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REPUBLIC OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF INDIA (MINISTRY OF DEFENCE) v. INDIA STEAMSHIP CO. LTD. (THE INDIAN GRACE ) (No.2)

Admiralty practice - Res judicata - Waiver - Estoppel - Carriage by sea - Damage to goods - Judgment obtained in India - Action brought in England - Whether plaintiffs' action barred by res judicata under s. 34 - Whether defendants waived rights or were estopped from relying on s. 34 - Civil Jurisdiction and Judgments Act, 1982, s. 34. Admiralty practice - Actions in rem and personam - Res judicata - Carriage by sea - Damage to goods - Judgment obtained in action in personam in India - Action in rem brought in England - Whether English action barred by res Judicata under s. 34 - Whether proceedings in English action brought on same cause of action between same parties as proceedings In India - Whether English proceedings should be struck out - Civil Jurisdiction and Judgments Act, 1982, s. 34.

[1998] 1 Lloyd's Rep. 1

THE “HAPPY FELLOW”

Admiralty practice - Limitation fund - Stay of action - Collision between plaintiffs’ and defendants’ vessels near the mouth of the Seine - Action brought in France - Plaintiffs purported to constitute limitation fund in England - Whether English action should be stayed - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 21 and 22.

[1998] 1 Lloyd's Rep. 13

CREDIT LYONNAIS BANK NEDERLAND N.V. (NOW GENERALE BANK NEDERLAND N.V.) v. EXPORT CREDIT GUARANTEE DEPARTMENT

Banking - Export Credit Guarantee - Construction - Comprehensive bank guarantee and specific bank guarantee - Default of exporter - Bank claimed under guarantees in contract and tort - Allegations of misrepresentation and non-disclosure - Whether bank failed to verify validity and enforceability of bills of exchange - Duty of disclosure under contract of guarantee - Whether employee of ECGD had actual or ostensible authority to issue guarantees of bills of exchange - Breach of duty in relation to termination of insurance policy underlying CBG.

[1998] 1 Lloyd's Rep. 19

HALKI SHIPPING CORPORATION v. SOPEX OILS LTD. (THE “HALKI”)

Charter-party (Voyage) - Arbitration clause - Construction - Application for stay - Owners alleged charterers failed to load or discharge vessel within laytime - Owners claimed demurrage - Charterers disputed liability - Whether action by owners in respect of matter which should be referred to arbitration - Whether action should be stayed - Arbitration Act, 1996, s. 9.

[1998] 1 Lloyd's Rep. 49

POSEIDON SCHIFFAHRT G.m.b.H. v. NOMADIC NAVIGATION CO. LTD. (THE “TRADE NOMAD”)

Arbitration - Award - Leave to appeal - Construction - Agreement that disputes under charter-party to be referred to arbitration - Whether consent to appeals from award without leave should be restricted to consent given after dispute had been referred to arbitration - Arbitration Act, 1979, ss. 1(3), 3. Charter-party (Time) - Standard terms - Construction - Charterers discovered vessel unfit to carry out crude oil washing and to carry crude oil - Charterers claimed deductions from hire - Whether clause applied to defects existing at time of delivery. Arbitration - Award - Error of law - Off-hire clause - Construction - Vessel off hire due to boiler and engine breakdown - Meaning of words “until she is again ready and in an efficient state to resume her service. . .” - Whether arbitrator made error of law in application of off-hire clause to periods of off-hire.

[1998] 1 Lloyd's Rep. 57

SKIPSKREDITTFORENINGEN v. EMPEROR NAVIGATION

Contract - Misrepresentation - Set-off - Arguable case - Loan agreement for refinancing and purchase - Defendants failed to pay instalments - Allegations that loan induced by misrepresentation entitling defendant to rescind or claim damages - Whether arguable - Whether mortgagees in breach for failing to accept favourable sale opportunities -Whether set-off available to defendants.

[1998] 1 Lloyd's Rep. 66

AKAI PTY. LTD. v. PEOPLE’S INSURANCE CO. LTD.

Insurance (Comprehensive Credit) - Jurisdiction - Stay of action - Anti-suit injunction - Time bar - Claim by insured under policy - Actions brought in Australia and England - Whether insurers submitted to jurisdiction of Australian Courts - Whether English action should be stayed - Applications for anti-suit and anti-enforcement injunctions - Whether defendants entitled to summary judgment on time bar issue.

