Lloyd's Law Reports

: ATLASNAVIOS-NAVEGAÇÃO LDA v NAVIGATORS INSURANCE CO LTD AND OTHERS (THE “B ATLANTIC”); Insurance (marine) – War risks clauses – Smuggling by crew members – Causation – Coverage for acts by persons acting maliciously – Exclusion for detainment for infringement of customs regulations.; [2018] 2 Lloyd's Rep. 1

: DANA GAS PJSC v DANA GAS SUKUK LTD AND OTHERS(NO 2); Contract – Illegality – Public policy.; [2018] 2 Lloyd's Rep. 16

: ENGELHART CTP (US) LLC v LLOYD'S SYNDICATE 1221 FOR THE 2014 YEAR OF ACCOUNT AND OTHERS; Insurance (marine) – Cargo all risks policy – Goods never shipped to assured – Whether policy covered paper as well as physical losses.; [2018] 2 Lloyd's Rep. 24

: SEVYLOR SHIPPING AND TRADING CORPORATION v ALTFADUL COMPANY FOR FOODS, FRUITS & LIVESTOCK AND ANOTHER (THE "BALTIC STRAIT"); Carriage of goods by sea – Damage to cargo – Bill of lading holder claiming full damages from carrier for breach of contract of carriage – Whether bill of lading holder required to give credit for monies received by way of settlement from intermediate seller of cargo – Carriage of Goods by Sea Act 1992, sections 2(1) and 2(4).; [2018] 2 Lloyd's Rep. 33

: NAVIG8 CHEMICALS POOL INC v GLENCORE AGRICULTURE BV (THE "SONGA WINDS"); Agency – Letter of indemnity – LOI providing for cargo to be delivered to named receiver without production of bills of lading – Cargo delivered to different person – Whether person taking delivery represented or acted on behalf of receiver named in LOI – Whether beneficiary of LOI entitled to summary judgment.; [2018] 2 Lloyd's Rep. 47

: KYOKUYO CO LTD v AP MØLLER-MAERSK A/S, TRADING AS “MAERSK LINE”; Carriage of goods by sea – Package limitation – Containers containing individual frozen tuna loins and bags of frozen tuna parts – Cargo found damaged on receipt – Limitation of liability – Whether Hague or Hague-Visby Rules applied – Whether relevant package or unit was the container or the individual tuna loins or bags – Whether sufficient enumeration of units for limitation purposes – Hague and Hague-Visby Rules, article IV, rule 5.; [2018] 2 Lloyd's Rep. 59

: NORI HOLDINGS LTD AND OTHERS v PUBLIC JOINT-STOCK COMPANY BANK OTKRITIE FINANCIAL CORPORATION; Arbitration – Anti-suit injunction – Arbitrability where company in administration – Exercise of discretion – Delay – Availability of anti-suit injunction in respect of judicial proceedings elsewhere in EU – Senior Courts Act 1981, section 37 – Brussels Regulation Recast, Regulation (EU) No 1215/2012.; [2018] 2 Lloyd's Rep. 80

: SCM FINANCIAL OVERSEAS LTD v RAGA ESTABLISHMENT LTD; Arbitration – Refusal to defer award pending the outcome of legal proceedings in Ukraine – Whether failure to defer constituted serious irregularity – Substantial injustice – Arbitration Act 1996, sections 1, 33 and 68(2)(a).; [2018] 2 Lloyd's Rep. 99

: ATLAS POWER LTD AND OTHERS v NATIONAL TRANSMISSION AND DESPATCH CO LTD; Arbitration – Determination of seat – Effect of choice of seat on supervisory jurisdiction – Whether supervisory jurisdiction could be concurrent – Arbitration Act 1996, sections 2, 3 and 4.; [2018] 2 Lloyd's Rep. 113

: GRINDROD SHIPPING PTE LTD v HYUNDAI MERCHANT MARINE CO LTD; Arbitration – Claim dismissed by tribunal for inordinate and inexcusable delay – Arbitration Act 1996, sections 33, 41(3) and 68(2)(a).; [2018] 2 Lloyd's Rep. 121

