- Home/Publications/Lloyd's Law Reports
BNP PARIBAS SA v TRATTAMENTO RIFIUTI METROPOLITANI SPA
[2019] 2 Lloyd's Rep. 1
Conflict of laws – Jurisdiction – Parties entering into two contracts with different jurisdiction clauses – Exclusive jurisdiction – ISDA Master Agreement – Whether dispute at hand – Brussels Regulation (Recast) (EU) 1215/2012, article 25.
NATIONAL JOINT STOCK COMPANY NAFTOGAZ OF UKRAINE v PUBLIC JOINT STOCK COMPANY GAZPROM
[2019] 2 Lloyd's Rep. 20
Arbitration – Stay of enforcement pending challenge to award – Whether enforcement should be stayed – Whether security should be granted – Arbitration Act 1996, section 103(5).
ZCCM INVESTMENTS HOLDINGS PLC v KANSANSHI HOLDINGS LTD AND ANOTHER
[2019] 2 Lloyd's Rep. 29
Arbitration – Appeal against award on the grounds of serious irregularity – Breach of the rules of natural justice – Failure to deal with all issues – Fraud – Failure of appellant to seek additional award from tribunal – Extension of time – Arbitration Act 1996, sections 57, 68, 70 and 80.
AIRBUS SAS v GENERALI ITALIA SPA AND OTHERS
[2019] 2 Lloyd's Rep. 59
Conflict of laws – Jurisdiction – Subrogated insurers claiming in tort in Italy – Exclusive jurisdiction clause – Brussels Regulation Recast, Regulation (EU) No 1215/2012, article 25.
SVERIGES ANGFARTYGS ASSURANS FORENING (THE SWEDISH CLUB) AND OTHERS v CONNECT SHIPPING INC AND ANOTHER (THE “RENOS”)
[2019] 2 Lloyd's Rep. 78
Insurance (marine) – Vessel damaged by fire – Measure of indemnity – Constructive total loss – What costs counting towards calculation of measure of indemnity – Meaning of “cost of repairing the damage” – Hold harmless doctrine – Effect of notice of abandonment – Whether salvage costs incurred prior to notice of abandonment could be included – Whether costs incurred under SCOPIC clause counting towards constructive total loss – Marine Insurance Act 1906, sections 60 and 62.
TIMES TRAVEL (UK) LTD v PAKISTAN INTERNATIONAL AIRLINES CORPORATION
[2019] 2 Lloyd's Rep. 89
Contract – Duress – Threat of lawful act – Whether such a threat could amount to duress if unreasonable.
GLENCORE ENERGY UK LTD AND ANOTHER v FREEPORT HOLDINGS LTD (THE “LADY M”)
[2019] 2 Lloyd's Rep. 109
Carriage of goods by sea – Barratry – Chief engineer deliberately setting fire to vessel – Relevance of chief engineer's state of mind – Whether shipowners entitled to rely on Hague Rules exemption of “fire” – Hague and Hague-Visby Rules article IV, rule 2(b).
KAEFER AISLAMIENTOS SA DE CV v AMS DRILLING MEXICO SA DE CV AND OTHERS (THE “ATLANTIC TIBURON 1”)
[2019] 2 Lloyd's Rep. 128
Practice – Service of claim form out of jurisdiction – Exclusive jurisdiction agreement – Whether third and fourth defendants were undisclosed principals – Test to be applied for determination of jurisdictional question – Brussels Regulation (Recast), Council Regulation 1215/2012/EU, article 25.
P (A COMPANY INCORPORATED IN COUNTRY A) v D (A COMPANY INCORPORATED IN COUNTRY B) AND OTHERS
[2019] 2 Lloyd's Rep. 150
Arbitration – Serious irregularity – Reliance on lack of credibility of witness – Reliance on issues not put to the tribunal – Substantial injustice – Arbitration Act 1996, section 68.
MCKEEVER v NORTHERNREEF INSURANCE CO SA
[2019] 2 Lloyd's Rep. 161
Insurance (marine) – Perils of the seas – Piracy – Suing and labouring – Breach of warranty – Unseaworthiness – Negligence – Marine Insurance Act 1906, sections 33, 39, 55 and schedule 1, rule 7.
SABBAGH v KHOURY AND OTHERS
[2019] 2 Lloyd's Rep. 178
Arbitration – Anti-arbitration injunction – Criteria for grant – Senior Courts Act 1981, section 37 – Arbitration Act 1996, sections 1 and 9 – New York Convention 1958.
SIMPSON MARINE (SEA) PTE LTD v JIARAVANON
[2019] 2 Lloyd's Rep. 196
Restitution – Negotiations for purchase of yacht – Prospective buyer paying deposit to yacht dealer – Buyer not proceeding with purchase – Basis on which deposit paid – Whether buyer entitled to return of deposit.
