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THE “BOW SPRING” AND THE “MANZANILLO II”

[2005] 1 Lloyd's Rep. 1

Negligent navigation - Putting by - Claimants’ chemical tanker proceeding northbound in Suez Canal northern by-pass channel - Allegation by claimants that defendants’ dredger to starboard appeared to be shaping to enter channel - Claimants’ vessel deliberately grounded in order to avoid risk of collision with dredger - Whether dredger at fault - Whether fault contributed to grounding - Apportionment - Observations on practice of putting questions to nautical assessors.

SAUDI ARABIAN MONETARY AGENCY v. DRESDNER BANK A.G.

[2005] 1 Lloyd's Rep. 12

Banking - Customer requesting defendant bank to transfer funds to another bank - Defendant blocking part of funds - Defendant arguing that it was owed money by organizations associated with customer - Whether defendant entitled to block funds on strength of arguable case that customer was nominee for another debtor - Effect of customer admitting that it was not beneficial owner - Application of Bhogal v. Punjab National Bank.

ALPHAPOINT SHIPPING LTD. v. ROTEM AMFERT NEGEV LTD. AND ANOTHER THE “AGIOS DIMITRIOS”

[2005] 1 Lloyd's Rep. 23

Arbitration - Award - Demurrage dispute referred to arbitration - Award in favour of charterers - Shipowners applied for leave to appeal on question of law and for remission on ground of serious irregularity - Observations on relationship between applications under Arbitration Act, 1996, ss. 69 and 68.

INDESCON LTD. v. OGDEN

[2005] 1 Lloyd's Rep. 31

Arbitration - Appointment of arbitrator - Construction contract - Contractor served notice of arbitration in 1992 but no arbitrator agreed or appointed - Contractor served second notice of arbitration in 2000 without prejudice to validity of first notice - Contractor applied for appointment of arbitrator in 2002 - Whether right to apply for appointment of arbitrator under 1992 notice had lapsed by effluxion of time - Whether implied term that application to appoint arbitrator had to be made within a reasonable time of notice to arbitrate - Whether contractor had abandoned 1992 notice - Whether contractor in repudiatory breach of arbitration agreement.

MAZUR MEDIA LTD. v. MAZUR MEDIA G.M.B.H.

[2005] 1 Lloyd's Rep. 41

Conflict of laws - Insolvency - Contract for shareholding in record company - Company to deliver all recordings to buyer - Exclusive jurisdiction clause nominating English Courts - Company subsequently assigned copyright in recordings to claimant - Company becoming insolvent - Whether English Court had jurisdiction over dispute as to ownership of recordings - Jurisdiction in insolvency proceedings - Whether harmful event occurring in England - European Council Regulation 44/2001, arts. 5(3) and 23 - Insolvency Act, 1986, s. 130(2).

JINDAL IRON AND STEEL CO. LTD. AND OTHERS v. ISLAMIC SOLIDARITY SHIPPING CO. JORDAN INC. (THE JORDAN II)

[2005] 1 Lloyd's Rep. 57

Bill of lading - Art. III, r. 2 - Construction - Damage to cargo - Allegation damage caused by defective loading, stowage or discharge - Whether rule imposed obligation to properly and carefully load, stow or discharge - Meaning and effect of art. III, r. 2 of the Hague-Visby Rules - Whether contractual provision transferring responsibility for handling, stowing and discharging cargo invalidated by art. III, r. 8. House of Lords - Judicial precedent - Whether House should depart from longstanding decision on interpretation of art. III, r. 2 of Hague Rules.

THROUGH TRANSPORT MUTUAL INSURANCE ASSOCIATION (EURASIA) LTD. v. NEW INDIA ASSURANCE CO. LTD.

[2005] 1 Lloyd's Rep. 67

Insurance - Arbitration - Carriage of goods from Calcutta to Moscow - Goods lost in transit - Loss paid by owner’s insurers and cause of action assigned to insurers - Claim by insurers against carriers - Carriers becoming insolvent - Judicial proceedings brought by insurers against carriers’ P&I Club in Finland - Whether insurers bound by arbitration clause in contract between carriers and P&I Club - Whether anti-suit injunction should be granted - European Council Regulation 44/2001, art. 1.2(d).