: RBRG TRADING (UK) LTD v SINOCORE INTERNATIONAL CO LTD; Arbitration – Enforcement of award – Illegality and public policy – Arbitration Act 1996, section 103(3).; [2018] 2 Lloyd's Rep. 133

: STATI AND OTHERS v THE REPUBLIC OF KAZAKHSTAN; Arbitration – Enforcement of arbitration award – Application for enforcement of award contested by allegation of fraud – Trial ordered – Application by claimant for notice of discontinuance – Whether fraud trial should proceed – New York Convention – Arbitration Act 1996, sections 101 and 103 – CPR 38.; [2018] 2 Lloyd's Rep. 144

: UTTAM GALVA STEELS LTD v GUNVOR SINGAPORE PTE LTD; Arbitration – Jurisdiction – Whether ruling on jurisdiction was an award – Whether arbitration clause in sale contract extended to disputes under bills of exchange – Delay – Arbitration Act 1996, sections 67 and 73.; [2018] 2 Lloyd's Rep. 152

: BNP PARIBAS SA v TRATTAMENTO RIFIUTI METROPOLITANI SPA; Conflict of laws – Jurisdiction – Parties entering into two contracts with different jurisdiction clauses – Exclusive jurisdiction – ISDA Master Agreement – Whether dispute at hand – Brussels Regulation (Recast), (EU) No 1215/2012, article 25.; [2018] 2 Lloyd's Rep. 171

: CHINA EXPORT & CREDIT INSURANCE CORPORATION v EMERALD ENERGY RESOURCES LTD; Arbitration – Stay of judicial proceedings – Non-exclusive jurisdiction clause – Arbitration clause – Arbitration Act 1996, section 9 – Inherent power of court to stay its proceedings – Whether parties had settled dispute by agreement.; [2018] 2 Lloyd's Rep. 179

: MOBILE TELECOMMUNICATIONS CO LTD v HRH AL SAUD (T/A SAUDI PLASTIC FACTORY); Arbitration – Anti-suit injunction – Jurisdiction – Issue estoppel – Duty to honour award – Senior Courts Act 1981, section 37.; [2018] 2 Lloyd's Rep. 192

: PERKINS ENGINES CO LTD v GHADDAR AND ANOTHER; Arbitration – Anti-suit injunction – Parties to go to arbitration in the absence of “reciprocal enforcement procedures” – Construction of arbitration clause – Senior Courts Act 1981, section 37.; [2018] 2 Lloyd's Rep. 197

: T v V AND ANOTHER; Arbitration – Serious irregularity – Peremptory order – Failure by appellant to adhere to peremptory order – Oral hearing only – Correct form of application – Effect of application by arbitrator – Arbitration Act 1996, sections 41(7) and 68.; [2018] 2 Lloyd's Rep. 215

: GLENCORE ENERGY UK LTD v OMV SUPPLY & TRADING LTD; Sale of goods (CFR) - Delay - Congestion at discharge port - Parties agreeing that vessel should wait outside port - Seller bringing 'detention' claim - Whether claim in fact for demurrage - Whether claim time-barred.; [2018] 2 Lloyd's Rep. 223

: HARTONO AND OTHERS v MINISTRY FOR PRIMARY INDUSTRIES AND ANOTHER; Fisheries legislation - Interpretation - Fishing vessel forfeited to Crown as property used in commission of offence - Whether foreign owner had an "interest" in forfeited vessel for purpose of applying for relief from forfeiture - Fisheries Act 1996, section 256.; [2018] 2 Lloyd's Rep. 233

: OWNERS OF THE SHIP "AL KHATTIYA" v OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP "JAG LAADKI"; Practice - Application to set aside - Forum non conveniens - Claimant shipowners bringing in rem proceedings in England claiming damages resulting from collision with defendants' vessel off Fujairah - Defendants bringing proceedings in Fujairah for declaration of non-liability - English court granting anti-suit injunction - Whether Fujairah more appropriate forum - Whether court should stay proceedings in favour of Fujairah - Whether anti-suit injunction should be set aside.; [2018] 2 Lloyd's Rep. 243