AIC LTD v THE FEDERAL AIRPORTS AUTHORITY OF NIGERIA
[2019] 2 Lloyd's Rep. 211
Arbitration – Enforcement of award under New York Convention – Whether enforcement proceedings should be adjourned pending an appeal against the award in Nigeria – Security – Arbitration Act 1996, section 103(5).
GENERAL DYNAMICS UNITED KINGDOM LTD v STATE OF LIBYA
[2019] 2 Lloyd's Rep. 222
Arbitration – Enforcement – Sovereign immunity – Whether enforcement order has to be served on state – Arbitration Act 1996, section 101 – State Immunity Act 1978, section 12 – CPR 6.16, 6.44, 6.28 and 62.18.
TRITTON RESOURCES PTY LTD AND OTHERS v EVER ROCK NAVIGATION SA (THE “IKAN JAHAN”)
[2019] 2 Lloyd's Rep. 235
Carriage of goods by sea – Time bar – Cargo interests bringing claims against shipowner seeking indemnity for sums paid towards the cost of salvage and for negative declarations in respect of contributions to general average – Claims based on alleged breaches of contract of carriage – Whether shipowner granted extensions of time for all claims brought under bill of lading – Cargo interest also seeking to bring claim in tort against shipowner – Title to sue – Sea-Carriage Documents Act 1997 (NSW), sections 8 and 9 – Amended Hague-Visby Rules, article III rule 6.
ELENI SHIPPING LTD v TRANSGRAIN SHIPPING BV (THE “ELENI P”)
[2019] 2 Lloyd's Rep. 265
Charterparty (Time) – Vessel captured by pirates in Arabian Sea – Whether charter hire suspended during period of captivity.
LABBADIA v ALITALIA (SOCIETA AEREA ITALIANA SPA)
[2019] 2 Lloyd's Rep. 273
Aviation law – Meaning of accident – Claimant falling on disembarkation – Montreal Convention 1999, articles 17 and 20.
THE “MOUNT APO” AND THE “HANJIN RAS LAFFAN”
[2019] 2 Lloyd's Rep. 287
Admiralty – Collision action – Obligations of vessel crossing lanes in Traffic Separation Scheme – Crossing situations – Use of VHF – Apportionment of liability.
NEW ZEALAND MARITIME PILOTS ASSOCIATION v THE DIRECTOR OF MARITIME NEW ZEALAND
[2019] 2 Lloyd's Rep. 325
Legislation – Maritime pilot licence – Whether experienced dredge skipper eligible to apply for licence – Maritime Rules, Rule 90.41(1)(b).
PAN OCEAN CO LTD v CHINA-BASE GROUP CO LTD (FORMERLY CHINA-BASE NINGBO FOREIGN TRADE CO LTD) AND ANOTHER (THE “GRAND ACE 12”)
[2019] 2 Lloyd's Rep. 335
Conflict of laws – Exclusive jurisdiction clause – Alleged implied contract on terms of bill of lading – Whether jurisdiction clause in bill of lading binding on cif buyer – Whether English court had jurisdiction – Brussels Regulation Recast, Council Regulation 1215/2012/EU, article 25.
PROCESS & INDUSTRIAL DEVELOPMENTS LTD v THE FEDERAL REPUBLIC OF NIGERIA
[2019] 2 Lloyd's Rep. 361
Arbitration – Enforcement of domestic award – Whether tribunal's ruling on seat binding on the parties – Issue estoppel – Place of seat – Public policy – Arbitration Act 1996, sections 3 and 66.
BSG RESOURCES LTD v VALE SA AND OTHERS
[2019] 2 Lloyd's Rep. 381
Arbitration – Appeal against award – Enforcement order obtained – Application to set aside or stay enforcement order – Whether court should order security for the award and for costs – Arbitration Act 1996, sections 24, 66, 68 and 70 – Civil Procedure Rules 17.1(2), 44.5, 62.18 and 83.7.
K v S
[2019] 2 Lloyd's Rep. 391
Arbitration – Appeal against procedural order – Arbitration Act 1996, sections 33, 34 and 68.
LUNGOWE AND OTHERS v VEDANTA RESOURCES PLC AND ANOTHER
[2019] 2 Lloyd's Rep. 399
Jurisdiction – Liability of parent company for torts of subsidiary – Parent company domiciled in England – Jurisdiction of English court over parent company – Subsidiary company domiciled in Zambia – Joinder – Whether subsidiary company a necessary or proper party to claims against the parent company – Appropriate forum – Brussels Regulation Recast, article 4 – Civil Procedure Rules, rule 6.37 and Practice Direction 6B, para 3.1(3).