THE OWNERS, MASTERS AND CREWS OF THE TUGS “MARIDIVE VII”, “MARIDIVE XIII”, “MARIDIVE 85” AND “MARIDIVE 94” v. THE OWNERS AND DEMISE CHARTERERS OF THE OIL RIG “KEY SINGAPORE”, HER EQUIPMENT, STORES AND BUNKERS

[2005] 1 Lloyd's Rep. 91

Salvage - Remuneration - Assessment of award - Tug and tow - Jack up rig - Tow imperilled by severe weather conditions - Tugs providing services to tow - Whether services constituted salvage - Whether situation of danger brought about by fault of tugs - Whether tugs precluded from claiming salvage remuneration - Tugs and tow jointly at fault in failing to heave to in due time - Apportionment of liability as between tugs and tow - International Salvage Convention, 1989, art. 18.

LAEMTHONG INTERNATIONAL LINES CO. LTD. v. ARTIS AND OTHERS

[2005] 1 Lloyd's Rep. 100

Practice - Freezing injunction - Discharge - Judge refusing without notice application for freezing injunction - Applicant not appealing to Court of Appeal - Whether applicant entitled to renew application before another judge - Whether applicant showed good arguable case - Whether applicant failed to disclose material facts - Whether injunction should be discharged.

CONCORD TRUST v. LAW DEBENTURE TRUST CORPORATION PLC

[2005] 1 Lloyd's Rep. 113

Issue of bonds by defendant under trust deed - Issue guaranteed by defendant’s parent company - Terms of issue allowing defendant to give notice to accelerate redemption of bond in case of “event of default” - Bond holders alleging that event of default had occurred - Defendant only prepared to give notice if given indemnity from claim by guarantor - Whether giving of notice in absence of event of default would be ineffective or would amount to breach of contract with guarantor.

SOUTH CARIBBEAN TRADING LTD. v. TRAFIGURA BEHEER BV

[2005] 1 Lloyd's Rep. 128

Contract - Sale of fuel oil - Whether implied term that fuel oil should consist of components supplied by buyer under separate contract - Whether contract varied so as to extend delivery date - Whether buyer estopped from denying extension of delivery date - Whether buyer in repudiatory breach - Whether repudiation accepted by seller.

ZEBRARISE LTD. AND ANOTHER v. DE NIEFFE

[2005] 1 Lloyd's Rep. 154

Conflict of laws - Proper law of contract - Loan agreement concluded orally in Switzerland - Parties failed to express governing law - Whether proper law English or Belgian - Whether claim for repayment of loan statute barred.

COMMISSIONERS FOR CUSTOMS AND EXCISE v. BARCLAYS BANK PLC

[2005] 1 Lloyd's Rep. 165

Banking - Freezing injunction imposed on account holder’s assets to secure arrears of Value Added Tax - Bank erroneously making payments out of accounts - Commissioners obtaining judgment against account holders - Whether Bank owed duty of care to Commissioners.

MORE OG ROMSDAL FYLKESBATAR A.S. v. THE DEMISE CHARTERERS OF THE SHIP “JOTUNHEIM”

[2005] 1 Lloyd's Rep. 181

Charter-party (Demise) - Hire-Purchase agreement - Late payment of hire - Withdrawal of vessel - Whether withdrawal valid - Whether owners waived right of withdrawal - Whether charterers entitled to relief from forfeiture - Barecon 89 form.

VEE NETWORKS LTD. v. ECONET WIRELESS INTERNATIONAL LTD

[2005] 1 Lloyd's Rep. 192

Arbitration - Jurisdiction - Doctrine of separability - Dispute arising under Technical Support Agreement - Claim brought in arbitration - Allegation that Agreement ultra vires and void - Arbitrator ruling that Agreement valid - Whether jurisdiction of arbitrator could be challenged - Arbitrator taking into account an argument not raised before him - Whether award tainted by serious irregularity - Arbitration Act, 1996, ss. 7, 30, 31, 33, 67, 68 and 73.