[1998] 1 Lloyd's Rep. 90

McGREGOR v. PRUDENTIAL INSURANCE CO. LTD.

Insurance (Combined Business) - Fire - Arson - Defendants insured plaintiff’s premises - Cover in respect of damage by fire directly caused by malicious persons - Premises deliberately set on fire - Plaintiff claimed under policy - Issues as to whether the plaintiff or an unknown third party was the arsonist - Burden of proof - Whether defendants had established fire deliberately caused by plaintiff.

[1998] 1 Lloyd's Rep. 112

SARRIO S.A. v. KUWAIT INVESTMENT AUTHORITY

Contract - Jurisdiction - Articles 21 and 22 - Plaintiff agreed to sell to defendants its paper business - Plaintiff alleged defendants’ misstatements induced it to enter into contract - Proceedings brought in Spain and England - Issues as to appropriateness of jurisdiction at common law - Whether English actions should be dismissed or stayed under arts. 21 and/or 22 of Brussels Convention - Civil Jurisdiction and Judgments Act, 1982.

[1998] 1 Lloyd's Rep. 129

THE “GUISEPPE DI VITTORIO”

Admiralty practice - Arrest of vessel - State immunity - Beneficial ownership - Vessel arrested for sums due under bunkering contracts - Republic of Ukraine intervened claiming ownership of vessel - Whether operators of vessel beneficial owners or demise charterers of vessel - Whether Republic of Ukraine liable in personam - Whether Republic of Ukraine could claim state immunity.

[1998] 1 Lloyd's Rep. 136

THE “HERCEG NOVI” AND “MING GALAXY”

Admiralty practice - Limitation of liability - Stay of action - Forum non conveniens - Collision in straits of Singapore - Proceedings in Singapore and England - Limits of liability applicable in England and Singapore different - Whether Singapore more natural or appropriate forum - Whether English action should be stayed - Convention on Limitation of Liability for Maritime Claims, 1976.

[1998] 1 Lloyd's Rep. 167

TARRANT v. RAMAGE AND OTHERS (THE “SALVITAL”)

Negligence - Duty of care - Breach - Salvage tug ordinarily used for berthing rendered salvage service in Persian Gulf - Tug struck by exocet missile - Plaintiff radio officer suffered injuries - Whether owners of tug owed duty of care to plaintiff - Whether owners in breach of that duty - Whether plaintiff’s injuries caused by that breach.

[1998] 1 Lloyd's Rep. 185

VILLA DENIZCILIK SANAYI VE TICARET AS v. LONGEN S.A. (THE “VILLA”)

Arbitration - Arbitrator - Appointment - Sole arbitrator - Disputes arising under charter-party - Whether arbitration proceedings commenced - Arbitration clause called for appointment of three-man tribunal - Whether charter implied arbitration before sole arbitrator - Whether Court had jurisdiction to appoint sole arbitrator - Arbitration Act, 1996, ss. 16(3), 18(3).

[1998] 1 Lloyd's Rep. 195

THE “KAPITAN SHVETSOV”

Admiralty practice - Jurisdiction - Forum non conveniens - Stay of proceedings - Limitation of liability - Collision between Singaporean and Russian vessels in Chao Phraya river in Thailand - Actions brought in Singapore and Hong Kong - Whether Singapore more convenient forum - Different limitation of liability Conventions applicable in Hong Kong and Singapore - Whether action should be heard in Hong Kong.

[1998] 1 Lloyd's Rep. 199

THE “RIVER GURARA”

Carriage by sea - Limitation of liability - “Package” - Goods containerized - Bills of lading stated number of containers and/or pallets and quantified number of goods loaded therein - Vessel sank with total loss of cargo - Whether container to be treated as sole package - Whether defendants entitled to limit liability by reference to number of containers - Hague Rules art. IV, r. 5. Bill of lading - Exclusion clause - Limitation of liability - Clause provided if container not packed by carrier, container to be treated as a package - Whether defendants could rely on clause - Whether clause contrary to art. III, r. 8 of the Hague Rules and therefore void.

