [2021] 1 Lloyd's Rep. 47

: JENNINGS v TUI UK LTD (T/A THOMSON CRUISES); Admiralty – Personal injury action – Claimant sustaining injury on fixed walkway while disembarking from cruise ship – Whether incident occurred in course of carriage – Whether Athens Convention applied – Whether incident caused by fault or neglect of cruise operator – Whether defendants liable under Package Travel Regulations – Athens Convention 1974, articles 1(8) and 3 – Package Travel, Package Holidays and Package Tours Regulations 1992.; [2021] 1 Lloyd's Rep. 61

: MAHAPATRA v TUI UK LTD; Admiralty – Personal injury action – Claimant sustaining injury on fixed walkway while disembarking from cruise ship – Whether injury occurred in course of carriage – Whether Athens Convention applied – Whether defendant entitled to summary judgment – Whether claimant entitled to amend particulars of claim to include new claim based on Package Travel Regulations – Athens Convention 1974, articles 1(8) and 3 – Package Travel, Package Holidays and Package Tours Regulations 1992 – Civil Procedure Rules 17.4(2) and 24.; [2021] 1 Lloyd's Rep. 71

: ALEXANDER BROTHERS LTD (HONG KONG SAR) v ALSTOM TRANSPORT SA AND ANOTHER; Arbitration – Enforcement of award – Public policy – Failure to disclose material facts to judge – Issue estoppel – Arbitration Act 1996, section 103.; [2021] 1 Lloyd's Rep. 79

: FIMBANK PLC v DISCOVER INVESTMENT CORPORATION (THE “NIKA”); Practice – Freezing injunction – Claimant bank asserting claim against defendant shipowner for delivery of cargo without production of bills of lading – Claimant obtaining freezing injunction on ex parte basis – Defendant applying to discharge injunction – Whether good arguable case on the merits – Whether claimant make full and frank disclosure.; [2021] 1 Lloyd's Rep. 109

: FEDERAL REPUBLIC OF NIGERIA v PROCESS & INDUSTRIAL DEVELOPMENTS LTD; Arbitration – Extension of time for an appeal – Enforcement order made – Discovery of alleged fraud – Appeal against the award – Extension of time – Arbitration Act 1996, sections 67, 68, 70(3) and 80(5).; [2021] 1 Lloyd's Rep. 121

: HERCULITO MARITIME LTD AND OTHERS v GUNVOR INTERNATIONAL BV AND OTHERS (THE “POLAR”); General average – Vessel kidnapped and held to ransom by pirates in Gulf of Aden – Shipowners paying ransom for release of vessel – Shipowners seeking to recover ransom payment from bill of lading holders as general average contribution – Charterparty providing for charterers to pay premiums for war risks and kidnap and ransom insurance – Whether relevant charterparty provisions incorporated into bills of lading – Whether shipowners precluded from recovering contribution from bill of lading holders.; [2021] 1 Lloyd's Rep. 150

: SENIORITY SHIPPING CORPORATION SA v CITY SEED CRUSHING INDUSTRIES LTD (THE “JOKER”); Practice – Anti-suit injunction – Bills of lading expressly incorporating charterparty Law and Arbitration Clause – Charterparty providing for English law and London arbitration – Applicable law governing issue of incorporation – Bill of lading holders bringing cargo claim in Bangladesh in breach of London arbitration clause – Owners bringing proceedings in England claiming final anti-suit injunction – Whether injunction should be granted – Rome I Regulation (Regulation (EC) No 593/2008), articles 10(1) and (2).; [2021] 1 Lloyd's Rep. 169

: ULUSOY DENIZILIK AS v COFCO GLOBAL HARVEST (ZHANGJIAGANG) TRADING CO LTD (THE “ULUSOY-11”); Practice – Anti-suit injunction – Bills of lading expressly incorporating charterparty Law and Arbitration Clause – Applicable law governing issue of incorporation – Identity of governing charterparty – Whether Law and Arbitration Clause incorporated into bills of lading – Bill of lading holders bringing cargo claim in China – Whether breach of London arbitration clause – Whether owners entitled to anti-suit injunction – Rome I Regulation (Regulation (EC) No 593/2008), articles 10(1) and (2).; [2021] 1 Lloyd's Rep. 177