MÆRSK OLIE AND GAS A/S v. FIRMA M DE HAAN AND W DE BOER

[2005] 1 Lloyd's Rep. 210

Shipping - Conflict of laws - Establishment of limitation fund in Netherlands by shipowners following damage to oil and gas pipelines in North Sea - Subsequent action against shipowners in Denmark - Whether Danish court had jurisdiction to entertain proceedings - Relationship between International Convention relating to the Limitation of the Liability of Owners of Sea-Going Ships, 1957 and Brussels Convention, 1968.

PETROMEC INC. v. PETROLEO BRASILEIRO S.A. PETROBAS

[2005] 1 Lloyd's Rep. 219

Insurance (marine) - Agreement between numerous parties to upgrade semi-submersible oil production platform - Platform lost following explosion and fire - Allocation of insurance proceeds amongst interested parties - Whether company appointed to upgrade platform retained title to materials and equipment - Passing of property in a contract for work and materials.

CONTIGROUP COMPANIES, INC. v. GLENCORE A.G.

[2005] 1 Lloyd's Rep. 241

Sale of goods - Late delivery - Damages - Sale of butane gas - Buyers settling sub-buyers’ claim - Whether settlement reasonable - Whether buyers entitled to recover loss under sub-sale as damages for breach of sale contract.

O.T. AFRICA LINE LTD. v. MAGIC SPORTSWEAR CORPORATION AND OTHERS

[2005] 1 Lloyd's Rep. 252

Bill of lading - Exclusive jurisdiction clause - Conflict of laws - Stay of action - Anti-suit injunction - Dispute between carrier and insurers of cargo - Proceedings commenced in Canada by cargo interests in breach of English jurisdiction clause - Proceedings subsequently commenced in England by carrier against cargo interests and insurers - Whether service out of jurisdiction against cargo insurers should be set aside - Whether action against cargo interests should be stayed - Whether anti-suit injunctions should be granted.

LAURITZENCOOL A.B. v. LADY NAVIGATION INC.

[2005] 1 Lloyd's Rep. 260

Practice - Injunction - Arbitration - Charter-party (Time) - Vessels chartered for 10-year periods for service in pool of reefer vessels - Owners seeking to withdraw vessels early on basis of alleged illegal cartel - Charterers seeking interim injunction preventing withdrawal of vessels pending arbitration of disputes - Whether injunction would amount to decree of specific performance - Whether injunction should be granted.

ODFJFELL SEACHEM A/S v. CONTINENTALE DES PETROLES ET D’INVESTISSEMENTS AND ANOTHER

[2005] 1 Lloyd's Rep. 275

Charter-party (Voyage) - Repudiatory breach by charterers - Whether charterers entitled to rely on limitation defence - Damages - Whether owners entitled to claim demurrage which would have been earned after repudiation - Date of commencement of laytime - Probable speed of contractual voyage - Whether owners entitled to summary judgment.

KRONHOFER v. MAIER Case C-168/02

[2005] 1 Lloyd's Rep. 284

Jurisdiction - Tort - Place where harmful event occurred - Claimant in Austria induced by telephone call from Germany to invest in Germany - Assets held in Austria used for the investment - Claimant suffering loss by alleged misrepresentation - Whether action could be brought in Austria - Brussels Convention 1968, art. 5(3).

DUMFORD TRADING A.G. v. OAO ATLANTRYBFLOT

[2005] 1 Lloyd's Rep. 289

Contract - Guarantee - Dispute as to identity of guarantor - Whether misnomer - Whether extrinsic evidence admissible - Whether defendant estopped by convention - Whether claimant had title to sue - Whether claimant entitled to summary judgment.

COMMERZBANK AKTIENGESELLSCHAFT v. IMB MORGAN PLC AND OTHERS

[2005] 1 Lloyd's Rep. 298

Banking - Competing claims to two accounts held by London branch of German bank - Receipts in accounts mingled and owner not identifiable - Accounts frozen on allegation of money-laundering - Application by bank for interpleader - Identification of ownership of funds - Rule in Clayton’s Case.

BP EXPLORATION OPERATING CO. LTD. v. KVAERNER OILFIELD PRODUCTS LTD.

[2005] 1 Lloyd's Rep. 307

Insurance - Subrogation - Contract to supply equipment to oil platform - Equipment allegedly defective - Claim by operators against suppliers - Operators taking out Construction All Risks insurance - Scope of obligation of operators to insure on behalf of suppliers - Construction of agreement - Whether suppliers immune from subrogation action.

