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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).
FLYING DUTCHMAN OVERSEAS LTD AND ANOTHER v THE PORT AUTHORITY AND ANOTHER
[2024] Lloyd's Rep. Plus 12
Sanctions – Judicial review – Interim order to prevent sale – Yacht initially seized subject to sanctions and released – Port manager seeking sale of vessel.
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.
SHERMAN AND ANOTHER v READER OFFERS LTD
[2024] Lloyd's Rep. Plus 30
Contract (package travel) – Cruise to Northwest Passage adopting different itinerary due to ice conditions – Terms of contract - Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 1992 No 3288).
EURONAV SHIPPING NV v BLACK SWAN PETROLEUM DMCC
[2024] Lloyd's Rep. Plus 31
Arbitration – Anti-anti-arbitration injunction – Party said to have submitted to Malaysia court jurisdiction – Decision of Malaysia court under appeal - Comity.
SIAN PARTICIPATION CORP (IN LIQUIDATION) v HALIMEDA INTERNATIONAL LTD (RESPONDENT) (VIRGIN ISLANDS)
[2024] Lloyd's Rep. Plus 32
Arbitration – British Virgin Islands – Undisputed claim – Winding-up petition – Whether stay has to be granted – Whether court should exercise discretion to stay proceedings – Arbitration Act 1996, section 9.
MINTS AND OTHERS v PJSC NATIONAL BANK TRUST AND ANOTHER
[2024] Lloyd's Rep. Plus 33
Sanctions – Litigation with designated persons – Meaning and effect of UK sanctions regime – Construction of statute – Sanctions and Anti-Money Laundering Act 2018 – Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855) – Council Regulation (EU) No 269/2014.
PROCESS & INDUSTRIAL DEVELOPMENTS LTD v FEDERAL REPUBLIC OF NIGERIA
[2024] Lloyd's Rep. Plus 34
Arbitration – Awards overturned – Costs order – Currency of costs – Permission to appeal against costs order – Arbitration Act 1996, section 68(4).
SMIT SALVAGE BV AND OTHERS v LUSTER MARITIME SA AND ANOTHER (THE MV “EVER GIVEN”)
[2024] Lloyd's Rep. Plus 35
Salvage – Contract – Formation – Negotiations – Refloating of Ever Given – Salvors on board providing services – Parties negotiating agreement - Remuneration agreed – Further terms to be negotiated – Whether contract agreed.
LIPTON AND ANOTHER v BA CITYFLYER LTD CIVIL AVIATION AUTHORITY INTERVENING
[2024] Lloyd's Rep. Plus 36
Aviation – Compensation for delayed flight – Effect of UK withdrawal from EU –Regulation 261/2004/EC –Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 (SI 2019 No 278) – European Union (Withdrawal) Act 2018 – European Union (Withdrawal Agreement) Act 2020.
DRAX ENERGY SOLUTIONS LTD v WIPRO LTD
[2024] Lloyd's Rep. Plus 37
Contracts – Interpretation of clause – Limitation of liability – Single cap or multiple caps on liability – Meaning of “claim”.
KING CRUDE CARRIERS SA AND OTHERS v RIDGEBURY NOVEMBER LLC AND OTHERS
[2024] Lloyd's Rep. Plus 38
Contract – Ship sale – Deposit – Cooperation – Deemed fulfilment of conditions precedent – Maxim that a person could not derive a benefit from his own wrong.
KING CRUDE CARRIERS SA AND OTHERS v RIDGEBURY NOVEMBER LLC AND OTHERS
[2024] Lloyd's Rep. Plus 39
Contract – Ship sale – Deposit – Cooperation – Buyer of ship failing to take steps to place deposit in escrow – Condition precedent to payment of an accrued debt – Maxim that a person could not derive a benefit from their own wrong – Mackay v Dick principle.
ZURICH INSURANCE CO LTD (TRADING AS NAVIGATORS AND GENERAL) AND OTHERS v HALCYON YACHT CHARTER LLP AND ANOTHER (THE “BIG KAHUNA”)
[2024] Lloyd's Rep. Plus 40
Admiralty – Limitation of liability – Fire on board vessel in Greece – Damage to other vessels – Vessel owner commencing limitation proceedings before English court – Proceedings commenced in Greece – Question of stay of English proceedings – Convention on Limitation of Liability for Maritime Claims 1976 as amended – Merchant Shipping Act 1995, section 185 and Schedule 7.