: GRACE OCEAN PRIVATE LTD v MV “BULK POLAND”; Practice – Anti-suit injunction – Bills of lading expressly incorporating charterparty Law and Arbitration Clause – Charterparty providing for English law and London arbitration – Applicable law governing issue of incorporation – Bill of lading holders bringing cargo claim in China in breach of London arbitration clause – Owners bringing proceedings in England and applying for interim anti-suit injunction – Whether injunction should be continued – Rome I Regulation (Regulation (EC) No 593/2008), articles 10(1) and (2).; [2021] 1 Lloyd's Rep. 194

: GUARDIAN OFFSHORE AU PTY LTD v SAAB SEAEYE LEOPARD 1702 REMOTELY OPERATED VEHICLE LATELY ON BOARD THE SHIP “OFFSHORE GUARDIAN” AND ANOTHER; Admiralty jurisdiction – Action in rem against remotely operated underwater vessel (ROV) – Whether ROV a “ship” – Whether court had in rem jurisdiction – Admiralty Act 1988 (Cth), section 3.; [2021] 1 Lloyd's Rep. 201

: KELLETT v RCL CRUISES LTD AND OTHERS; Negligence – Package holiday – Plaintiff sustaining personal injury in course of “White Knuckle Jet Boat Thrill Ride” – Whether cruise line operator and travel agent liable – Package Holidays and Travel Trade Act 1995, section 20.; [2021] 1 Lloyd's Rep. 213

: BRIDGEHOUSE (BRADFORD NO 2) LTD v BAE SYSTEMS PLC; Arbitration – Stay of proceedings – Application for order consequent on restoration of company to register – Scope of arbitration clause – Arbitrability – Public policy – Arbitration Act 1996, sections 7, 9 and 48 – Companies Act 2006, section 1028.; [2021] 1 Lloyd's Rep. 225

: PAO TATNEFT v UKRAINE; Arbitration – Enforcement of New York Convention award – Defence based on illegality of submission to arbitration – Whether respondent was estopped from relying upon the defence – Whether the respondent had waived the defence – Arbitration Act 1996, sections 73 and 103(2).; [2021] 1 Lloyd's Rep. 240

: SEPTO TRADING INC v TINTRADE LTD (THE “NOUNOU”); Sale of goods (fob) – Cargo of fuel oil – Whether Certificate of Quality binding – Whether cargo complied with contractual specification – Measure of damages.; [2021] 1 Lloyd's Rep. 258

: TURKS SHIPYARD LTD v THE OWNERS OF THE VESSEL “NOVEMBER”; Admiralty jurisdiction – Shipyard concluding contract with company for work on vessel – Shipyard bringing proceedings in rem for cost of work – Whether company acted as agent for owners of vessel as undisclosed principals – Whether shipyard had valid in rem claim against vessel.; [2021] 1 Lloyd's Rep. 274

: A v B; Arbitration – Enforcement of Consent Award – Settlement Agreement providing for Consent Award – Whether Acceleration Event had occurred requiring payment of full sum due under Consent Award – Arbitration Act 1996, section 66.; [2021] 1 Lloyd's Rep. 281

: NAUTICAL CHALLENGE LTD v EVERGREEN MARINE (UK) LTD (THE “ALEXANDRA 1” AND “EVER SMART”); Collision – Crossing vessels – Liability – Collision between inbound and outbound vessels in pilot boarding area just outside narrow channel to Port of Jebel Ali – Whether crossing rules applied – Whether give-way vessel had to be on steady course for crossing rules to apply – International Regulations for Preventing Collisions at Sea 1972, rules 15, 16 and 17.; [2021] 1 Lloyd's Rep. 299

: OCBC WING HANG BANK LTD v KAI SEN SHIPPING CO LTD (THE “YUE YOU 903”); Practice – Stay of proceedings in favour of arbitration – Whether bills of lading incorporated charterparty arbitration agreement – Whether court should grant stay – Arbitration Ordinance (Cap 609).; [2021] 1 Lloyd's Rep. 329