MARGULEAD LTD. v. EXIDE TECHNOLOGIES

[2005] 1 Lloyd's Rep. 324

Arbitration - Challenge to award - Whether award tainted by serious irregularity - Arbitrator prevented claimant’s counsel from making final oral reply - Award failed to give reasons for rejecting claimant’s submission on issue of mutual mistake - Distinction between issue and claim - Arbitration Act, 1996, ss. 68(2)(a), (d) and 72(1).

BRITISH SUGAR PLC v. FRATELLI BABBINI DI LIONELLO BABBINI & CO. SAS AND OTHERS

[2005] 1 Lloyd's Rep. 332

Conflict of laws - Sale of goods involving two Italian parties - Exclusive jurisdiction clause nominating an Italian court - Whether clause affecting claims brought outside Italy - Whether clause binding in the absence of any international dimension - European Council Regulation 44/2001/EC, art. 23.

J. I. MACWILLIAM CO. INC. v. MEDITERRANEAN SHIPPING CO. S.A. (THE “RAFAELA S”)

[2005] 1 Lloyd's Rep. 347

Bill of lading - Cargo damaged during sea voyage - Dispute as to whether Hague-Visby Rules or U.S. Carriage of Goods by Sea Act, 1936 applicable - Whether straight bill of lading “a bill of lading or any similar document of title” within Hague-Visby Rules, art. I(b) - Whether merely receipt or sea waybill - Carriage of Goods by Sea Act 1971, s. 1(4).

JACKSON v. ROYAL BANK OF SCOTLAND

[2005] 1 Lloyd's Rep. 366

Banking - Letter of credit - Breach of contract - Measure of damages - Loss of opportunity - Bank in breach of confidentiality obligation disclosing to the buyer the profits made by the seller - Termination of contract of sale by buyer - Whether Bank liable to seller for loss of future profits - Duration of period for which damages awardable.

JONES v. GALLAGHER (T/A GALLERY KITCHENS AND BATHROOMS)

[2005] 1 Lloyd's Rep. 377

Sale of goods - Supply of kitchen - Sale by description - Units supplied did not match colour of existing fittings - Whether claimants had lost right to reject goods - Supply of Goods and Services Act, 1982, s. 4 - Sale of Goods Act, 1979, s. 35.

MITSUBISHI CORPORATION v. EASTWIND TRANSPORT LIMITED AND OTHERS (THE “IRBENSKIY PROLIV”)

[2005] 1 Lloyd's Rep. 383

Bill of lading - Exclusion clause providing that carriers not responsible for damage to goods however caused - Goods allegedly damaged in course of voyage - Whether exclusion clause valid - Proper construction of clause - Whether clause extending to loss or damage resulting from dishonesty or deliberate conduct of carriers.

FRONTIER INTERNATIONAL SHIPPING CORP. v. SWISSMARINE CORPORATION INC. AND ANOTHER (THE “CAPE EQUINOX”)

[2005] 1 Lloyd's Rep. 390

Charter-party (Voyage) - Demurrage - Strike clause - Construction - Strike taking place during discharge of cargo - Whether strike clause operated so as to interrupt laytime.

KASTNER v. JASON

[2005] 1 Lloyd's Rep. 397

Arbitration - Agreement by parties for arbitration to be conducted by a Beth Din under Jewish law - Arbitrator imposing freezing injunction on defendant’s property - Caution registered by claimant - Property sold by defendant prior to award - Whether purchasers of property entitled to have caution vacated - Whether arbitrators had power to grant freezing injunction - Effect of injunction on property - Whether award operated retrospectively to create security interest - Arbitration Act, 1996, ss. 39 and 48.

C. V. SCHEEPVAARTONDERNEMING FLINTERMAR v. SEA MALTA COMPANY LIMITED (THE “FLINTERMAR”)

[2005] 1 Lloyd's Rep. 409

Charter-party (Time) - Chief Officer of vessel injured while closing hatch - Owners seeking indemnification from charterers for settlement with Chief Officer - Whether owners or charterers responsible for hatch operations during loading and unloading of cargo.