[1998] 1 Lloyd's Rep. 225

STATE OF THE NETHERLANDS (REPRESENTED BY THE MINISTER OF DEFENCE) v. YOUELL AND HAYWARD AND OTHERS

Insurance (Marine) - Sue and labour - Joint or composite policies - Wilful misconduct - Contract for building of two submarines for Dutch navy - Submarines suffered debonding and cracking in paintwork - Whether navy and yard joint assured - Whether plaintiffs guilty of wilful misconduct - Whether conduct of yard relevant - Whether underwriters entitled to deny liability - Whether plaintiffs failed to take steps to minimize damages - Marine Insurance Act, 1906, ss. 55(2)(a) and 78(4).

[1998] 1 Lloyd's Rep. 236

TURKIYE IS BANKASI AS v. BANK OF CHINA

Banking - Counter-guarantees - Enforcement - Counter-guarantees provided to back performance bonds to secure obligations under building contracts - Demands made under performance bonds - Whether demands fraudulent - Whether plaintiffs bound to pay under performance guarantee - Whether counter-guarantees could be enforced.

[1998] 1 Lloyd's Rep. 250

EAGLE STAR LIFE ASSURANCE CO. LTD. v. GRIGGS AND MILES

Insurance (Life) - Commission - Non-payment - LAUTRO regulations - Construction - Defendants placed insurance with plaintiffs - Plaintiffs failed to pay commission - Whether subsequent negotiation resulted in cancellation of policy and return of first premium - Whether defendants entitled to claim commission. Contract - Breach - LAUTRO regulations - Plaintiffs agreed to provide training to enable defendants’ employees to obtain LAUTRO licences - Defendants alleged delay in obtaining licences meant trainees unable to sell products resulting in loss to defendants - Whether plaintiffs liable.

[1998] 1 Lloyd's Rep. 256

THE “ALEKSANDR MARINESKO” AND “QUINT STAR”

Collision - Passing vessels - Apportionment - Collision in Taiwan Strait - Both vessels proceeding at full ahead and neither reduced speed before collision - Whether plaintiffs’ vessel altered course to port before collision - Failure to keep proper lookout - Failure to take action to avoid close quarters situation - Apportionment of liability.

[1998] 1 Lloyd's Rep. 265

THE “SANWA” AND “CHOYANG STAR”

Collision - Crossing vessels - Liability - Collision in northern approaches to Suez Canal - Navigation of vessels - Alleged fault of pilot of defendants’ vessel - Faults of both vessels - Suez Canal Authority Rules of Navigation - Liability for collision - Apportionment of liability.

[1998] 1 Lloyd's Rep. 283

DOW EUROPE S.A. v. NOVOKLAV INC.

Charter-party (Time) - Due diligence clause - Construction - Vessel damaged by fire at berth - Dispute referred to arbitration - Arbitrators found berth unsafe and breach of safe berth warranty - Challenge to arbitrators’ approach to due diligence clause.

[1998] 1 Lloyd's Rep. 306

HIBERNIA FOODS PLC v. McAUSLIN GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION PLC AND JARDINE INSURANCE BROKERS INTERNATIONAL LTD. (THE “JOINT FROST”)

Insurance (Marine) - Termination - Marine and rejection risks - Cover for export refund under E.C. regulations for rejected cargo - Cargo of meat exported from Ireland to Egypt - Part cargo rejected - Cargo returned to Ireland but condemned by authorities - Whether plaintiff entitled to recover export refund under insurance - Whether cover terminated 30 days after discharge.

[1998] 1 Lloyd's Rep. 310

PENDENNIS SHIPYARD LTD. AND OTHERS v. MAGRATHEA (PENDENNIS) LTD.

Practice - Non-party - Order for costs - Claim under insurance policy - Fire caused by negligence of defendants - Plaintiffs awarded damages - Defendants in liquidation - Whether order for costs could be made against defendants’ insurers - Supreme Court Act, 1981, s. 51(1).

[1998] 1 Lloyd's Rep. 315

EFFORT SHIPPING CO. LTD. v. LINDEN MANAGEMENT S.A. AND ANOTHER (THE “GIANNIS NK”)

Cargo - Dangerous cargo - Shippers’ liability - Carriage by sea - Cargo of ground-nuts shipped at Dakar infested with Khapra beetle - Cargo jettisoned at sea - Whether infestation originated in ground-nut cargo shipped under charter - Whether Khapra beetle already on board vessel when ground-nut cargo shipped - Whether cargo dangerous by reason of presence of Khapra beetle - Whether shippers liable - Bills of Lading Act, 1855, s. 1.

