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A v B

Arbitration – Serious irregularity – Partial award dealing with dispute under contract for sale of goods – Buyers challenging award – Whether serious irregularities affecting tribunal – Arbitration Act 1996, section 68.

[2017] 2 Lloyd's Rep. 1

ASSOCIATED BRITISH PORTS v TATA STEEL UK LTD

Arbitration – Validity of arbitration clause – Whether clause void for uncertainty – Stay of judicial proceedings – Arbitration Act 1996, section 9.

[2017] 2 Lloyd's Rep. 11

GARD SHIPPING AS v CLEARLAKE SHIPPING PTE LTD (THE "ZALIV BAIKAL")

Charterparty (Voyage) - Demurrage - Bunkers consumed - Charterparty clause giving liberty to charterers to instruct vessel "to stop and wait for orders" in which event charterer to pay demurrage at escalated rate and value of bunkers consumed - Whether clause applied where vessel waited over 64 days at discharge port after giving notice of readiness.

[2017] 2 Lloyd's Rep. 38

SAM PURPOSE AS v TRANSNAV PURPOSE NAVIGATION LTD (THE “SAM PURPOSE”)

Practice – Anti-suit injunction – Defendant arresting vessel and commencing substantive proceedings in foreign court in breach of London arbitration clause – Claimant obtaining ex parte anti-suit injunction against defendant – Defendant applying for judgment in default on substantive claim in foreign court – Defendant subsequently applying to stay its substantive proceedings – Whether defendant should be ordered to discontinue foreign proceedings entirely – Whether injunction should be discharged for material non-disclosure.

[2017] 2 Lloyd's Rep. 50

BMO v BMP

Arbitration – Law applicable to arbitration clause – Separability – Scope of arbitration clause – Loss of right to arbitrate by waiver, repudiation and estoppel.

[2017] 2 Lloyd's Rep. 57

OMV PETROM SA v GLENCORE INTERNATIONAL AG (NO 2)

Practice - Costs - Defendant rejecting claimant's Part 36 offer - Claimant beating offer at trial - Part 36 providing for award of enhanced interest on judgment sum and on costs - Whether provisions for enhanced interest entirely compensatory - CPR 36.14(3)(a) and (c).

[2017] 2 Lloyd's Rep. 93

WILSON TAYLOR ASIA PACIFIC PTE LTD v DYNA-JET PTE LTD

Arbitration - "Stay of proceedings" - Arbitration clause conferring on the respondent the exclusive right to refer disputes to arbitration - Respondent commenced judicial proceedings - Whether appellant entitled to a stay - International Arbitration Act (Singapore), section 6.

[2017] 2 Lloyd's Rep. 104

MICROSOFT MOBILE OY (LTD) v SONY EUROPE LTD AND OTHERS

Practice – Arbitration clause – Service out of jurisdiction – Claimant bringing proceedings claiming damages in tort based on alleged cartel – Whether arbitration clause covered dispute – Whether arbitration clause ineffective under EU law – Whether foreign defendants necessary or proper parties – Whether damage sustained within jurisdiction – Arbitration Act 1996, section 9 – Civil Procedure Rules, Part 6, Practice Direction 6B, paras 3.1(3) and 3.1(9)(a).

[2017] 2 Lloyd's Rep. 119

GLENCORE INTERNATIONAL AG v MSC MEDITERRANEAN SHIPPING CO SA

Carriage of goods by sea – Bill of lading providing for bill to be surrendered in exchange for the goods or a “Delivery Order” – Carrier providing shipper's agents with “Release Note” containing PIN code – Whether “Release Note” was a “Delivery Order” – Goods misappropriated – Whether carrier in breach of contract.

[2017] 2 Lloyd's Rep. 186

STATI AND OTHERS v THE REPUBLIC OF KAZAKHSTAN

Arbitration – Enforcement of awards – Public policy – Allegation of fraud in the arbitration – Effect of ruling of curial court upholding award – Effect of dismissal of defence by another enforcing court – Issue estoppel – Arbitration Act 1996, section 103(3).