WORLD TRADE CORPORATION v. C CZARNIKOW SUGAR LTD

[2005] 1 Lloyd's Rep. 422

Arbitration - Weighing of evidence - Allegation that arbitrator failed to take account or give proper weight to evidence - Whether capable of correction under slip rule - Whether serious irregularity - Arbitration Act, 1996, ss. 57(3), 68(2)(d) and 70(2).

ACTION NAVIGATION INC. v. BOTTIGLIERE DI NAVIGAZIONE S.p.A. (THE “KITSA”)

[2005] 1 Lloyd's Rep. 432

Charter-party (Time) - Vessel chartered by owners and then sub-chartered for time chartered trip - Discharge of cargo delayed and bottom of vessel became fouled - Whether owners had agreed to run risk of fouling - Whether vessel off-hire during time spent de-fouling hull - Whether arbitrators’ decision correct in law - Arbitration Act, 1996, s. 69.

GOLDEN STRAIT CORPORATION v. NIPPON YUSEN KUBISHIKA KAISA (THE “GOLDEN VICTORY”)

[2005] 1 Lloyd's Rep. 443

Charter-party (Time) - Damages - Each party having right to cancel charter in event of war between U.K. and Iraq - Charter-party to terminate in 2005 - Repudiation of charterparty by charterers in 2001 - War breaking out in 2003 - Owner’s measure of damages - Whether damages ran from date of repudiation to outbreak of war in 2003 or from date of repudiation to later date on which charter-party due to terminate - Appeal against award of arbitrator - Arbitration Act, 1996, s. 69.

OWUSU v. JACKSON

[2005] 1 Lloyd's Rep. 452

Conflict of laws - Claimant injured in accident in Jamaica - Action brought against defendant domiciled in England - English Court had jurisdiction under art. 2 of the Brussels Convention - Whether English Court had power to stay proceedings where no other Contracting State court involved.

SIRIUS INTERNATIONAL INSURANCE CO. (PUBL) v. FAI GENERAL INSURANCE LTD

[2005] 1 Lloyd's Rep. 461

Reinsurance - Agreement for fronting arrangement supported by back-to-back retrocession - Reinsurers requiring letter of credit - Agreement that no draw down was possible until retrocessionaires agreed that reinsurers should pay a claim - Dispute between parties resolved by Tomlin order - Whether Tomlin order amounted to agreement that reinsurers should pay a claim - Whether reservation of rights in Tomlin order in relation to letter of credit overrode right to recover under letter of credit following agreement that payment should be made.

DATEC ELECTRONIC HOLDINGS LIMITED AND ANOTHER v. UNITED PARCELS SERVICE LIMITED AND ANOTHER

[2005] 1 Lloyd's Rep. 470

Carriage of goods by road - Consignment of goods to be carried from England to The Netherlands - Goods failing to arrive - Claim against carriers - Amount of liability - Whether U.S.$50,000 restriction on damages incorporated into contract - Whether loss caused by wilful misconduct of carriers’ employee - Convention on the Contract for the International Carriage of Goods by Road (CMR), arts. 17 and 23.

LUMBERMAN’S MUTUAL CASUALTY CO. v. BOVIS LEND LEASE LTD

[2005] 1 Lloyd's Rep. 494

Insurance (construction professional liability policy) - Assured reaching a settlement with third party - Settlement encompassing claims and counterclaims - No allocation for amount of assured’s liability - Whether assured’s liability had been ascertained - Whether insuring clause applied only to negligence - Whether assured could recover in respect of breach of warranty of construction contract.

NB THREE SHIPPING LTD. v. HAREBELL SHIPPING LTD

[2005] 1 Lloyd's Rep. 509

Arbitration - Charterparty - Dispute resolution clause requiring charterer to sue in England but conferring on owner right to elect to go to arbitration - Whether valid arbitration clause - Whether owner had right to go to arbitration after judicial proceedings commenced by charterer - Arbitration Act 1996, s. 9.

SVENSKA PETROLEUM EXPLORATION A.B. v. GOVERNMENT OF THE REPUBLIC OF LITHUANIA AND ANOTHER

[2005] 1 Lloyd's Rep. 515

Arbitration - Recognition and enforcement of foreign awards - Award given against defendant State - Application by claimants to enforce award in England - Defendant arguing that arbitrators had no jurisdiction but participating in arbitration after adverse ruling on jurisdiction - Whether award should be recognized - Significance of defendant’s participation in the arbitral proceedings - Issue estoppel - Arbitration Act, 1996, ss. 73(2) and 103.