: STATI AND OTHERS v THE REPUBLIC OF KAZAKHSTAN; Arbitration - Enforcement of arbitration award - Application for enforcement of award contested by allegation of fraud - Trial ordered - Notice of discontinuance by claimants - Application by defendant to set aside notice of discontinuance - New York Convention 1958 â Arbitration Act 1996, sections 101 and 103.; [2018] 2 Lloyd's Rep. 263

: DEUTSCHE BANK TRUST COMPANY AMERICAS v THE OWNERS OF THE MOTOR VESSEL "SERTAO"; Admiralty practice - Sale pendente lite - Mortgagee applying for order of sale of drillship pendente lite with proviso that vessel should not be sold at less than appraised value - Whether mortgagee's specialist broker should be appointed jointly with Admiralty Marshal's broker - Apportionment of brokers' commission.; [2018] 2 Lloyd's Rep. 275

: SODZAWICZNY v RUHAN AND OTHERS; Arbitration - Claims following settlement agreements - Stay of proceedings - Meaning of matter . . . to be referred to arbitration - Binding effect of arbitration clause on third party - Contracts (Rights of Third Parties) Act 1999, section 8 - Arbitration Act 1996, sections 9 and 44.; [2018] 2 Lloyd's Rep. 280

: The "TIAN E ZUO"; Admiralty – Collision action – Plaintiffs' and defendant's vessels involved in related collisions with anchored vessel off Singapore – Collisions would not have occurred but for prior negligence of defendant's vessel in dragging anchor – Whether "but for" test appropriate – Whether "agony of the moment" defence available to plaintiffs' vessel – Whether defendant's vessel "at anchor" notwithstanding that she was being involuntary towed – Apportionment of liability.; [2018] 2 Lloyd's Rep. 297

: HARDY EXPLORATION & PRODUCTION (INDIA) INC v GOVERNMENT OF INDIA INDIA INFRASTRUCTURE FINANCE CO (UK) LTD (THIRD PARTY); Arbitration – Enforcement of award – Third Party Debt Order – Whether debt situated in England – Whether debt due or accruing due – Discretion of court – CPR Part 72.; [2018] 2 Lloyd's Rep. 331

: JIANGSU SHAGANG GROUP CO LTD v LOKI OWNING CO LTD (THE “POUNDA”); Arbitration – Jurisdiction – Guarantee – Agency – Charterparty containing guarantee by charterers’ parent company but not signed by guarantor – Owners bringing arbitration proceedings against guarantor – Guarantor challenging jurisdiction on basis that it had not authorised charterers to give guarantee – Whether charterers had express authority to give guarantee – Whether tribunal had substantive jurisdiction over guarantor.; [2018] 2 Lloyd's Rep. 359

: NAVIG8 CHEMICALS POOL INC v GLENCORE AGRICULTURE BV (THE “SONGA WINDS”); Carriage of goods by sea – Letter of indemnity – Cargo delivered without production of bill of lading against LOI – Disponent owners bringing claim against sub-charterers under LOI – Clause 38 of voyage charter providing that period of validity of any letter of indemnity to be three months from date of issue – Whether clause 38 incorporated into LOI – Whether claim time-barred.; [2018] 2 Lloyd's Rep. 374

: SEATRADE GROUP NV v HAKAN AGRO DMCC (THE “ACONCAGUA BAY”); Charterparty (Voyage) – “Always accessible” warranty – Whether included departure as well as arrival – Whether owners entitled to damages for detention following delayed departure of vessel.; [2018] 2 Lloyd's Rep. 381

: FEHN SCHIFFAHRTS GMBH & CO KG v ROMANI SPA (THE “FEHN HEAVEN”); Carriage of goods by sea – Charterers compelled to accept discounts in price from buyers following unauthorised fumigation of cargo – Consignee under straight bill of lading assigning interest in cargo to charterers – Charterers bringing arbitration proceedings against carrier for loss represented by negotiated discounts – Arbitrators holding charterers had title to sue and awarding substantial damages – Whether loss suffered by consignee or by charterers – Whether arbitrators erred in law in awarding charterers damages.; [2018] 2 Lloyd's Rep. 385