CELESTIAL AVIATION SERVICES LTD v UNICREDIT BANK GMBH, LONDON BRANCH (FORMERLY UNICREDIT BANK AG, LONDON BRANCH) CONSTITUTION AIRCRAFT LEASING (IRELAND) 3 LTD v UNICREDIT BANK GMBH, LONDON BRANCH (FORMERLY UNICREDIT BANK AG, LONDON BRANCH)
[2024] Lloyd's Rep. Plus 41
Contract (letter of credit) – Sanctions – Letters of credit in respect of aircraft leases – Leases terminated without return of aircraft – Confirming bank declining to pay under letters of credit with reference to Sanctions Regulations – Meaning of “in connection with an arrangement” – Autonomy of letters of credit – Ralli Bros principle – Sanctions and Anti-Money Laundering Act 2018, section 44 – Russia (Sanctions) (EU Exit) Regulations 2019, SI 2019 No 855, regulation 28(3).
JB COCOA SDN BHD AND OTHERS v MAERSK LINE AS (TRADING AS SAFMARINE)
[2024] Lloyd's Rep. Plus 42
Contracts (bill of lading) – Cargo of cocoa beans deteriorating between discharge and delivery – Carrier’s duty of care of cargo – Inherent vice.
SY RORO 1 PTE LTD AND ANOTHER v ONORATO ARMATORI SRL AND OTHERS
[2024] Lloyd's Rep. Plus 43
Charterparties (demise) – Bareboat charterparties under multipartite agreement – Termination of head charterparty following termination event – Redelivery – Sub-bareboat charterer refusing to redeliver vessels – Specific performance – Relief from forfeiture.
SOUTHEASTER MARITIME LTD v TRAFIGURA MARITIME LOGISTICS PTE LTD (THE MV “AQUAFREEDOM”)
[2024] Lloyd's Rep. Plus 44
Charterparty (time) – Fixture – Recap – Negotiations – Terms – Review clause – Subjects – Counter-offers – WhatsApp messages – Summary judgment.
ORION SHIPPING AND TRADING LTD v GREAT ASIA MARITIME LTD (THE “LILA LISBON”)
[2024] Lloyd's Rep. Plus 45
Ship sale – Seller’s default – Seller failing to give notice of readiness – Buyer terminating agreement – Damages – Loss of bargain – Norwegian Sale Form 2012 – Sale of Goods Act 1979, section 51 – Arbitration Act 1996, section 69.
MERCURIA ENERGY TRADING PTE v RAPHAEL COTONER INVESTMENTS LTD (M/T “AFRA OAK”)
[2024] Lloyd's Rep. Plus 46
Charterparty – Vessel anchoring outside Singapore port in Indonesian territorial waters – Vessel detained by Indonesian Navy - Charterer's orders – Navigation – Employment orders – Nautical fault – Act, neglect or default of master – US Carriage of Goods by Sea Act 1936, section 4(2)(a) – Hague Rules – United Nations Convention on the Law of the Sea 1982.
PERUSAHAAN PERSEROAN (PERSERO) PT PERTAMINA v TREVASKIS LTD (THE “STAR CENTURION” AND THE “ANTEA”)
[2024] Lloyd's Rep. Plus 47
Admiralty – Wreck – Limitation of liability – Vessel sunk in collision – Owner incurring removal costs following wreck removal order – Whether claim for removal costs subject to limitation – Merchant Shipping (Limitation of Shipowners Liability) Ordinance, Cap 434, section 15 – Convention on Limitation of Liability for Maritime Claims 1976, articles 2(1)(a), 2(1)(c), 2(1)(d) and 18(1).
IVECO SPA AND OTHERS v THE SHIP “HÖEGH LONDON”
[2024] Lloyd's Rep. Plus 48
Admiralty – Arrest – Application for release of vessel – Writ as to arrest impermissibly citing corporations as relevant persons – Writ making claims in rem and in personam – Admiralty Act 1988 (Cth), sections 14, 17 and 18 – Admiralty Rules 1988 (Cth), rules 15 and 18 – Admiralty Jurisdiction Regulation Act 105 of 1983 (RSA), sections 1(3), 3(4) and 5(3).