[2017] 2 Lloyd's Rep. 201

W NAGEL (A FIRM) v PLUCZENIK DIAMOND CO NV

Agency – Termination by principal – Whether principal entitled to terminate agency agreement – Measure of damages for breach of agency agreement – Commercial Agents (Council Directive) Regulations 1993 (SI 1993 No 3053), Regulation 2 – Whether agent had continuing authority to negotiate – Meaning of commodity market and commodity exchange

[2017] 2 Lloyd's Rep. 215

BHL v LEUMI ABL LTD

Banking – Receivables Finance Agreement – Bank's discretion to charge collection fee for receivables collected by it – Exercise of discretion – Payment under mistake.

[2017] 2 Lloyd's Rep. 237

ELENI MARITIME LTD v HEUNG-A SHIPPING CO LTD AND OTHERS

Limitation of liability – Court granting limitation decree and specifying time limit for filing of claims – Plaintiff constituting limitation fund – Claimants seeking to make claims after expiry of court-imposed time limit but within statutory two-year time limit for enforcing claim or lien against vessel – Whether claims time-barred – Whether claimants entitled to extension of time – Merchant Shipping (Collision Damage Liability and Salvage) Ordinance, Cap 508 – Rules of High Court, Order 75.

[2017] 2 Lloyd's Rep. 263

ASPEN UNDERWRITING LTD v KAIROS SHIPPING LTD AND OTHERS (THE “ATLANTIK CONFIDENCE”)

Insurance (marine) – Vessel lost at sea – Settlement Agreement between owners and underwriters – Subsequent discovery that vessel was deliberately sunk – Claim by underwriters to recover settlement sum from mortgagee bank – Whether bank bound by exclusive jurisdiction clause in agreement – Agency – Jurisdiction over claims in tort and restitution – Whether special jurisdiction rules for insurance applied – Brussels Regulation Recast, Council Regulation 1215/2012/EU, articles 7 and 14.

[2017] 2 Lloyd's Rep. 295

GARCIA v BIH (UK) LTD AND OTHERS

Practice – Service of proceedings out of jurisdiction – Claimant diver suffering personal injuries working off Gabon – Claimant bringing proceedings in contract and in tort against English employer and also against Gabon company – Whether Gabon company was a “necessary or proper party” – Whether permission to serve out should be set aside – Whether claim against Gabon company should be stayed on forum non conveniens grounds – Civil Procedure Rules, Practice Direction 6B para 3.1(3).

[2017] 2 Lloyd's Rep. 310

HOWELLS v BRITISH AIRWAYS PLC

Carriage by air – Claimant sustaining personal injury when tripping over baggage scales at airport – Whether injury caused by "accident" – Whether incident occurred during course of embarking – Whether claimant contributorily negligent – Montreal Convention 1999, article 17.

[2017] 2 Lloyd's Rep. 322

PEIRES v BICKERTON'S AERODROMES LTD

Nuisance – Immunity from action – Claimant complaining of noise from helicopter training exercises at aerodrome – Whether vertical operations of helicopters constituted “flight” – Whether claim barred by Civil Aviation Act 1982, section 76.

[2017] 2 Lloyd's Rep. 330

VITOL SA v BETA RENOWABLE GROUP SA

Sale of goods (fob) – Renunciatory breach by seller – Whether buyer accepted breach as terminating contract – Whether buyer's failure to nominate vessel sufficiently unequivocal act – Whether buyer's failure to nominate relieved seller of obligation to deliver – Measure of damages.

[2017] 2 Lloyd's Rep. 338

AUTORIDAD DEL CANAL DE PANAMÁ v SACYR SA AND OTHERS

Arbitration – Stay of judicial proceedings – Claims under guarantees governed by English law and English exclusive jurisdiction – Main agreement governed by Panamanian law and subject to arbitration – Whether guarantees were “on demand” – Whether claim in judicial proceedings was “in relation to a matter” subject to arbitration – Arbitration Act 1996, section 9 – Stay on case management grounds.

[2017] 2 Lloyd's Rep. 351

THE “POSIDON” AND ANOTHER MATTER

Admiralty practice – Priorities – Whether mortgagee or necessaries supplier should have priority on proceeds of sale of vessel – Whether special circumstances existed to disturb established order of priorities.

