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: MITSUI & CO LTD AND OTHERS v BETEILIGUNGSGESELLSCHAFT LPG TANKERFLOTTE MBH & CO KG AND ANOTHER (THE “LONGCHAMP”); General average – Vessel seized by pirates in Gulf of Aden – Negotiations for payment of ransom – Whether expenses incurred by shipowner during period of negotiations allowable in general average – York-Antwerp Rules 1974, Rule F.; [2018] 1 Lloyd's Rep. 1

: SINO CHANNEL ASIA LTD v DANA SHIPPING & TRADING PTE SINGAPORE; Arbitration – Jurisdiction – Agency – Whether notice of arbitration validly served on the claimant – Actual and ostensible authority – Ratification – Arbitration Act 1996, sections 72 and 76.; [2018] 1 Lloyd's Rep. 17

: TAURUS PETROLEUM LTD v STATE OIL MARKETING COMPANY OF THE MINISTRY OF OIL, REPUBLIC OF IRAQ; Arbitration – Award – Enforcement – Respondent failing to pay arbitration award – Claimant applying for third party debt order over letters of credit – Whether respondent was beneficiary of debt created by letters of credit – Situs of debt – Whether third party debt order should be made – Whether court entitled to make receivership order.; [2018] 1 Lloyd's Rep. 29

: CSSA CHARTERING AND SHIPPING SERVICES SA v MITSUI OSK LINES LTD (THE “PACIFIC VOYAGER”); Charterparty (Voyage) – Charterparty containing cancelling date but no ETA – Nature of owners’ obligation to commence approach voyage – Whether obligation absolute or to use due diligence – Vessel delayed through no fault of owners – Whether owners in breach of obligation in relation to approach voyage.; [2018] 1 Lloyd's Rep. 57

: KYRGYZ REPUBLIC v STANS ENERGY CORPORATION AND ANOTHER; Arbitration - Jurisdiction - Meaning of foreign law - Arbitration Act 1996, section 67.; [2018] 1 Lloyd's Rep. 66

: PAN-UNITED SHIPPING PTE LTD v CUMMINS SALES AND SERVICE SINGAPORE PTE LTD; Contract – Exclusion clause – Defendant contracting to overhaul engines of plaintiff's tugboat – Engine damaged after seizing up during testing – Whether defendant in breach of contract – Whether plaintiff's or defendant's standard terms applied – Whether defendant entitled to limit liability to price of quotation.; [2018] 1 Lloyd's Rep. 95

: COMPANY 1 v COMPANY 2 AND ANOTHER; Arbitration – Interim relief – Order preserving evidence or assets – Whether matter urgent – Whether court should intervene where arbitration had its seat in Switzerland – Arbitration Act 1996, sections 2(3) and 44(3).; [2018] 1 Lloyd's Rep. 115

: STOCKMAN INTERHOLD SA v ARRICANO REAL ESTATE PLC; Arbitration – Award set aside and remitted to arbitrator – Jurisdiction of arbitrator under a remitted arbitration – Jurisdiction to take account of facts arising after issue of first award – Jurisdiction of arbitrator – Whether agreement to extend jurisdiction – Waiver – Whether later award obtained by fraud – Serious irregularity – Arbitration Act 1996, sections 45, 67, 68, 71 and 73.; [2018] 1 Lloyd's Rep. 135

: DANA GAS PJSC v DANA GAS SUKUK LTD AND OTHERS; Contract – Illegality – Mistake – Public policy – Rule against penalties.; [2018] 1 Lloyd's Rep. 177

: OLDHAM v QBE INSURANCE (EUROPE) LTD; Insurance (professional indemnity) – Liability of insurer to pay defence costs – Coverage dispute resolved by arbitrator in favour of insurers – Whether assured required to repay defence costs – Serious irregularity in award on costs – Extension of time for appeal – Arbitration Act 1996, sections 33, 68, 69, 70 and 80.; [2018] 1 Lloyd's Rep. 191

: PHONES 4U LTD (IN ADMINISTRATION) v EE LTD; Contract – Counterclaim for damages for repudiatory breach or renunciation – Contract terminated by defendant by reason of claimant going into administration – Whether claimant in repudiatory breach – Whether defendant could rely upon repudiation or renunciation where termination was not based on breach.; [2018] 1 Lloyd's Rep. 204