ASSIMINA MARITIME LIMITED v. PAKISTAN SHIPPING CORPORATION AND ANOTHER (THE “TASMAN SPIRIT”)

[2005] 1 Lloyd's Rep. 525

Arbitration - Dispute as to cause of grounding of vessel - Shipowners seeking disclosure of independent report on depth of harbour - Whether Court had jurisdiction to order disclosure or to order attendance of author of report - Arbitration Act, 1996, ss. 43 and 44.

ST SHIPPING & TRANSPORT INC. v. VYZANTIO SHIPPING LTD. (THE “BYZANTIO”) [2004] EWHC 3339 (Comm)

[2005] 1 Lloyd's Rep. 531

Practice - Claim form - Judgment entered in default of acknowledgement of service - Application to set aside - Claimant charterers applying without notice for extension of time for service of claim form out of jurisdiction - Claim form served on defendant shipowner in Malta - Defendant not aware of service until after default judgment entered - Whether Court had jurisdiction to extend time for service - Whether extensions should have been granted - Whether default judgment should be set aside.

ARAB NATIONAL BANK v. EL-ABDALI

[2005] 1 Lloyd's Rep. 541

Arbitration - Award obtained against applicant by defendant - Application to set award aside for lack of jurisdiction - Whether defendant’s solicitors validly served - Whether seat of arbitration in England - Whether publication of award could be restrained - Whether award obtained by fraud - Arbitration Act 1996, s. 72.

THOR NAVIGATION INC. v. INGOSSTRAKH INSURANCE

[2005] 1 Lloyd's Rep. 547

Insurance (marine, hull and machinery) - Constructive total loss of insured vessel - Measure of indemnity - Whether policies valued or unvalued - Whether policies should be rectified - Whether insurers were estopped from denying that policies were valued - Insurable value - Marine Insurance Act, 1906, ss. 16, 27, 28 and 68.

BORGSHIP TANKERS INC. v. PRODUCT TRANSPORT CORPORATION LTD. (THE “CASCO”)

[2005] 1 Lloyd's Rep. 565

Arbitration - Limitation of time - Shelltime 4 form - Charterers alleging breaches of charter by owners and claiming loss of freight and wasted bunkers resulting from cancellation of sub-charter - Whether claims “in connection with cargo” - Whether claims subject to one year time limit in art. III, r. 6 of Hague-Visby Rules.

HAUGLAND TANKERS A.S. v. RMK MARINE GEMI YAPIM SANAYII ve DENIZ TASŞIMACILIGğI ISŞLETMESI A.S.

[2005] 1 Lloyd's Rep. 573

Contract - Option agreement - Buyer having option to buy sister ship from shipbuilders - Option agreement required payment of commitment fee simultaneously with declaration of option - Buyer declaring option without paying commitment fee - Whether option validly exercised.

THE BURNS-ANDERSON INDEPENDENT NETWORK PLC v. FRANCIS HENRY WHEELER

[2005] 1 Lloyd's Rep. 580

Practice - Claim form - Application to strike out - Claimant operating network of independent financial advisers - Claimant wishing to bring proceedings against defendant in relation to pensions mis-selling - Whether claim form validly served on defendant in France at “last known residence” - Whether defendant waived right to contest jurisdiction.

NURNBERGER ALLGEMEINE VERSICHERUNGS A.G. v. PORTBRIDGE TRANSPORT INTERNATIONAL B.V.

[2005] 1 Lloyd's Rep. 592

Carriage of goods - Conflict of laws - Jurisdiction - Goods taken over in Germany and subsequently lost - Action brought in Germany - Whether German court possessed jurisdiction - Brussels Convention, arts. 20 and 57 - CMR Convention, art. 31.

HEATH LAMBERT LTD. v. SOCIEDAD DE CORRETAJE DE SEGUROS

[2005] 1 Lloyd's Rep. 597

Reinsurance - Marine - Placing broker paying premium to reinsurers - Claim by placing broker against producing broker and reinsured for reimbursement - Running of time for making of claim - Whether action accrued when risk incepted or at end of 90-day credit period granted by reinsurers for payment of premium - Limitation Act, 1980, s. 5 - Marine Insurance Act, 1906, s. 53.