MARCHAND NAVIGATION CO v OLAM GLOBAL AGRI PTE LTD AND ANOTHER
[2024] Lloyd's Rep. Plus 49
Charterparty (time) – Lien on sub-freights – Disponent owner exercising lien over sub-freights having paid for bunkers under time charterparty– Demurrage owed under voyage charterparty – Meaning of “amounts due under this charter” – Nature of shipowner’s lien over sub-freights, sub-hires or demurrages – Time charterer asserting arbitration clause –Meaning of “dispute” – New York Produce Exchange 1946.
THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “EDZARD SCHULTE” v THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “SETIA BUDI”
[2024] Lloyd's Rep. Plus 50
Admiralty – In rem claim against vessel – Shipowner subject to scheme of arrangement – Maritime lien – Effect of restraining order in insolvency proceedings on writ in rem based on maritime lien – Personification or procedural theory – Companies Act 2016 (Malaysia), section 368.
DENVER MARITIME LTD v BELPAREIL AS (THE “KIRAN AUSTRALIA” AND THE “BELPAREIL”)
[2024] Lloyd's Rep. Plus 51
Admiralty – Collision – Vessel dragging anchor – Presumption of negligence – Fault – Apportionment.
AZ v BY
[2024] Lloyd's Rep. Plus 52
Arbitration – Award – Construction – Effect of dispositive – Whether exhaustive as to rights and remedies – Whether parties can agree to revive jurisdiction of functus officio tribunal.
PORALU MARINE AUSTRALIA PTY LTD v MV DIJKSGRACHT
[2024] Lloyd's Rep. Plus 53
Contracts (carriage of goods by sea) – Formation – Fixture recap email – Booking note – Sea waybill – Application of Hague Rules “as enacted in the country of shipment” – Ireland – Hague-Visby Rules, article 10.
REPUBLIC OF KOREA v ELLIOTT ASSOCIATES LP
[2024] Lloyd's Rep. Plus 54
Arbitration – Investment Treaty – Merger of company in which investor held shares – Whether acts carried out by state - Jurisdiction – Permission to appeal – Vienna Convention on the Law of Treaties 1969 – USA–Korea Free Trade Agreement – Arbitration Act 1996, sections 30 and 67.
AITEO EASTERN E & P CO LTD v SHELL WESTERN SUPPLY AND TRADING LTD AND OTHERS
[2024] Lloyd's Rep. Plus 55
Arbitration – Serious irregularity – Apparent bias – Significance of disclosure – Waiver – Extension of time – Arbitration Act 1996, sections 68, 70 and 80.
UNICREDIT BANK GMBH v RUSCHEMALLIANCE LLC
[2024] Lloyd's Rep. Plus 56
Arbitration – Anti-suit injunction – Contract governed by English law with seat of arbitration in Paris – Jurisdiction to grant anti-suit injunction – Exercise of discretion – Senior Courts Act 1981, section 37 – Arbitration Act 1996, section 44 – CPR 6.36, 6.37(3) and 62.5 – CPR PD6B, para 3.1(6)(c).
UNICREDIT BANK AG v GLENCORE SINGAPORE PTE LTD
[2024] Lloyd's Rep. Plus 57
Contracts (Letters of credit) – Fraud – Tort of deceit – Representations – Fraud exception – Presentation under letter of credit including letter of indemnity from beneficiary seller to buyer of goods.
LITASCO SA v DER MOND OIL AND GAS AFRICA SA AND ANOTHER
[2024] Lloyd's Rep. Plus 58
Contract – Negotiations – Payment of contract debt – Force majeure clause – Trade sanctions clause – Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855) – Summary judgment.
KUVERA RESOURCES PTE LTD v JPMORGAN CHASE BANK NA
[2024] Lloyd's Rep. Plus 59
Contracts – Letters of credit – Contract formation – Contract terms – Interpretation of sanctions clause – Letter of credit transaction between confirming bank and beneficiary – Unilateral contract.