: NEPTUNE HOSPITALITY PTY LTD v OZMEN ENTERTAINMENT PTY LTD (THE “SEADECK”); Joint venture – Fiduciary duty – Joint venture agreement to operate business offering luxury cruises on Sydney Harbour – Demise charter of vessel for purpose of joint venture – Whether appellant in breach of joint venture agreement – Whether joint venture agreement validly terminated.; [2021] 1 Lloyd's Rep. 337

: SRS MIDDLE EAST FZE v CHEMIE TECH DMCC; Arbitration – Anti-suit injunction – Proceedings brought in Sharjah for interim measures – Substantive proceedings brought to preserve interim measures – Whether interim measures available independently of substantive proceedings – International Chamber of Commerce Rules, articles 28 and 29.; [2021] 1 Lloyd's Rep. 371

: WOLLONGONG COAL LTD v PCL (SHIPPING) PTE LTD (THE “ILLAWARRA FORTUNE”); Carriage of goods by sea – Bills of lading issued to shipper of coal cargoes – Bills subsequently switched to new shipper and original bills cancelled – Assignee of carrier claiming to recover charterparty freight and other sums from original shipper – Whether original shipper liable – Whether assignee entitled to recover claimed sums.; [2021] 1 Lloyd's Rep. 385

: HELICE LEASING SAS v PT GARUDA INDONESIA (PERSERO) TBK; Arbitration – Stay of judicial proceedings – Service of proceedings – Relationship between jurisdiction and arbitration clause – Existence of dispute – Forum non conveniens – Arbitration Act 1996, section 9 – CPR Parts 6 and 7.; [2021] 1 Lloyd's Rep. 395

: JIANGSU GUOXIN CORPORATION LTD v PRECIOUS SHIPPING PUBLIC CO LTD; Contract – Shipbuilding contract – Buyer cancelling contracts on ground of excessive delay by shipbuilder in delivering two of a series of 14 vessels – Seller not operating any contractual machinery for extending delivery dates – Seller contending that delay was caused by buyer's wrongful rejection of earlier vessels – Whether seller entitled to extend delivery dates – Whether “prevention principle” applied.; [2021] 1 Lloyd's Rep. 413

: MVV ENVIRONMENT DEVONPORT LTD v NTO SHIPPING GMBH & CO KG (THE “NORTRADER”); Arbitration – Jurisdiction – Carrier bringing arbitration proceedings against shipper named in bill of lading on basis of incorporated arbitration clause – Whether named shipper was party to contract of carriage – Whether arbitration tribunal had jurisdiction.; [2021] 1 Lloyd's Rep. 429

: P&O PRINCESS CRUISES INTERNATIONAL LTD v THE DEMISE CHARTERERS OF THE VESSEL “COLUMBUS”; Admiralty – Port dues – Cruise vessels laid up at Port of Tilbury following suspension of cruise operations caused by Covid-19 pandemic – Port agreeing preferential lay-up rate – Port subsequently stating that rates were to be as per Port's published tariff – Whether Port entitled to increase rate to tariff rate – Harbours Act 1964 – Port of London Act 1968 – Port of Tilbury General Trading Regulations 2005.; [2021] 1 Lloyd's Rep. 440

: ALTERA VOYAGEUR PRODUCTION LTD v PREMIER OIL E&P UK LTD (THE “VOYAGEUR SPIRIT”); Charterparty (Bareboat) – Hire adjustment formula set out in separate “Over-Arching Agreement” – Formula consisting of narrative and two worked examples – Worked examples containing steps not set out in preceding narrative – Whether narrative should be preferred to worked examples – Whether clear mistake in drafting.; [2021] 1 Lloyd's Rep. 451

: CH OFFSHORE LTD v INTERNAVES CONSORCIO NAVIERO SA AND OTHERS; Agency – Intermediate brokers negotiating charterparty terms – Claim for unpaid commission – Scope of duty owed by intermediate brokers – Whether hire inflated by secret commissions – Whether brokers in breach of duty – Whether commission and consultancy agreements enforceable – Whether settlement agreement concluded between shipowners and charterers precluded brokers’ claim.; [2021] 1 Lloyd's Rep. 465

: LIPTON AND ANOTHER v BA CITY FLYER LTD; Aviation – Compensation for delay – Whether illness of captain constituted “exceptional circumstances” – Regulation 261/2004/EC – Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 (SI 2019 No 278) – European Union (Withdrawal) Act 2018.; [2021] 1 Lloyd's Rep. 484

