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PIRAEUS BANK AE v ANTARES UNDERWRITING LTD AND OTHERS
[2022] 2 Lloyd's Rep. 1
Insurance (marine) – Mortgagees’ interest insurance (MII) – Vessel detained in Venezuela on suspicion of smuggling oil – Claim under war risks policy rejected – Whether MII insurers were liable – Whether detention excluded from war risks policy – Whether vessel was a constructive total loss – Marine Insurance Act 1906, section 60 – Effect on MII policy of excluded loss under war risks policy.
SHARP CORPORATION LTD v VITERRA BV (PREVIOUSLY KNOWN AS GLENCORE AGRICULTURE BV)
[2022] 2 Lloyd's Rep. 43
Sale of goods (c&f) – Contracts for sale of pulses – Buyer failing to make payment – Seller reselling goods and claiming damages for default – Assessment of market value of goods on date of default – GAFTA default clause – GAFTA 24.
CHELLURI v AIR INDIA LTD
[2022] 2 Lloyd's Rep. 57
Aviation – Compensation for delayed flight – Booking for US to India using four flights – Whether compensation payable for delay in the UK – European Parliament and Council Regulation (EC) No 261/2004.
LIFESTYLE EQUITIES CV AND ANOTHER v HORNBY STREET (MCR) LTD AND OTHERS
[2022] 2 Lloyd's Rep. 68
Arbitration – Stay of proceedings – Claim brought by assignees of a trademark – Assignor waiving rights to enforcement under earlier agreement containing arbitration clause – Whether assignee was party to the arbitration agreement – Law applicable to determine whether assignee was bound by arbitration agreement – Arbitration Act 1996, section 9.
LIVIAN GMBH v ELEKTA LTD AND ANOTHER
[2022] 2 Lloyd's Rep. 85
Arbitration – Serious irregularity – Tribunal not referring to evidence of witness – Substantial injustice – Arbitration Act 1996, section 68.
MAERSK A/S v MERCURIA ENERGY TRADING SA
[2022] 2 Lloyd's Rep. 95
Practice – Anti-suit injunction – Contracts of carriage containing exclusive English jurisdiction clause and one-year time bar – Cargo owners bringing proceedings in Turkey against carrier and others – Carrier applying for anti-suit injunction – Whether injunction should be refused on grounds of delay or of prejudice to cargo owners by reason of time bar – Whether court should impose conditions – Senior Courts Act 1981, section 37.
THE “NAVIOS KOYO”
[2022] 2 Lloyd's Rep. 105
Arbitration – Stay of court proceedings – Whether stay should be made conditional upon defendant waiving time-bar defence.
CIVIL AVIATION AUTHORITY v RYANAIR DAC
[2022] 2 Lloyd's Rep. 115
Aviation – Compensation for cancelled flight – Strike – Whether strike constituted “extraordinary circumstances” – Regulation (EC) No 261/2004.
FS CAIRO (NILE PLAZA) LLC v BROWNLIE
[2022] 2 Lloyd's Rep. 127
Conflict of laws – Accident in Egypt – Whether the English court had jurisdiction to hear the claim – Whether it was necessary to prove the content of Egyptian law.
GOL LINHAS AEREAS SA v MATLINPATTERSON GLOBAL OPPORTUNITIES PARTNERS (CAYMAN) II LP AND OTHERS
[2022] 2 Lloyd's Rep. 169
Arbitration – Jurisdiction – Enforcement of award – Issue estoppel – Departure from legal arguments put to the tribunal – Whether defendants unable to present their case – Public policy – Whether tribunal exceeded scope of reference to arbitration – New York Convention.
SELEVISION SAUDI CO v BEIN MEDIA GROUP LLC
[2022] 2 Lloyd's Rep. 190
Arbitration – Enforcement of award – Arbitration claim form served on award debtor – Whether award debtor had right to bring counterclaim and join a third party in the enforcement proceedings – Arbitration Act 1996, sections 101 and 103 – Civil Procedure Rules, Parts 8 and 62.