[1998] 1 Lloyd's Rep. 337

TOTAL TRANSPORT CORPORATION v. ARCADIA PETROLEUM LTD. (THE “EURUS”)

Charter-party (Voyage) - Voyage instruction clause - Indemnity - Charterers instructed master to delay tender of notice of readiness - Master failed to comply with instruction - Whether charterers entitled to be indemnified - Whether charterers’ instruction in accordance with custom of trade - Whether master’s failure proximate cause of loss - Antedating of bills of lading - Whether loss foreseeable.

[1998] 1 Lloyd's Rep. 351

H 5 AIR SERVICE NORWAY A.S. v. CIVIL AVIATION AUTHORITY

Carriage by air - Cabotage - Restriction on night flights - Validity - Cargo night flights by single engined aircraft between Edinburgh and Luton - Air operator’s licence issued in Norway authorized cargo night flights - Practice of CAA to ban night flights by single engined aircraft - Whether practice restricted scope of Norwegian air operator’s licence - Air Navigation (No. 2) Order, 1995.

[1998] 1 Lloyd's Rep. 364

TOEPFER INTERNATIONAL G.m.b.H. v. SOCIÉTÉ CARGILL FRANCE

Sale of goods (c.i.f.) - Arbitration agreement - Breach - Anti-suit injunction - Sale of soya bean meal pellets - Dispute as to condition of cargo - Defendants brought emergency and substantive proceedings in French Courts - Whether disputes should have been referred to arbitration - Whether defendants in breach of arbitration agreement - Whether plaintiffs entitled to injunction restraining defendants from continuing proceedings in France - Whether art. 1.4 of Brussels Convention applicable.

[1998] 1 Lloyd's Rep. 379

EIDE U.K. LTD. AND ANOTHER v. LOWNDES LAMBERT GROUP LTD. AND ANOTHER

Insurance (Marine) - Insurance brokers - Lien - Composite insurance - Insurance placed by brokers - Owners, demise charterers and bank shown as co-assured - Proceeds of claim paid to brokers - Brokers applied proceeds in reduction of balance owed to them by demise charterers - Whether brokers entitled to exercise lien in case of composite insurance - Marine Insurance Act, 1906, s. 53.

[1998] 1 Lloyd's Rep. 389

MONARCH AIRLINES LTD. v. LONDON LUTON AIRPORT LTD.

Negligence - Occupiers’ liability - Exclusion clause - Aircraft damaged while taking off at Luton Airport - Whether operators of Luton Airport liable - Whether exclusion clause in operators’ standard conditions offered defence - Whether proviso in exclusion clause to be construed by using same test as used in art. 25 of the Warsaw Convention - Whether clause fell foul of Unfair Contract Terms Act, 1977.

[1998] 1 Lloyd's Rep. 403

BEM DIS A TURK TICARET S/A TR v. INTERNATIONAL AGRI TRADE CO. LTD. (THE “SELDA”)

Sale of goods (C. & F. F.O.) - Default clause - Construction - Measure of damages - Buyers failed to obtain permit for importation of tapioca into Turkey - Dispute referred to arbitration - Sellers awarded sum paid in respect of cancellation of charter - Whether damages recoverable at common law - Whether damages excluded by terms of default clause.

[1998] 1 Lloyd's Rep. 416

ROAR MARINE LTD. AND OTHERS v. BIMEH IRAN INSURANCE CO.

Insurance (Marine) - Follow the leader clause - Construction - Hull and machinery insurance - Cover spread across various co-insuring markets - Markets B, C and D and defendants to follow British underwriters in regard to “settlements in respect of claims” - Vessel suffered engine breakdown - London underwriters settled claim - Identity of leading British underwriters - Whether markets B, C and D bound to follow settlement - Whether settlement concluded in proper and businesslike way.

[1998] 1 Lloyd's Rep. 423

JOLLEY v. LONDON BOROUGH OF SUTTON

Negligence - Occupiers’ liability - Trap and/or allurement - Boat abandoned and left lying on council estate - Plaintiff aged 14 injured while attempting to paint and repair boat - Whether boat a trap and allurement - Whether local authority owed duty of care to plaintiff - Whether local authority negligent in failing to remove boat - Whether plaintiff contributed to accident - Quantum of damages.

[1998] 1 Lloyd's Rep. 433

HOPEWELL PROJECT MANAGEMENT LTD. AND HOPEWELL ENERGY (PHILIPPINES) CORPORATION v. EWBANK PREECE LTD.