[2017] 2 Lloyd's Rep. 390

DAINFORD NAVIGATION INC v PDVSA PETROLEO SA (THE “MOSCOW STARS”)

Arbitration – Interim relief – Owners bringing arbitration proceedings against time charterers – Owners applying to High Court for order of sale of cargo – Whether cargo was “the subject of” the arbitration proceedings – Whether sale should be ordered – Arbitration Act 1996, section 44(2)(d).

[2017] 2 Lloyd's Rep. 409

R (ON THE APPLICATION OF KNIGHT) v SECRETARY OF STATE FOR TRANSPORT

Judicial review – Claim for salvage in respect of wreckage – Receiver of Wreck refusing to make salvage award – Whether “salvage operations” could not be considered as completed until everything raised from sea bed – Whether salvage claim time-barred – Salvage Convention 1989, article 23(1).

[2017] 2 Lloyd's Rep. 453

DELAWARE NORTH MARINE EXPERIENCE PTY LTD v THE SHIP “EYE-SPY”

Charterparty (bareboat) – Due diligence – Latent defect – Bareboat charterers bringing proceedings in rem for breach of charterparty following failure of stern tube assembly – Whether shipowners in breach of due diligence obligation – Whether defect was latent – Effect of delivery “as is – where is” – Whether defect caused by negligence of charterers – Whether charterers in breach of obligations relating to redelivery – Whether daily rate for delay in redelivery was a penalty – Whether security for arrest excessive.

[2017] 2 Lloyd's Rep. 463

THE “DREAM STAR”

Admiralty – Collision action – Vessels colliding off Singapore – Whether crossing rule or overtaking rule applied – Apportionment of liability – Collision Regulations 1972, rules 13 and 15.

[2017] 2 Lloyd's Rep. 538

ZAVOD EKRAN OAO v MAGNECO METREL UK LTD

Arbitration – Enforcement of award – Notice of arbitration given to English defendant in Russian – Whether defendant had received “proper notice” of the commencement of arbitration – Arbitration Act 1996, section 103(2)(c).

[2017] 2 Lloyd's Rep. 566

BOSSEN AND OTHERS v BRUSSELS AIRLINES SA/NV

Carriage by air (passengers) – Delay – Regulation (EC) No 261/2004 conferring rights of compensation to passengers in the event of cancellation or long delay of flights – Amount of compensation for delay depending on distance of flight measured by “great circle” method – Whether “distance” in context of connecting flights meant direct distance between first point of departure and last destination or distance actually flown.

[2017] 2 Lloyd's Rep. 571

KAEFER AISLAMIENTOS SA DE CV v AMS DRILLING MEXICO SA DE CV AND OTHERS

Jurisdiction – Exclusive jurisdiction agreement – Whether third and fourth defendants were undisclosed principals – Test to be applied for determination of jurisdictional question – Brussels Regulation (Recast), Council Regulation 1215/2012/EU, article 25.

[2017] 2 Lloyd's Rep. 575

MORPOL SA AND OTHERS v BLUE ANCHOR LINE AND ANOTHER

Practice – Transfer of cargo claim from Court of First Instance to District Court – Whether case fell within jurisdiction of District Court – Whether plaintiffs had absolute right to bring case in Court of First Instance – Whether case ought to remain in Court of First Instance in any event – High Court Ordinance, section 12 – District Court Ordinance, sections 32 and 43.

[2017] 2 Lloyd's Rep. 593

SECURE CAPITAL SA v CREDIT SUISSE AG

Conflict of laws – Choice of law – Contract – Right to action under bearer notes held under Clearstream system – Party entitled to action under Luxembourg law – Notes governed by English law – Characterisation.

[2017] 2 Lloyd's Rep. 599

UNION MARINE CLASSIFICATION SERVICES LLC v GOVERNMENT OF THE UNION OF COMOROS AND ANOTHER (NO 2)

Arbitration – Serious irregularity – Whether arbitrator had power to make further award – Whether evidential basis for arbitrator's finding of fact – Whether claimant's claim for loss of bargain damages constituted acceptance of respondent's repudiatory breach – Whether claimant suffering substantial injustice – Arbitration Act 1996, section 68.

[2017] 2 Lloyd's Rep. 608