SUN LIFE ASSURANCE COMPANY OF CANADA AMERICAN PHOENIX LIFE AND REASSURANCE CO. PHOENIX HOME LIFE MUTUAL INSURANCE CO. v. LINCOLN NATIONAL LIFE INSURANCE CO.

[2005] 1 Lloyd's Rep. 606

Arbitration - Error of law - Reinsurance - Arbitrators in first arbitration holding that reinsurers were entitled to avoid reinsurance agreement and that but for avoidance the reinsurance was applicable - Arbitrators in second arbitration holding that first arbitrators had not dealt with coverage issue and held that reinsurance was not applicable - Whether arbitrators in second arbitration had erred in law by misinterpreting award in first arbitration - Whether error of law relating to formation of reinsurance agreement - Whether serious irregularity in accepting undertaking of counsel that full disclosure had been made - Arbitration Act, 1996, ss. 68 and 69.

LAEMTHONG INTERNATIONAL LINES CO. LTD. v. ARTIS AND OTHERS (THE “LAEMTHONG GLORY”) (No. 2)

[2005] 1 Lloyd's Rep. 632

Contract - Contracts (Rights of Third Parties) Act, 1999 - Charterers entitled to require vessel to discharge cargo against letter of indemnity - Charterers required vessel to discharge cargo against letters of indemnity provided by themselves and by cargo receivers - Receivers’ letter of indemnity addressed to charterers and not shipowners - Whether shipowners entitled to enforce receivers’ letter of indemnity against receivers under 1999 Act - Whether shipowners entitled to specific performance.

THYSSEN CANADA LIMITED v. MARIANA MARITIME S.A. AND ANOTHER (THE “MARIANA”)

[2005] 1 Lloyd's Rep. 640

Arbitration - Award - Application to set aside - Cargo damaged by fire in hold - Dispute referred to arbitration - Arbitrators found in favour of shipowners on basis that fire had started accidentally and shipowners had exercised due diligence - Cargo owners challenged award out of time and relied on fresh evidence to allege that crew had given false evidence and that fire had been started deliberately - Whether award should be set aside or remitted as being obtained by fraud or procured contrary to public policy - Whether cargo owners had lost right to object - Whether time for application should be extended - Whether abuse of process - Proper approach to admission of fresh evidence - Arbitration Act, 1996, ss. 68(2)(g), 70(3) and 73.

KING v. BRANDYWINE REINSURANCE CO.

[2005] 1 Lloyd's Rep. 655

Reinsurance - General Corporate Excess policy by Exxon and affiliates - Oil pollution following grounding of Exxon Valdez - Assureds incurring clean-up costs and liability - Settlement of claims by insurers - Whether insurers proving liability at law - Law applicable to GCE policy - Effect of arbitration and service of suit clauses - Whether oil spill amounted to “debris” - Effect of “notwithstanding” clause.

LAEMTHONG INTERNATIONAL LINES COMPANY LTD. v. ARTIS AND OTHERS (THE “LAEMTHONG GLORY”) (No. 2)

[2005] 1 Lloyd's Rep. 688

Contract - Contracts (Rights of Third Parties) Act, 1999 - Charterers entitled to require vessel to discharge cargo against letter of indemnity - Charterers required vessel to discharge cargo against letters of indemnity provided by themselves and by cargo receivers - Receivers’ letter of indemnity addressed to charterers and not shipowners - Whether shipowners entitled to enforce receivers’ letter of indemnity against receivers under 1999 Act.

THE “GLOBAL MARINER” AND “ATLANTIC CRUSADER”

[2005] 1 Lloyd's Rep. 699

Collision - Vessel at anchor - Vessel leaving berth colliding with anchored vessel in River Orinoco - Whether anchorage position unsafe - Whether anchored vessel at fault in failing to control yaw and sway - Whether underway vessel at fault in failing to ascertain accurate position of anchored vessel, in failing to keep proper lookout, and in the conduct of unberthing manoeuvre - Whether anchored vessel or underway vessel wholly to blame.

Lloyd's Law Reports