Insurance (Contractor’s All Risks) - Insurable interest - Contractors and/or sub-contractors - Contract for construction of power station - Defendants to supply engineering services - Damage occurred to gas turbines - Plaintiffs claimed against defendants - Whether defendants had an insurable interest in policy - Whether defendants fell within the definition of contractors and/or sub-contractors in Contractor’s All Risks policy and/or advance loss of profits policy - Whether plaintiff had authority to make insurance arrangements on defendants’ behalf - Whether parties intended defendants should be covered by policies.

[1998] 1 Lloyd's Rep. 448

NORTH ATLANTIC INSURANCE CO. LTD. v. BISHOPSGATE INSURANCE LTD.

Reinsurance - Aggregate excess of loss - Construction - Limitation of liability - Whether the reaching of the excess point was to be determined by reference to date that reinsured’s liability to pay the inwards claim was established, or the date reinsured actually paid claim - Whether accrual of the cause of action was to be postponed until amount of the variable excess had both become ascertainable and had been reached by settled claims.

[1998] 1 Lloyd's Rep. 459

HALKI SHIPPING CORPORATION v. SOPEX OILS LTD. (THE “HALKI”)

Charter-party (Voyage) - Arbitration clause - Construction - Application for stay - Owners alleged charterers failed to load or discharge vessel within laytime - Owners claimed demurrage - Charterers disputed liability - Whether action by owners in respect of matter which should be referred to arbitration - Whether action should be stayed - Arbitration Act, 1996, s. 9.

[1998] 1 Lloyd's Rep. 465

SCHENKERS LTD. v. OVERLAND SHOES LTD. SCHENKERS INTERNATIONAL DEUTSCHLAND G.m.b.H. v. SAME

Carriage of goods - Freight forwarders - Equitable set-off - “No set-off” clause - Claim by plaintiffs for costs of freight and ancillary charges - Defendant sought to set off own claims in respect of previous freight forwarding transactions with plaintiffs - Whether plaintiffs could rely on “no set-off” clause - Whether exclusion of right to set-off reasonable - Unfair Contract Terms Act, 1977, s. 3.

[1998] 1 Lloyd's Rep. 498

VITOL ENERGY (BERMUDA) LTD. AND ANOTHER v. PISCO SHIPPING CO. LTD.

Practice - Writ - R.S.C., O.6, r. 8(1) - Construction - Alleged breaches by owners of obligations under charter-party and bill of lading - Writ issued before expiry of limitation period but not served out of jurisdiction until four months later - Whether rule required not only that a writ be served out of the jurisdiction within six months of its issue but also that leave to serve be obtained within four months of date of issue of writ.

[1998] 1 Lloyd's Rep. 509

SACOR MARITIMA S.A. v. REPSOL PETROLEO S.A.

Carriage by sea - Damage to cargo - Indemnity - Contracts for carriage of polymer grade propylene - Cargo contaminated - Receivers’ claims settled by disponent owners - Whether disponent owners obliged to purge tanks with nitrogen before loading - Whether disponent owners entitled to be indemnified. Arbitration - Award - Head charter and sub-charter - Cargo damaged by contamination - Disputes referred to two separate arbitrations - Arbitrator in head charter arbitration found disponent owner liable to owners by virtue of acts or omissions of SGS surveyor - Whether finding binding in arbitration between disponent owners and charterers - Whether cause of damage to be treated as acts or omissions of SGS rather than failure or breach by disponent owners.

[1998] 1 Lloyd's Rep. 518

GLOBAL CONTAINER LINES LTD. v. BONYAD SHIPPING CO.

Contract - Joint venture agreement - Construction - Joint venture to cover Atlantic, Far East liners service and worldwide tramp/bulk service - True geographical scope of joint venture - Whether plaintiffs entitled to compete with joint venture - Whether terms on which vessels and cargoes transferred between plaintiffs and joint venture subject to fiduciary principles - Identification of voyages which were part of joint venture - Treatment of container costs, bad debts and size of commission.

[1998] 1 Lloyd's Rep. 528

ANECO REINSURANCE UNDERWRITING LTD. (IN LIQUIDATION) v. JOHNSON & HIGGINS LTD.

