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).

BORDER TIMBERS LTD AND ANOTHER v REPUBLIC OF ZIMBABWE

[2024] Lloyd's Rep. Plus 13
Arbitration – ICSID – Enforcement of award – Sovereign immunity – Non-disclosure – State Immunity Act 1978, sections 1, 2 and 9 – Arbitration (International Investment Disputes) Act 1966, section 2 – ICSID Convention 1965, articles 53, 54 and 55 – Civil Procedure Rules, 62.21.

UNICREDIT BANK GMBH v RUSCHEMALLIANCE LLC

[2024] Lloyd's Rep. Plus 14
Arbitration – Anti-suit injunction – Law applicable to arbitration clause – Whether injunction should be granted to protect arbitration with foreign seat – Senior Courts Act 1981, section 37 – CPR 6.37 – CPR PD 6B.

STAR AXE I LLC v ROYAL AND SUN ALLIANCE LUXEMBOURG SA – BELGIAN BRANCH AND OTHERS

[2024] Lloyd's Rep. Plus 15
General average – Congenbill 1994 – York-Antwerp Rules incorporated into bills of lading including “any subsequent modifications” – Meaning of “any subsequent modifications” – Whether rights and obligations in general average governed by York-Antwerp Rules 1994 or York-Antwerp Rules 2016.

SMART GAIN SHIPPING CO LTD v LANGLOIS ENTERPRISES LTD (THE “GLOBE DANAE”)

[2024] Lloyd's Rep. Plus 16
Charterparty (time) – Hire – Hull fouling – Hull cleaning – Shipowner undertaking hull cleaning following redelivery – Whether shipowner to claim hire for the hull cleaning period or damages – Meaning of “always at charterers’ time” – Liability for time – Owners not required to show loss of time.

H1 AND ANOTHER v W AND OTHERS

[2024] Lloyd's Rep. Plus 17
Arbitration – Insurance – Application of policy to accident on film set – Arbitrator’s treatment of witnesses – Whether potential bias – Whether arbitrator should be removed – Anonymity – Arbitration Act 1996, section 24.

QUAID-E-AZAM THERMAL POWER (PRIVATE) LTD v SUI NORTHERN GAS PIPELINES LTD

[2024] Lloyd's Rep. Plus 18
Arbitration – Serious irregularity – Natural justice – Failure to consider all points – Arbitration Act 1996, section 68(2)(a), (d).

CZECH REPUBLIC v DIAG HUMAN SE AND ANOTHER

[2024] Lloyd's Rep. Plus 19
Arbitration – Investment arbitration – Appeal on jurisdictional grounds – Whether appeal precluded by failure to raise matters in arbitration – Whether matters were jurisdictional – Serious irregularity – Failure to deal with all points – Possibility of correction by tribunal – Arbitration Act 1996, sections 31, 57, 67, 68, 70 and 72.

SODZAWICZNY v SMITH AND ANOTHER

[2024] Lloyd's Rep. Plus 20
Arbitration – Stay of proceedings – Whether judicial proceedings related to a matter to be referred to arbitration – Anti-arbitration injunction – Grounds upon which relief could be granted – Arbitration Act 1996, section 9.

DELOS SHIPHOLDING SA AND OTHERS v ALLIANZ GLOBAL CORPORATE AND SPECIALTY SE AND OTHERS

[2024] Lloyd's Rep. Plus 21
Insurance (marine) – War and allied risks – Detention – Constructive total loss – Whether loss fortuitous – Effect of exclusion for customs or quarantine regulations and similar arrests – Suing and labouring – Non-disclosure – Knowledge and materiality – Late payment of claims – Marine Insurance Act 1906, section 55 – Insurance Act 2015, sections 3, 4 and 13A.

HUAWEI TECHNOLOGIES (UK) LTD v DSV SOLUTIONS LTD

[2024] Lloyd's Rep. Plus 22
Carriage (road) – Mobile phones stolen during carriage by road – Jurisdiction – Time bar – Decision by Netherlands court that claim was time-barred – Meaning of “judgment” – Meaning of “same grounds” – Meaning of “enforceable” – Convention on the Contract for the International Carriage of Goods by Road (CMR Convention), article 31 – Carriage of Goods by Road Act 1965.

MITSUI & CO (USA) INC v ASIA-POTASH INTERNATIONAL INVESTMENT (GUANGZHOU) CO LTD

[2024] Lloyd's Rep. Plus 23
Contracts – Contract for the sale of goods fob – Contract terminated – Claimant seeking indemnity or damages – String contracts – Back-to-back contracts – Remoteness.

MSC MEDITERRANEAN SHIPPING CO SA v STOLT TANK CONTAINERS BV AND OTHERS (THE “MSC FLAMINIA”) (NO 2)

[2024] Lloyd's Rep. Plus 24
Admiralty – Limitation of liability – Tonnage limitation – Shipowner – Charterer – Shipowner claiming against charterer in respect of losses suffered by shipowner – Limitation fund – Consequential losses – Convention on Limitation of Liability for Maritime Claims 1976, article 2.

SHARP CORP LTD v VITERRA BV (PREVIOUSLY KNOWN AS GLENCORE AGRICULTURE BV)

[2024] Lloyd's Rep. Plus 25
Sale of goods – Measure of loss – Valuation of goods – Valuation date – Mitigation – Nature of contract - Contract of sale on C&F terms had following addenda become a contract akin to sale ex warehouse – GAFTA default clause – GAFTA 24.

TROTMAN v THE ENVIRONMENT AGENCY

[2024] Lloyd's Rep. Plus 26
Administrative law – Prosecution of offences – Houseboat ordered to move away from lock – Environment Agency’s powers as prosecutor – Harbourmaster’s powers – Thames Navigation Licensing and General Byelaws 1993, byelaw 49(a) – Thames Conservancy Act 1932, sections 79, 82 to 85, 233 and 234 – Prosecution of Offences Act 1985, section 18.

SHARP CORP LTD v VITERRA BV (PREVIOUSLY KNOWN AS GLENCORE AGRICULTURE BV)

[2024] Lloyd's Rep. Plus 27
Sale of goods – Measure of loss – Valuation of goods – Compensatory principle – Mitigation – GAFTA default clause – GAFTA 24 – Arbitration – Court’s jurisdiction on appeal on a question of law – Arbitration Act 1996, section 69.

RTI LTD v MUR SHIPPING BV

[2024] Lloyd's Rep. Plus 28
Contracts (contract of affreightment) – Sanctions – Force majeure – Reasonable endeavours – Offer of non-contractual performance – Reasonable endeavours proviso in force majeure clause not requiring acceptance of offers of non-contractual performance.

ARGENTUM EXPLORATION LTD v REPUBLIC OF SOUTH AFRICA

[2024] Lloyd's Rep. Plus 29
Salvage – Sovereign immunity – Salvaged silver bars – Customary international law – Meaning of phrase “in use or intended for use for commercial purposes” in relation to cargo – State Immunity Act 1978, sections 10 and 13 – International Convention for the Unification of Certain Rules concerning the Immunity of State-owned Ships 1926 (Brussels Convention), articles 1 to 3.

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