UNION OF INDIA v RELIANCE INDUSTRIES LTD AND ANOTHER
[2022] 2 Lloyd's Rep. 201
Arbitration – Res judicata and abuse of process – Whether principle applied to different stages of an arbitration – Serious irregularity – Error of law – Arbitration Act 1996, sections 68 and 69.
BP OIL INTERNATIONAL LTD v GLENCORE ENERGY UK LTD
[2022] 2 Lloyd's Rep. 221
Contracts – Sale of goods – Cargo of allegedly contaminated crude oil – Negotiations – Offer – Acceptance – Counter offer – “Subject to” – “Last shot” doctrine – Whether contract concluded for shipment of cargo of crude oil – Terms of contract – Certificates of quality and quantity – Use of other evidence as to quality of cargo – Measure of loss – Sale of Goods Act 1979, section 53.
DUCAT MARITIME LTD v LAVENDER SHIPMANAGEMENT INC (THE “MAJESTY”)
[2022] 2 Lloyd's Rep. 279
Arbitration – Serious irregularity – Arbitrator miscalculating award sum – Arbitrator rejecting application to correct award – General duty of tribunal – Substantial injustice – Small Claims Procedure – Arbitration Act 1996, sections 33, 57 and 68.
LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v KINGDOM OF SPAIN
[2022] 2 Lloyd's Rep. 286
Arbitration – Judgment entered in terms of arbitration award – Application to enforce later Spanish judgment in England – Whether earlier judgment prevented enforcement in England – Arbitration Act 1996, section 66 – Council Regulation (EC) No 44/2001 (Brussels I Regulation), articles 1, 27, 33 and 34.
MUR SHIPPING BV v RTI LTD
[2022] 2 Lloyd's Rep. 297
Contracts (contract of affreightment) – Force majeure – Sanctions against parent company of charterer – Contract of affreightment specifying payment in dollars – Charterer requesting to pay in euros – Reasonable endeavours – Substitution of local currency for contractual currency – Arbitration – Appeal under section 69 of the Arbitration Act 1996.
KEI v HUA SHE ASSET MANAGEMENT (SHANGHAI) CO LTD
[2022] 2 Lloyd's Rep. 329
Arbitration – Enforcement of award – Notice of arbitration proceedings – Whether applicant otherwise unable to present his case – Issue estoppel – Abuse of process – New York Convention – Arbitration Act 1996, section 103.
MSC MEDITERRANEAN SHIPPING CO SA v STOLT TANK CONTAINERS BV AND OTHERS (THE “MSC FLAMINIA”)
[2022] 2 Lloyd's Rep. 341
Arbitration – Issue estoppel – Arbitration tribunal finding no negligence with limitation claimant – Whether open to limitation defendant to argue that limitation claimant acted recklessly – Arbitration award establishing issue estoppel – Limitation of liability – Defence under article 4 – Anti-suit injunction – Limitation claimant seeking anti-suit injunction against defendant defending limitation claim – Limitation defendant having established claim – Enforcement not yet in progress – Convention on the Limitation of Liability for Maritime Claims 1976, articles 2, 4.
PBO v DONPRO AND OTHERS
[2022] 2 Lloyd's Rep. 359
Arbitration – Appeal against award – Whether Appeal Board decided case on grounds not raised by the parties’ cases – Validity of exercise of discretion to refuse amendments – Serious irregularity – Substantial injustice – Arbitration Act 1996, sections 33 and 68.
PT ADIDAYA ENERGY MANDIRI v MS FIRST CAPITAL INSURANCE LTD
[2022] 2 Lloyd's Rep. 381
Insurance (marine) – Constructive total loss – Breach of warranty – Breach of claims condition – Notice of abandonment – Suing and labouring costs – Marine Insurance Act 1906, sections 62 and 78 – Insurance Act 2015, sections 10 and 11.
KNAPFIELD v CARS HOLDINGS LTD AND OTHERS
[2022] 2 Lloyd's Rep. 431
Carriage of goods (road) – Limitation of liability – Consignment note – Wilful misconduct – Carriage of Goods by Road Act 1965 – Convention on the Contract for the International Carriage of Goods by Road 1956, articles 24, 26 and 29.
