i-law

Lloyd's Law Reports Plus

UK P&I CLUB NV AND ANOTHER v REPUBLICA BOLIVARIANA DE VENEZUELA (THE “RCGS RESOLUTE”)

[2024] Lloyd's Rep. Plus 1
Arbitration – Anti-suit injunction – Direct action against insurers by third-party state – Whether third-party state bound by arbitration clause – Whether anti-suit injunction could be granted against a state – State Immunity Act 1978, sections 1, 9 and 13 – European Convention on Human Rights, article 6.

RSM PRODUCTION CORPORATION v GAZ DU CAMEROUN SA

[2024] Lloyd's Rep. Plus 2
Arbitration – Anti-suit injunction – Scope of arbitration clause – Optional arbitration clause – Jurisdiction – Disclosure – Senior Courts Act 1981, section 37 – CPR 6.11 and 62.5.

MUNICÍPIO DE MARIANA AND OTHERS v BHP GROUP (UK) LTD AND ANOTHER

[2024] Lloyd's Rep. Plus 3
Arbitration – Stay of proceedings – Contribution claim – Parties to the arbitration agreement – Scope of agreement – Abuse of process – Arbitration Act 1996, section 9.

KARPIK v CARNIVAL PLC AND ANOTHER (THE “RUBY PRINCESS”)

[2024] Lloyd's Rep. Plus 4
Liability – Cruise ship passengers – Lead claimant in representative proceedings – Claim that lead claimant and her husband were infected with coronavirus on board cruise ship Ruby Princess – Claims under Australian consumer law and in negligence – Duties of owner and operators of passenger vessel – Question of duty of care to take reasonable precautions to protect and safeguard passengers from infectious disease – Competition and Consumer Act 2010 (Cth) – Civil Liability Act 2002 (NSW) – Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974.

KARPIK v CARNIVAL PLC AND ANOTHER (THE “RUBY PRINCESS”)

[2024] Lloyd's Rep. Plus 5
Liability – Cruise ship passengers – Lead claimant in representative proceedings – Outbreak of Covid-19 on cruise ship Ruby Princess – Application of Australian Consumer Law to contracts made outside Australia – Unfair terms of consumer contracts – Class action waiver – Federal Court of Australia Act 1976 (Cth) – Competition and Consumer Act 2010 (Cth).

HERCULITO MARITIME LTD AND OTHERS v GUNVOR INTERNATIONAL BV AND OTHERS (THE “POLAR”)

[2024] Lloyd's Rep. Plus 6
Contracts – General average – Bill of lading – Charterparty – General average bond – General average guarantee – Charterparty containing agreement that charterer pay insurance premium – Kidnap and ransom insurance – War risks insurance – Shipowner having paid ransom to pirates – Whether charterparty providing insurance code and fund – Whether bill of lading holders able to rely on charterparty insurance terms to refuse payment under general average bond – Incorporation of charterparty terms into bill of lading – Whether manipulation of incorporated terms permitted.

SEATRIUM NEW ENERGY LTD (FORMERLY KNOWN AS KEPPEL FELS LTD) v HJ SHIPBUILDING & CONSTRUCTION CO LTD (FORMERLY KNOWN AS HANJIN HEAVY INDUSTRIES AND CONSTRUCTION CO LTD)

[2024] Lloyd's Rep. Plus 7
Contract – Breach – Whether sub-contractor’s duties under shipbuilding sub-contract breached – Variation – Effect of variation of sub-contract – Post-delivery warranty obligations – Tort – Negligence – Duty of care – Duty of care in addition to contractual duty of due care, skill and diligence.

CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, SINGAPORE BRANCH v PPT ENERGY TRADING CO LTD AND ANOTHER APPEAL

[2024] Lloyd's Rep. Plus 8
Contracts - Letters of credit – Payment under letter of credit issued in context of fraudulent transaction – Beneficiary not a participant in the fraud – Letters of indemnity.

BUMI JAYA SALVAGE & ENGINEERING SDN BHD v BRAVE WORTH SHIPPING CO LTD (THE “KMAX PRO”)

[2024] Lloyd's Rep. Plus 9
Admiralty – Wreck removal – Standard terms in wreck removal agreements – Civil procedure – Judgments and orders – Setting aside default judgment.

DELTA CORP SHIP MANAGEMENT DMCCO v THE SHIP “CALEDONIAN SKY”

[2024] Lloyd's Rep. Plus 10
Admiralty – Arrest – Caveats against release – Application by plaintiff to Registrar for release of vessel under arrest – Whether vessel should be released from arrest – Role of caveats against release – Whether release should be delayed to protect interest of caveator – Admiralty Rules 1988 (Cth), rules 10, 51, 52 and 80.

GEELONGPORT PTY LTD v THE SHIP “VOYAGER P”

[2024] Lloyd's Rep. Plus 11
Admiralty – Application for judicial sale of ship pendente lite – Application for order to move ship under arrest – Ship abandoned – Orders made – Admiralty Rules 1988 (Cth), rule 47 – Port Management Act 1995 (Vic).

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