OWNER AND/OR DEMISE CHARTERER OF THE VESSEL “A SYMPHONY” v OWNER AND/OR DEMISE CHARTERER OF THE VESSEL “SEA JUSTICE” (THE “SEA JUSTICE”)
[2024] Lloyd's Rep. Plus 60
Admiralty – Action in rem – Collision – Limitation fund constituted in court in China – Vessel arrest and security in Singapore – Vessel released – Plaintiff seeking retention of security where other forum the natural and appropriate forum – Duty of disclosure – Conflict of laws – Clearly and distinctly the more appropriate forum – Comity – Convention on the Limitation of Liability for Maritime Claims 1976, as amended by the 1996 Protocol.
OWNER AND/OR DEMISE CHARTERER OF THE VESSEL “A SYMPHONY” v OWNER AND/OR DEMISE CHARTERER OF THE VESSEL “SEA JUSTICE” (THE “SEA JUSTICE”)
[2024] Lloyd's Rep. Plus 61
Admiralty – Action in rem – Conflict of laws – Collision – Limitation fund constituted in court in China – Vessel arrest and security in Singapore – Vessel released – Plaintiff seeking retention of security where other forum the natural and appropriate forum – Judicial comity – Shipowner’s right to choose the limitation forum – The Spiliada – The Rena K principle – Duty of disclosure – Convention on the Limitation of Liability for Maritime Claims 1976, as amended by the 1996 Protocol.
OWNER AND/OR DEMISE CHARTERER OF THE VESSEL “A SYMPHONY” v OWNER OF THE VESSEL “SEA JUSTICE” (THE “SEA JUSTICE”)
[2024] Lloyd's Rep. Plus 62
Admiralty – Action in rem – Forum non conveniens – Stay – Collision – Limitation fund constituted in court in China – Vessel arrest and security in Singapore – Vessel released – Plaintiff seeking retention of security where other forum the natural and appropriate forum – Judicial comity – Shipowner’s right to choose limitation forum – The Spiliada – International Arbitration Act 1994 (2020 Rev Ed), section 7(1).
CZECH REPUBLIC v DIAG HUMAN SE AND ANOTHER
[2024] Lloyd's Rep. Plus 63
Arbitration – Bilateral Investment Treaty – Jurisdiction – Meaning of “qualifying investment” – Whether dispute arose before BIT was entered into – Meaning of “qualifying investor” – Issue estoppel – Arbitration Act 1996 – Vienna Convention on the Law of Treaties 1968.
AMS AMEROPA MARKETING AND SALES AG AND ANOTHER v OCEAN UNITY NAVIGATION INC
[2024] Lloyd's Rep. Plus 64
Contracts (bills of lading) – Heat damage to soybeans – Carrier admitting breach – Salvage sale by receiver – Seller claiming against carrier having compensated buyer – Title to sue – Mitigation of loss.
MITTAL v WESTBRIDGE VENTURES II INVESTMENT HOLDINGS
[2024] Lloyd's Rep. Plus 65
Arbitration – Arbitrability – Whether arbitrability determined by law of seat or law applicable to arbitration clause – Whether express or implied choice of law for arbitration clause – Closest connection – Anti-suit injunction.
INFRASTRUCTURE SERVICES LUXEMBOURG SARL AND ANOTHER v THE KINGDOM OF SPAIN BORDER TIMBERS LTD AND ANOTHER v REPUBLIC OF ZIMBABWE
[2024] Lloyd's Rep. Plus 67
Arbitration – Sovereign immunity – Arbitration award obtained under ICSID Convention 1965 – Enforcement in England – Whether accession to ICSID was submission to jurisdiction – ICSID Convention, articles 53 to 55 – State Immunity Act 1978, sections 1, 2 and 9.
TUMPUAN MEGAH DEVELOPMENT SDN BHD v ING BANK NV AND ANOTHER
[2024] Lloyd's Rep. Plus 68
Arbitration – Stay of judicial proceedings – Issue estoppel – Extension of time – Arbitration Act 1996, sections 9, 66, 73 and 80(5).
BARCLAYS BANK PLC v VEB.RF
[2024] Lloyd's Rep. Plus 71
Arbitration – Jurisdiction – Preliminary determination of jurisdiction by the court – Arbitration Act 1996, section 32.