Reinsurance - Insurance brokers - Non-disclosure and misrepresentations - Brokers placed plaintiffs’ excess of loss reinsurance contracts with underwriters - Arbitrators held underwriters entitled to avoid cover on grounds of brokers’ misrepresentation and non-disclosure - Plaintiffs claimed damages from brokers for breach of contractual duty and negligence - Whether brokers made fair presentation of risk and all material circumstances to underwriters - Measure of damages.

[1998] 1 Lloyd's Rep. 565

STOCZNIA GDANSKA S.A. v. LATVIAN SHIPPING CO. LATREEFER INC. AND OTHERS

Shipbuilding contract - Default in payment - Rescission - Shipbuilders to build six refrigerated cargo vessels - Payment in instalments - Notice given of keel laying for hulls 1 and 2 - Instalment not paid - Contract rescinded - Whether shipbuilders entitled to recover keel laying instalment.

[1998] 1 Lloyd's Rep. 609

AIRBUS INDUSTRIE GIE v. PATEL AND OTHERS

Carriage by air - Jurisdiction - Anti-suit injunction - Air crash in India - English claimants commenced proceedings in Texas - Application for injunction restraining claimants from proceeding with action in Texas - Whether Court had jurisdiction to grant injunction to restrain foreign proceedings - Whether application for injunction should be granted.

[1998] 1 Lloyd's Rep. 631

ALI SHIPPING CORPORATION v. SHIPYARD TROGIR

Arbitration - Injunction - Disclosure - Shipbuilding contracts - Dispute referred to arbitration - First arbitration between plaintiffs and yard - Arbitrator found in favour of plaintiffs - Second arbitration between yard and buyers - Whether yard entitled to disclose materials generated in first arbitration in second arbitration - Whether injunction restraining yard from doing so should be granted - Whether disclosure would amount to breach of yard’s implied obligation of confidentiality in respect of first arbitration.

[1998] 1 Lloyd's Rep. 643

STANDARD CHARTERED BANK v. PAKISTAN NATIONAL SHIPPING CORPORATION AND ANOTHER

Bill of lading - Summary judgment - Stay of action - Leave to appeal - Allegation of fraudulent misrepresentation - Bill of lading antedated - Whether defendants intended that bill of lading would be used to deceive banks - Whether plaintiffs entitled to summary judgment - Whether action should be tried in Pakistan - Whether action should be stayed - Whether leave to appeal should be granted.

[1998] 1 Lloyd's Rep. 656

THE “GUISEPPE DI VITTORIO” (No. 2)

Admiralty practice - Sale pendente lite - Sovereign immunity - State Immunity (Merchant Shipping) Order, 1997 - Construction - Plaintiffs alleged non-payment for bunkers - Vessel arrested and order for sale pendente lite made - 1997 Order came into effect - Whether 1997 Order prevented sale of vessel - Whether plaintiffs entitled to judgment and costs.

[1998] 1 Lloyd's Rep. 661

T.A. SHIPPING LTD. v. COMET SHIPPING LTD. (THE “AGAMEMNON”)

Charter-party (Voyage) - Laytime - Commencement - Premature notice of readiness - Vessel had not reached place specified in charter for giving notice of readiness - Master gave notice of readiness - Whether notice valid - Whether subsequent arrival of vessel had any effect on that notice - Time laytime commenced.

[1998] 1 Lloyd's Rep. 675

STANDARD CHARTERED BANK v. PAKISTAN NATIONAL SHIPPING CORPORATION AND OTHERS (No. 2)

Bill of lading - Deceit - Conspiracy - Bill of lading antedated - Whether defendants intended that bill of lading would be used to deceive bank - Whether defendants liable in damages for deceit and/or conspiracy - Whether defence of ex turpi causa could be relied on - Whether claims for contribution should be allowed - Civil Liability (Contribution) Act, 1978.

[1998] 1 Lloyd's Rep. 684

VOSNOC LTD. v. TRANS GLOBAL PROJECTS LTD.

Arbitration - Commencement - Limitation of time - Dispute under contract of affreightment - Letter of Sept. 19, 1995 advising dispute being referred to arbitration - Arbitrator not appointed until Mar. 6, 1997 - Whether appointment out of time - Whether letter of Sept. 19 commenced arbitration because it carried implication that recipient appoint his arbitrator - Whether application for extension of time to appoint arbitrator should be granted - Limitation Act, 1980, s. 34(3) - Limitation Act, 1939, s. 27(3) - Arbitration Act, 1996, ss. 12, 14.

[1998] 1 Lloyd's Rep. 711