: TONICSTAR LTD v ALLIANZ INSURANCE PLC AND ANOTHER; Arbitration – Reinsurance – Qualification of arbitrator – Whether arbitrator should be removed – Arbitration Act 1996, sections 24 and 30.; [2018] 1 Lloyd's Rep. 229

: GLENCORE AGRICULTURE BV (FORMERLY GLENCORE GRAIN BV) v CONQUEROR HOLDINGS LTD (THE “AMITY”); Arbitration – Jurisdiction – Whether tribunal properly constituted – Notice of arbitration sent to personal email address of employee of respondent company – Whether notice of arbitration validly served – Whether agency principles applicable – Whether recipient had actual or ostensible authority to accept notice of arbitration.; [2018] 1 Lloyd's Rep. 233

: PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LTD v SAMSUNG ENGINEERING TRINIDAD CO LTD; Arbitration – Jurisdiction – Meaning of “substantive jurisdiction” – Arbitration Act 1996, section 67.; [2018] 1 Lloyd's Rep. 242

: PROGAS ENERGY LTD AND OTHERS v THE ISLAMIC REPUBLIC OF PAKISTAN; Arbitration – Claim in arbitration rejected and costs awarded against claimant – Appeal against arbitration award for serious irregularity – Application by defendant for security for the costs of the application and security for the costs award – Effect of claim being funded by litigation funders – Arbitration Act 1996, sections 68(2)(d), 70(5) and 70(6).; [2018] 1 Lloyd's Rep. 252

: SCHENKER LTD v NEGOCIOS EUROPA LTD; Carriage of goods by air – Carrier claiming air freight from defendant – Defendant seeking to set off counterclaim for breach of contract of carriage – Whether common-law rule precluding set-off against freight extended to carriage by air.; [2018] 1 Lloyd's Rep. 271

: ST SHIPPING AND TRANSPORT PTE LTD v SPACE SHIPPING LTD (THE “CV STEALTH”) (NO 2); Arbitration – Vessel subjected to prolonged detention by Venezuelan courts – Arbitrator making interim award determining that detention was caused by charterers’ employment order – Arbitrator making subsequent award in respect of owners’ continuing losses – Whether arbitrator applied wrong legal test for causation – Whether events since initial award broke chain of causation – Whether arbitrator erred in making deduction for drydocking expenses potentially saved.; [2018] 1 Lloyd's Rep. 276

: CONNECT SHIPPING INC AND ANOTHER v SVERIGES ANGFARTYGS ASSURANS FORENING (THE SWEDISH CLUB) AND OTHERS (THE “RENOS”); Insurance (marine) – Vessel damaged by fire – Whether vessel a constructive total loss – Whether notice of abandonment validly served – Assessment of costs of repairs – Whether costs incurred before notice of abandonment served to be taken into account – Salvage costs – Suing and labouring – Marine Insurance Act 1906, sections 60, 62 and 88.; [2018] 1 Lloyd's Rep. 285

: EMMOTT v MICHAEL WILSON & PARTNERS LTD; Arbitration – Anti-suit injunction – Cause of action estoppel – Issue estoppel – Abuse of process – Senior Courts Act 1981, section 37.; [2018] 1 Lloyd's Rep. 299

: ST SHIPPING AND TRANSPORT PTE LTD AND OTHERS v SPACE SHIPPING LTD AND ANOTHER (THE “CV STEALTH”) (NO 3); Practice – Stakeholder proceedings – Whether “competing claims” – Effect of Rule B attachment – CPR Part 86.; [2018] 1 Lloyd's Rep. 308

: TOPTIP HOLDING PTE LTD v MERCURIA ENERGY TRADING PTE LTD (THE “PAN GOLD”); Contract – Formation – Negotiations for charter of vessel – Owners’ offer expressed to be “Subject to review” of charterer's pro forma charterparty “with logical amendment” – Whether binding contract concluded – Whether any concluded contract void for uncertainty.; [2018] 1 Lloyd's Rep. 316

: TRANSGRAIN SHIPPING (SINGAPORE) PTE LTD v YANGTZE NAVIGATION (HONG KONG) CO LTD (MV “YANGTZE XING HUA”); Charterparty (Time) – NYPE Inter-Club Agreement 1996 – Clause 8(d) – Whether “act” requires fault.; [2018] 1 Lloyd's Rep. 330