: SEA MASTER SHIPPING INC v ARAB BANK (SWITZERLAND) LTD AND ANOTHER (THE “SEA MASTER”); Carriage of goods by sea – Bill of lading incorporating terms of voyage charterparty – Carrier claiming demurrage following delays at discharge port – Charterer in insolvent liquidation – Carrier bringing demurrage claim against defendant bank and cargo receivers on basis that they became subject to liabilities under contract of carriage – Whether implied term of contract of carriage that defendants would discharge and deliver cargo with reasonable time.; [2021] 1 Lloyd's Rep. 500

: PREMIER CRUISES LTD v DLA PIPER RUS LTD AND ANOTHER; Arbitration – Stay of proceedings – Retroactive effect of arbitration clause – Inherent jurisdiction of court to stay proceedings – Case management stay – Arbitration Act 1996, section 9.; [2021] 1 Lloyd's Rep. 511

: TRAFIGURA MARITIME LOGISTICS PTE LTD v CLEARLAKE SHIPPING PTE LTD (THE “MIRACLE HOPE”); Practice – Mandatory injunction – Cargo discharged without production of bills of lading – Bank arresting vessel – Disponent owners applying for mandatory injunction compelling defendant to provide security – Whether indemnity applied in circumstances of case – Whether sufficient urgency – Whether mandatory injunction should be granted.; [2021] 1 Lloyd's Rep. 533

: CLEARLAKE CHARTERING USA INC AND ANOTHER v PETROLEO BRASILEIRO SA (THE “MIRACLE HOPE”) (NO 2); Practice – Mandatory injunction – Cargo discharged without production of bills of lading – Bank arresting vessel – Disponent owners obtaining mandatory injunction compelling voyage charterers to provide security – Voyage charterers applying for equivalent injunction against sub-voyage charterers – Whether indemnity applied to sub-voyage charterers – Whether mandatory injunction should be granted.; [2021] 1 Lloyd's Rep. 543

: TRAFIGURA MARITIME LOGISTICS PTE LTD v CLEARLAKE SHIPPING PTE LTD (THE “MIRACLE HOPE”) (NO 3); Practice – Mandatory injunction – Voyage charterers and sub-voyage charterers ordered to provide security to release vessel from arrest by bank – Failure to reach agreement with bank on terms of guarantee – Time charterers seeking variation of injunction orders – Whether orders should be varied – Whether payment into court should be ordered.; [2021] 1 Lloyd's Rep. 552

: ALEGROW SA v YAYLA AGRO GIDA SAN VE NAK AS; Sale of goods (cif) – Sale of rice cif Turkey – Seller not complying with shipment schedule – Buyer requesting revised schedule and purporting to make time of the essence – Buyer subsequently serving notice of arbitration – Whether seller in repudiatory breach of contract – Whether GAFTA Appeal Board erred in law.; [2021] 1 Lloyd's Rep. 565

: DOGLEMOR TRADE LTD AND OTHERS v CALEDOR CONSULTING LTD AND ANOTHER; Arbitration – Appeal against award – Serious irregularity – Admitted error in calculation of damages – Substantial injustice – Remission – Arbitration Act 1996, section 68.; [2021] 1 Lloyd's Rep. 581

: REPUBLIC OF KAZAKHSTAN v WORLD WIDE MINERALS LTD AND ANOTHER; Arbitration – Serious irregularity – Tribunal assessing damages on a basis not argued by the parties – Remission of award – Arbitration Act 1996, sections 33 and 68.; [2021] 1 Lloyd's Rep. 593

: SILVERLINK RESORTS LTD v MS FIRST CAPITAL INSURANCE LTD; Arbitration – Stay of proceedings – Arbitration clause applying to all disputes – Jurisdiction clause applying to interpretation disputes – Whether judicial proceedings on interpretation should be stayed.; [2021] 1 Lloyd's Rep. 607

: HULLEY ENTERPRISES LTD AND OTHERS v THE RUSSIAN FEDERATION; Arbitration – Enforcement – State immunity – Stay of proceedings – Grant of security – Case management – Arbitration Act 1996, section 103(5) – State Immunity Act 1978.; [2021] 1 Lloyd's Rep. 617