WIN MORE SHIPPING LTD v DIRECTOR OF MARINE (NO 2)
[2019] 2 Lloyd's Rep. 420
Judicial review – Vessel detained in Hong Kong for breach of UN sanctions against North Korea – Owner of vessel applying for leave to bring judicial review of the failure by the Hong Kong Director of Marine to request the UN Security Council to release vessel from detention and also of the Director's decision to close the vessel's Hong Kong Registration – Merchant Shipping (Registration) Ordinance, Cap 415, sections 22 and 64.
NATIXIS SA v MAREX FINANCIAL AND ANOTHER
[2019] 2 Lloyd's Rep. 431
Sale of goods – Obligation on seller to pass good title – Common mistake and allocation of risk – Whether duty of care owed by warehouse in authenticating forged receipts – Duty of care to seller – Duty of care to buyer – Nature of bailment – Contributory negligence – Mitigation – Validity of exclusion clause – Law Reform (Contributory Negligence) Act 1945 – Unfair Contract Terms Act 1977.
SUEZ FORTUNE INVESTMENTS LTD AND ANOTHER v TALBOT UNDERWRITING LTD AND OTHERS (THE “BRILLANTE VIRTUOSO”) (NO 2)
[2019] 2 Lloyd's Rep. 485
Insurance (marine, war risks) – Wilful misconduct – Piracy – Malicious acts – Breach of warranty – Warranty of legality – Rights of bank as co-assured.
COCKETT MARINE OIL DMCC v ING BANK NV AND ANOTHER (THE M/V “ZIEMIA CIESZYNSKA”)
[2019] 2 Lloyd's Rep. 541
Arbitration – Jurisdiction – Contracts for supply of bunkers – Collapse of OW Bunker Group – Whether arbitrators had jurisdiction to determine claims brought by ING Bank – Whether transactions incorporated OW Bunker Group's standard terms – Whether terms subsequently varied – Whether assignment to ING Bank valid.
KOSHIGI LTD AND ANOTHER v DONNA UNION FOUNDATION AND ANOTHER
[2019] 2 Lloyd's Rep. 550
Arbitration – Bias – Serious irregularity – Challenge proceedings discontinued – Whether indemnity costs payable – Arbitration Act 1996, section 68.
OBRASCON HUARTE LAIN SA (T/A OHL INTERNACIONAL) AND ANOTHER v QATAR FOUNDATION FOR EDUCATION, SCIENCE & COMMUNITY DEVELOPMENT
[2019] 2 Lloyd's Rep. 559
Arbitration – Serious irregularity – Substantial injustice – Whether arbitrators deciding issue on arguments not raised before them – Arbitration Act 1996, sections 33 and 68(2)(a).
STERLING v RAND AND ANOTHER
[2019] 2 Lloyd's Rep. 577
Arbitration – Power of tribunal – Order for specific enforcement – Enforcement of award – Waiver of right to challenge jurisdiction – Public policy – Arbitration Act 1996, sections 30, 48, 66, 68, 73 and 81.
GUAITOLI AND OTHERS v EASYJET AIRLINE CO LTD
[2019] 2 Lloyd's Rep. 591
Aviation – Compensation to passengers for delay – Jurisdiction – Montreal Convention 1999 – European Council Regulation (EC) No 261/2004 on compensation and assistance to passengers – Brussels Regulation Recast, European Council Regulation (EU) No 1215/2012.
LC AND ANOTHER v EASYJET AIRLINE CO LTD
[2019] 2 Lloyd's Rep. 599
Aviation – Delay in flight – Claim for compensation – Whether claimant required to produce boarding pass as evidence – Council Regulation (EC) No 261/2004 on compensation and assistance to passengers.
SILVERBURN SHIPPING (IOM) LTD v ARK SHIPPING CO LLC (THE “ARCTIC”)
[2019] 2 Lloyd's Rep. 603
Charterparty (Bareboat) – Charterers contracting to maintain vessel and keep her “with unexpired classification of the class indicated in Box 10” – Whether classification obligation a condition or innominate term of charter – Whether owners entitled to withdraw vessel following expiry of class certificate.
THE “YUE YOU 902” AND ANOTHER MATTER
[2019] 2 Lloyd's Rep. 617
Carriage of goods by sea – Cargo delivered by carrier without production of bills of lading against letter of indemnity – Unpaid bank holding bills of lading as security – Bank claiming damages against carrier for misdelivery of cargo – Whether bank acquired rights of suit – Whether bank holder of bills in good faith – Whether bank consented to discharge of cargo without presentation of bills of lading – Whether bank entitled to summary judgment – Singapore Bills of Lading Act.