: BERKELEY BURKE SIPP ADMINISTRATION LLP v CHARLTON AND ANOTHER; Arbitration – Point of law – Application for permission to appeal from award of Financial Ombudsman Service – Meaning of “arbitration agreement” – Arbitration Act 1996, sections 6, 58 and 69.; [2018] 1 Lloyd's Rep. 337

: GAHAN v EMIRATES; BUCKLEY AND OTHERS v EMIRATES; Carriage by air - Passengers Delay - Passengers suffering delay involving connecting flights from Dubai by non-EU Community carrier - Whether passengers entitled to compensation under Regulation (EC) No 261/2004.; [2018] 1 Lloyd's Rep. 341

: MT "CAPE BONNY" TANKSCHIFFAHRTS GMBH & CO KG v PING AN PROPERTY AND CASUALTY INSURANCE COMPANY OF CHINA LTD, BEIJING BRANCH (THE "CAPE BONNY"); General average - Vessel suffering engine breakdown whilst seeking to avoid typhoon - Whether casualty caused by actionable fault on part of shipowners - Burden of proof as to reasonableness of expenditure claimed - Whether mere immobilisation a sufficient peril or danger in the law of general average - Whether expenditure reasonable.; [2018] 1 Lloyd's Rep. 356

: ULTRABULK A/S v JAGATRAMKA; Guarantee - Personal guarantee provided by private individual - Whether on demand bond or guarantee of performance by third party.; [2018] 1 Lloyd's Rep. 384

: ALLIANZ INSURANCE PLC AND ANOTHER v TONICSTAR LTD; Arbitration – Reinsurance – Qualification of arbitrator – Whether arbitrator should be removed – Arbitration Act 1996, sections 24 and 30.; [2018] 1 Lloyd's Rep. 389

: COSCO BULK CARRIER CO LTD v TIANJIN GENERAL NICE COKE AND CHEMICALS CO LTD AND ANOTHER (THE “JIA LI HAI”); Admiralty practice – Pleading – Claimant shipowner suing cargo insurer under general average guarantee – Cargo insurer pleading defence of unseaworthiness – Whether adequate factual foundations for allegation – Whether claimant entitled to summary judgment.; [2018] 1 Lloyd's Rep. 396

: EXPORTADORA DE SAL SA DE CV v CORRETAJE MARITIMO SUD-AMERICANO INC; Arbitration (jurisdiction) – Whether challenge went to jurisdiction – Whether right to challenge lost by waiver – Arbitration Act 1996, sections 31, 67 and 73.; [2018] 1 Lloyd's Rep. 399

: GPF GP SARL v THE REPUBLIC OF POLAND; Arbitration – Jurisdiction – Bilateral Investment Treaty – Vienna Convention 1969 – Arbitration Act 1996, section 67.; [2018] 1 Lloyd's Rep. 410

: TRAFIGURA BEHEER BV v RENBRANDT LTD; Sale of goods (fob) – Cargo of gasoil delivered to Nigeria – Buyer alleging cargo off specification – Seller bringing proceedings in England claiming negative declaratory relief and seeking summary judgment – Whether claimant entitled to summary judgment – CPR 24.; [2018] 1 Lloyd's Rep. 437

: DAEWOO SHIPBUILDING & MARINE ENGINEERING CO LTD v SONGA OFFSHORE EQUINOX LTD AND ANOTHER; Arbitration – Application for permission to appeal – Running of time for permission to appeal following an application to the arbitrators for amendments to the award under the slip rule – Extension of time for the grant of permission to appeal – Arbitration Act 1996, sections 57, 69, 70 and 80.; [2018] 1 Lloyd's Rep. 443

: SEA2011 INC v ICT LTD; Jurisdiction – Sales Agency Agreement including an arbitration clause – Identity of parties to the arbitration clause – Implied contract – Construction of notice of arbitration – Arbitration Act 1996, section 67.; [2018] 1 Lloyd's Rep. 463

: SINGULARIS HOLDINGS LTD v DAIWA CAPITAL MARKETS EUROPE LTD; Dishonest assistance with breach of fiduciary duty – Duty of care owed by bank – Whether duty broken – Illegality – Attribution – Contributory negligence – Law Reform (Contributory Negligence) Act 1945.; [2018] 1 Lloyd's Rep. 472