M/V PACIFIC PEARL CO LTD v OSIOS DAVID SHIPPING INC
[2022] 2 Lloyd's Rep. 448
Collision – Security – Letters of undertaking – Collision jurisdiction agreement (ASG 2) – Reasonably satisfactory form of letter of undertaking – Sanctions clause – Offeree's obligation to accept security – Construction of contract – Implication of terms.
REPUBLIC OF SIERRA LEONE v SL MINING LTD
[2022] 2 Lloyd's Rep. 458
Arbitration – Jurisdiction and admissibility – Tiered dispute resolution clause – Whether decision of tribunal to hear claim was excess of jurisdiction – Arbitration Act 1996, sections 30 and 67.
UNICREDIT BANK AG v EURONAV NV
[2022] 2 Lloyd's Rep. 467
Carriage (bills of lading) – Status of bill of lading in hands of original shipper – Delivery without production of the bill of lading – Bill of lading issued by shipowner – Charterparty novated – Whether bill of lading evidencing a contract of carriage – Whether owners’ obligation contained in charterparty or bill of lading – Liability – Quantum.
QBE EUROPE SA/NV AND ANOTHER v GENERALI ESPANA DE SEGUROS Y REASEGUROS
[2022] 2 Lloyd's Rep. 481
Arbitration – Anti-suit injunction – Foreign proceedings in breach of arbitration clause – Nature of legislation conferring right of action – Senior Courts Act 1981, section 37.
SOLEYMANI v NIFTY GATEWAY LLC
[2022] 2 Lloyd's Rep. 499
Arbitration – Stay of proceedings – Consumer arbitration – Arbitration clause governed by New York law with New York seat – Jurisdiction – Arbitration Act 1996, sections 9 and 89 – Civil Jurisdiction and Judgments Act 1982, sections 15A to 15E – Consumer Rights Act 2015, section 62 and schedule 2.
UK P&I CLUB NV AND ANOTHER v REPUBLICA BOLIVARIANA DE VENEZUELA (THE “RCGS RESOLUTE”)
[2022] 2 Lloyd's Rep. 520
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.
QUADRA COMMODITIES SA v XL INSURANCE COMPANY SE AND OTHERS
[2022] 2 Lloyd's Rep. 541
Insurance (marine) – Cargo claim – Insurable interest – Whether subject matter was lost – Measure of indemnity – Suing and labouring – Late payment – Marine Insurance Act 1906, sections 5 and 67 – Insurance Act 2015, section 13A – Sale of Goods Act 1979, sections 16, 20A and 61.
SOLEYMANI v NIFTY GATEWAY LLC COMPETITION AND MARKETS AUTHORITY (INTERVENING)
[2022] 2 Lloyd's Rep. 570
Arbitration – Stay of proceedings – Consumer arbitration – Arbitration clause governed by New York law with New York seat – Jurisdiction – Arbitration Act 1996, sections 9 and 89 – Civil Jurisdiction and Judgments Act 1982, sections 15A to 15E – Consumer Rights Act 2015, sections 62, 74 and schedule 2.
NKD MARITIME LTD v BART MARITIME (NO 2) INC (THE “SHAGANG GIANT”)
[2022] 2 Lloyd's Rep. 601
Contracts (ship sale) – Sale of vessel for scrapping – Covid-19 lockdown – Lockdown measures imposed by government – Inner anchorage inaccessible – Vessel giving notice of arrival at outer anchorage and instructed to wait where convenient – Termination of agreement – Whether termination valid – Vessel delivery – Meaning of “transfer of title” – Force majeure – Whether lockdown measures constituting restraints of government – Inability to perform – Indian Shipbreaking Code (Revised) 2013.
OCM MARITIME NILE LLC AND ANOTHER v COURAGE SHIPPING CO AND OTHERS (THE “COURAGE” AND THE “AMETHYST”)
[2022] 2 Lloyd's Rep. 619
Charterparty (demise) – Effect of sanctions – Registered owner seeking possession of vessels – Construction of charterparty terms – Entitlement to buy vessel at end of charterparty period – Penalty clauses – Primary and secondary obligations – Relief from forfeiture – Conduct – Barecon 2001.