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Lloyd's Law Reports RSS feed

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) 1215/2012, article 25.

[2019] 2 Lloyd's Rep. 1

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] 2 Lloyd's Rep. 29

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] 2 Lloyd's Rep. 59

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] 2 Lloyd's Rep. 78

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] 2 Lloyd's Rep. 161

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] 2 Lloyd's Rep. 178

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] 2 Lloyd's Rep. 196

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] 2 Lloyd's Rep. 211

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] 2 Lloyd's Rep. 222

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] 2 Lloyd's Rep. 235

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] 2 Lloyd's Rep. 381

K v S

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

[2019] 2 Lloyd's Rep. 391

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] 2 Lloyd's Rep. 399

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 Kong Registration – Merchant Shipping (Registration) Ordinance, Cap 415, sections 22 and 64.

[2019] 2 Lloyd's Rep. 420

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] 2 Lloyd's Rep. 431

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] 2 Lloyd's Rep. 541

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] 2 Lloyd's Rep. 577

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] 2 Lloyd's Rep. 591

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] 2 Lloyd's Rep. 599

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] 2 Lloyd's Rep. 603

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] 2 Lloyd's Rep. 617