: MORRIS-GARNER AND ANOTHER v ONE STEP (SUPPORT) LTD; Contract – Measure of damages – Breach of non-competition clause and non-solicit obligations – Whether damages to be awarded based on notional negotiation of rights between the parties – Senior Courts Act 1981, section 50.; [2018] 1 Lloyd's Rep. 495

: VINNLUSTODIN HF AND ANOTHER v SEA TANK SHIPPING AS (THE “AQASIA”); Carriage of goods by sea – Package limitation – Whether “unit” meant physical unit for shipment or unit of measurement – Whether package limitation capable of applying to bulk cargo – 1924 Hague Rules, article IV rule 5.; [2018] 1 Lloyd's Rep. 530

: R (MONARCH AIRLINES LTD) v AIRPORT COORDINATION LTD; Carriage by air – Insolvency – Airline in administration – Allocation of airport slots – Council Regulation (EEC) No 95/93 on the common rules for the allocation of slots at Community airports.; [2018] 1 Lloyd's Rep. 549

: RELIANCE INDUSTRIES LTD AND ANOTHER v THE UNION OF INDIA; Arbitration – Jurisdiction – Serious irregularity – Unfairness, excess of powers and failure to adhere to agreed procedures – Error of law – Arbitrability of act of state – Waiver of defence of act of state – Reservation of issue for future determination – Arbitration Act 1996, sections 31, 33, 47, 67, 68, 69 and 70.; [2018] 1 Lloyd's Rep. 562

: COLLINS v LAWRENCE; Practice – Limitation of time – Personal injury – Claimant passenger disembarking from boat after fishing trip – Claimant slipping on plywood board placed on shingle at foot of freestanding steps – Whether accident occurred while in course of disembarkation – Whether claim time-barred – Athens Convention 1974, articles 1(8) and 3.; [2018] 1 Lloyd's Rep. 603

: LAWRENCE v NCL (BAHAMAS) LTD (THE “NORWEGIAN JADE”); Admiralty – Personal injury action – Cruise passenger sustaining injury on tender boat while disembarking for shore excursion – Whether claimant contracted with cruise operator – Whether incident occurred in course of carriage – Whether incident caused by fault or neglect of cruise operator – Athens Convention 1974, articles 1.8 and 3.; [2018] 1 Lloyd's Rep. 607

: COMPUTER ASSOCIATES UK LTD v THE SOFTWARE INCUBATOR LTD; Agency – Commercial Agents (Council Directive) Regulations 1993 – Whether software constituted goods – Whether either party in repudiatory breach of agency agreement – Commercial Agents Directive, Council Directive 86/653/EEC.; [2018] 1 Lloyd's Rep. 613

: FLIGHTRIGHT GMBH v AIR NOSTRUM, LÍNEAS AÉREAS DEL MEDITERRÁNEO SA; BECKER v HAINAN AIRLINES CO LTD; BARKAN AND OTHERS v AIR NOSTRUM, LÍNEAS AÉREAS DEL MEDITERRÁNEO SA; Carriage by air – Jurisdiction – Connecting flight operated by different air carriers – Concept of “matters relating to a contract” – Concept of “place of performance” – Right of air passengers to compensation for denied boarding and for long delay of a flight – Action for compensation brought against operating air carrier not domiciled in the territory of a member state or with which the passengers do not have contractual relation – Regulation 261/2004/EC – Regulation 44/2001/EC, article 5(1) – Regulation 1215/2012/EC, article 7(1).; [2018] 1 Lloyd's Rep. 626

: HALLIBURTON CO v CHUBB BERMUDA INSURANCE LTD AND OTHERS; Arbitration – Removal of arbitrator – Potential bias – Test for potential bias – Whether arbitrator should have disclosed other later appointments – Arbitration Act 1996, section 24.; [2018] 1 Lloyd's Rep. 638

: LUKOIL ASIA PACIFIC PTE LTD v OCEAN TANKERS (PTE) LTD (THE “OCEAN NEPTUNE”); Demurrage – Time bar – Charter providing that demurrage claims should be time-barred unless submitted with supporting documents within 90 days of discharge of cargo – Whether time bar applied to time lost waiting for orders.; [2018] 1 Lloyd's Rep. 654

Lloyd's Law Reports