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IXOM OPERATIONS PTY LTD v BLUE ONE SHIPPING SA AND OTHERS (THE "CS ONSAN")
[2024] 2 Lloyd's Rep 1
Contract (bill of lading) – Identity of carrier – Bill of lading consignee obtaining time bar extension from “owner” – Litigation commenced against registered owner within time – Demise charterer joined out of time – Registered owner's defence that it was not a party to the contract of carriage – Demise charterer's time bar defence – Estoppel – Time bar – Extension of time – Carriage of Goods by Sea Act 1991 (Cth), section 8, schedule 1A – Amended Hague-Visby Rules, articles 1 and 3.
MINTS AND OTHERS v PJSC NATIONAL BANK TRUST AND ANOTHER
[2024] 2 Lloyd's Rep 12
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] 2 Lloyd's Rep 53
Arbitration – Awards overturned – Costs order – Currency of costs – Permission to appeal against costs order – Arbitration Act 1996, section 68(4).
SIAN PARTICIPATION CORP (IN LIQUIDATION) v HALIMEDA INTERNATIONAL LTD
[2024] 2 Lloyd's Rep 65
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.
SMIT SALVAGE BV AND OTHERS v LUSTER MARITIME SA AND ANOTHER (THE MV "EVER GIVEN")
[2024] 2 Lloyd's Rep 86
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.
SUN VESSEL GLOBAL LTD v HQ AVIATION LTD AND ANOTHER
[2024] 2 Lloyd's Rep 98
Admiralty – Limitation of liability – No limitation fund constituted – Pre-judgment interest – Rate of interest to award in case where no limitation fund constituted – Costs – Foreign legal practitioner – Convention on the Limitation of Liability for Maritime Claims 1976, article 11 – BVI Merchant Shipping Act 2001, section 404 – BVI Legal Profession Act, section 18(3).
ZURICH INSURANCE CO LTD (TRADING AS NAVIGATORS AND GENERAL) AND OTHERS v HALCYON YACHT CHARTER LLP AND ANOTHER (THE “BIG KAHUNA”)
[2024] 2 Lloyd's Rep 109
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.
KING CRUDE CARRIERS SA AND OTHERS v RIDGEBURY NOVEMBER LLC AND OTHERS
[2024] 2 Lloyd's Rep 115
Contract – Ship sale – Deposit – Cooperation – Deemed fulfilment of conditions precedent – Maxim that a person could not derive a benefit from their own wrong.
KING CRUDE CARRIERS SA AND OTHERS v RIDGEBURY NOVEMBER LLC AND OTHERS
[2024] 2 Lloyd's Rep 140
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.
IVECO SPA AND OTHERS v THE SHIP "HÖEGH LONDON"
[2024] 2 Lloyd's Rep 163
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).
LIPTON AND ANOTHER v BA CITYFLYER LTD CIVIL AVIATION AUTHORITY INTERVENING
[2024] 2 Lloyd's Rep 167
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.
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] 2 Lloyd's Rep 215
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] 2 Lloyd's Rep 235
Contracts (bill of lading) – Cargo of cocoa beans deteriorating between discharge and delivery – Carrier's duty of care of cargo – Inherent vice.
AZ v BY
[2024] 2 Lloyd's Rep 269
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] 2 Lloyd's Rep 280
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.
DENVER MARITIME LTD v BELPAREIL AS (THE "KIRAN AUSTRALIA" AND THE "BELPAREIL")
[2024] 2 Lloyd's Rep 323
Admiralty – Collision – Vessel dragging anchor – Presumption of negligence – Fault – Apportionment.
DRAX ENERGY SOLUTIONS LTD v WIPRO LTD
[2024] 2 Lloyd's Rep 349
Contracts – Interpretation of clause – Limitation of liability – Single cap or multiple caps on liability – Meaning of “claim”.
REPUBLIC OF KOREA v ELLIOTT ASSOCIATES LP
[2024] 2 Lloyd's Rep 363
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.
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] 2 Lloyd's Rep 383
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] 2 Lloyd's Rep 404
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] 2 Lloyd's Rep 429
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).
PERUSAHAAN PERSEROAN (PERSERO) PT PERTAMINA v TREVASKIS LTD (THE "STAR CENTURION" AND THE "ANTEA")
[2024] 2 Lloyd's Rep 435
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).
SY RORO 1 PTE LTD AND ANOTHER v ONORATO ARMATORI SRL AND OTHERS
[2024] 2 Lloyd's Rep 446
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.
UNICREDIT BANK GMBH v RUSCHEMALLIANCE LLC
[2024] 2 Lloyd's Rep 466
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).
AITEO EASTERN E&P CO LTD v SHELL WESTERN SUPPLY AND TRADING LTD AND OTHERS
[2024] 2 Lloyd's Rep 489
Arbitration – Serious irregularity – Apparent bias – Significance of disclosure – Waiver – Extension of time – Arbitration Act 1996, sections 68, 70 and 80.
KUVERA RESOURCES PTE LTD v JPMORGAN CHASE BANK NA
[2024] 2 Lloyd's Rep 539
Contracts – Letters of credit – Contract formation – Contract terms – Interpretation of sanctions clause – Letter of credit transaction between confirming bank and beneficiary – Unilateral contract.
SOUTHEASTER MARITIME LTD v TRAFIGURA MARITIME LOGISTICS PTE LTD (THE MV "AQUAFREEDOM")
[2024] 2 Lloyd's Rep 556
Charterparty (time) – Fixture – Recap – Negotiations – Terms – Review clause – Subjects – Counter-offers – WhatsApp messages – Summary judgment.
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] 2 Lloyd's Rep 576
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.
LITASCO SA v DER MOND OIL AND GAS AFRICA SA AND ANOTHER
[2024] 2 Lloyd's Rep 593
Contract – Negotiations – Payment of contract debt – Force majeure clause – Trade sanctions clause – Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855) – Summary judgment.
MERCURIA ENERGY TRADING PTE v RAPHAEL COTONER INVESTMENTS LTD (M/T "AFRA OAK")
[2024] 2 Lloyd's Rep 609
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.
UNICREDIT BANK AG v GLENCORE SINGAPORE PTE LTD
[2024] 2 Lloyd's Rep 624
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.