: NAVIGATOR SPIRIT SA v FIVE OCEANS SALVAGE SA (THE “FLAG METTE”); Arbitration – Serious irregularity – Salvage arbitration – Salvors appealing award – Appeal arbitrator increasing award in reliance on hypothetical scenario not featuring in grounds of appeal nor in appeal hearing – Whether appeal arbitrator's award should be set aside for serious irregularity – Arbitration Act 1996, section 68.; [2018] 2 Lloyd's Rep. 391

: PAO TATNEFT v UKRAINE; Arbitration – Enforcement of award – Bilateral Investment Treaty – Whether state immunity defence available – Effect of failing to plead jurisdictional issues in arbitration – Interpretation of BIT – Arbitration Act 1996, section 101 – State Immunity Act 1978, sections 1 and 9 – Vienna Convention 1969, articles 31 and 32.; [2018] 2 Lloyd's Rep. 403

: TRIPLE SEVEN MSN 27251 LTD AND ANOTHER v AZMAN AIR SERVICES LTD; Contract – Mistake – Claimant and defendant concluding lease agreements whereby defendant leased two Boeing 777 aircraft from claimants for five-year period – Aircraft to be used for transporting passengers from West Africa to Saudi Arabia for Hajj and Umrah pilgrimages – Saudi authorities excluding defendant from participation in 2016 Hajj airlift – Defendant refusing to accept delivery of aircraft – Claimants terminating lease agreements and claiming damages – Whether lease agreements void for common mistake.; [2018] 2 Lloyd's Rep. 424

: MAMANCOCHET MINING LTD v AEGIS MANAGING AGENCY LTD AND OTHERS; Insurance (marine) – Effect of US and EU sanctions on dealings with Iran – Whether payment under a lawful policy exposed insurers to sanctions under US or EU law.; [2018] 2 Lloyd's Rep. 441

: P v Q; Q v R; R v S; Arbitration – Time-bar – Disponent owners in chain of voyage charters making claims against respective charterers – Whether claims brought in time – Whether claimants entitled to extension of time – Arbitration Act 1996, section 12.; [2018] 2 Lloyd's Rep. 452

: SIXTEENTH OCEAN GMBH & CO KG v SOCIÉTÉ GÉNÉRALE; Practice – Limitation of time – Bank lending funds to enable construction and purchase of vessel by Iranian company – Bank concluding interest rate swap agreement with purchaser – Sanctions imposed preventing purchaser accessing loan funds – Shipbuilder terminating construction contract – Bank calling in sums due from purchaser – Purchaser paying sum under alleged economic duress – Purchaser bringing claim against bank claiming restitution of sum paid on the grounds of unjust enrichment and/or as damages for breach of swap agreement – Whether claims time-barred – Limitation Act 1980, sections 32(1)(a) and 32(1)(b).; [2018] 2 Lloyd's Rep. 465

: BOSPHORUS QUEEN SHIPPING LTD CORPORATION v RAJAVARTIOLAITOS (THE “BOSPHORUS QUEEN”); International Law of the Sea – European Union law – Ship source oil pollution – Foreign vessel discharging oil in coastal state's exclusive economic zone – Entitlement of coastal state to detain and fine foreign vessel – United Nations Convention on the Law of the Sea 1982, article 220(6) and EU Directive 2005/35/EC, article 7(2).; [2018] 2 Lloyd's Rep. 493

: DEUTSCHE BANK AG, LONDON BRANCH v CIMB BANK BERHAD; Banking – Letters of credit – Whether discrepancy in tendered documents – Whether company stamp must also contain signature or initials – Whether documentation presented timeously – Whether presentation term of letters of credit provided for different effect from 21-day period under UCP 600 – UCP 600, articles 3 and 14(c).; [2018] 2 Lloyd's Rep. 510

: DREYMOOR FERTILISERS OVERSEAS PTE LTD v EUROCHEM TRADING GMBH; Arbitration – Jurisdiction – Claimant appointing defendant as agent for sales of fertiliser products in India – Agency governed by umbrella agreements – Individual product sales made under separate contracts involving defendant and containing arbitration clauses – Claimant alleging that defendant bribed former employees – Whether arbitration clauses applicable to dispute – Whether arbitration tribunals had jurisdiction – Arbitration Act 1996, sections 67 and 32.; [2018] 2 Lloyd's Rep. 523

: DREYMOOR FERTILISERS OVERSEAS PTE LTD v EUROCHEM TRADING GMBH AND ANOTHER; Arbitration – Evidence – US court making disclosure order against witness in BVI proceedings – Parallel arbitration proceedings in England – Whether injunction should be granted to prevent enforcement of US order in England – Senior Courts Act 1981, section 51 – Arbitration Act 1996, section 44.; [2018] 2 Lloyd's Rep. 536

: CLEARLAKE SHIPPING PTE LTD v PRIVOCEAN SHIPPING LTD (THE “PRIVOCEAN”); Charterparty (Time) – Negligent stowage plan involving unnecessary strapping in cargo hold – Whether costs of strapping for owners’ or charterers’ account – Whether negligence in relation to stowage plan was negligence in management of ship or in management of cargo – NYPE form, clause 2 – US COGSA, section 4(2).; [2018] 2 Lloyd's Rep. 551

: DEEP SEA MARITIME LTD v MONJASA A/S (THE “ALHANI”); Carriage of goods by sea – Limitation of action – Cargo delivered without production of bills of lading – Cargo interests alleging misdelivery by carrier – Cargo interests bringing timeous proceedings against carrier in Tunisia in breach of exclusive jurisdiction clause – Carrier seeking declaration of non-liability in English courts relying on Hague Rules time-bar – Application of Hague Rules time bar to misdelivery claims – Whether commencement of Tunisian proceedings defeated carrier's time bar defence – Hague Rules 1924, article III rule 6.; [2018] 2 Lloyd's Rep. 563

: HARMS AND OTHERS v VUELING AIRLINES SA; Aviation – Airline travel – Reimbursement of price of ticket where flight cancelled – Whether reimbursement by airline included agent's commission – Regulation (EC) No 261/2004, article 8(1).; [2018] 2 Lloyd's Rep. 586

: MOZARD (HK) CO LTD v DACHSER HONG KONG LTD; Carriage of goods by air – Limitation of liability – Carrier delivering cargo without production of original air waybill – Whether Montreal Convention had direct compulsory application – Whether Montreal Convention applied contractually – Construction of express limitation clause – Whether carrier precluded from relying on limitation clause on basis of fundamental breach – Whether limitation clause satisfied requirements of reasonableness – Carriage by Air Ordinance (Cap 500) – Control of Exemption Clauses Ordinance (Cap 71).; [2018] 2 Lloyd's Rep. 590

: NATWEST MARKETS PLC (FORMERLY KNOWN AS THE ROYAL BANK OF SCOTLAND PLC) v STALLION EIGHT SHIPPING CO SA (THE “MV ALKYON”); Admiralty practice – Arrest of vessel by mortgagee – Shipowner applying for order releasing vessel from arrest unless mortgagee provided cross-undertaking in damages – Whether cross-undertaking should be imposed as condition of release.; [2018] 2 Lloyd's Rep. 601

: RJ AND ANOTHER v HB; Arbitration – Serious irregularity – Arbitrator giving a remedy not sought by the parties – Whether award should be set aside or remitted – Whether arbitrator should be removed – Arbitration Act 1996, sections 24 and 68.; [2018] 2 Lloyd's Rep. 613

: SEADRILL GHANA OPERATIONS LTD v TULLOW GHANA LTD; Contract – Force majeure – Hirer of oil rig terminating contract on ground of force majeure – Whether hirer entitled to rely on force majeure clause – Whether VAT payable on sums due to owner – Whether withholding tax payable – Ghana VAT Act, section 42 – Ghana Petroleum Income Tax Act 1987.; [2018] 2 Lloyd's Rep. 628