i-law.com

ADM ASIA-PACIFIC TRADING PTE LTD v PT BUDI SEMESTA SATRIA

[2017] Lloyd's Rep. Plus 1

Arbitration – Anti-suit injunction – Whether applicant guilty of delay – Discretion of court – Comity.

SAGA CRUISES BDF LTD AND ANOTHER v FINCANTIERI SPA (FORMERLY FINCANTIERI CANTIERI NAVALI ITALIANI SPA) (THE “SAGA SAPPHIRE”)

[2017] Lloyd's Rep. Plus 2

Contracts – Shipbuilding – Dry docking – Engine failure following refit – Liability – Assignment – Assignee recovering for losses not suffered by assignor.

EMMOTT v MICHAEL WILSON & PARTNERS LTD

[2017] Lloyd's Rep. Plus 3

Arbitration - Anti-suit injunction - Cause of action estoppel - Issue estoppel - Abuse of process - Senior Courts Act 1981, section 37.

A v B

[2017] Lloyd's Rep. Plus 4

Arbitration - Assignment of arbitration clause - International Chamber of Commerce Arbitration Rules - Arbitration Act 1996, sections 30, 67, 68 and 73.

YEGIAZARYAN v SMAGIN

[2017] Lloyd's Rep. Plus 5

Arbitration - Jurisdiction - Whether clause constituted valid arbitration agreement - Application to Court of Appeal to add additional ground of appeal - Arbitration Act 1996, section 67.

STAR POLARIS LLC v HHIC-PHIL INC (THE "STAR POLARIS")

[2017] Lloyd's Rep. Plus 6

Contract - Shipbuilding contract - Builder guaranteeing defects for period of 12 months after delivery - Contract excluding liability for consequential losses - Vessel suffering serious engine failure - Whether buyer entitled to recover for diminution in value of vessel.

WW PROPERTY INVESTMENTS LTD v NATIONAL WESTMINSTER BANK PLC

[2017] Lloyd's Rep. Plus 7

Banking - Interest Rate Swaps - Wager - Manipulation of LIBOR - Duty of care - Gaming Act 1845, section 18 - Gambling Act 2005, sections 9 and 10 - Financial Services and Markets Act 2000, section 22 - Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001 No 544), articles 3, 14 and 85.

MUR JOINT VENTURES BV v COMPAGNIE MONEGASQUE DE BANQUE

[2017] Lloyd's Rep. Plus 8

Banking - Guarantee - Bank issuing demand guarantee to claimant in respect of joint operations agreement - Claimant making demand under guarantee - Whether demand had to include statement of authentication of powers of signatory - Whether demand defective because not signed by authorised representatives of claimant acting jointly - Whether demand invalid for not being sent by registered mail.

BANCO SANTANDER TOTTA SA v COMPANHIA CARRIS DE FERRO DE LISBOA SA AND OTHERS

[2017] Lloyd's Rep. Plus 9

Banking - Interest Rate Swaps - Applicable law - Express choice of law - Restriction for mandatory rules - Meaning of all the other elements relevant to the situation - Whether article 437 of Portuguese Civil Code constituted mandatory rules - Rome Convention 1980, article 3(3).

TRANSGRAIN SHIPPING (SINGAPORE) PTE LTD v YANGTZE NAVIGATION (HONG KONG) CO LTD (THE MV "YANGTZE XING HUA")

[2017] Lloyd's Rep. Plus 10

Charterparty (Time) - NYPE Inter-Club Agreement 1996, clause 8(d) - Whether "act" requires fault.

OLDENDORFF GMBH & CO KG v SEA POWERFUL II SPECIAL MARITIME ENTERPRISES (THE "ZAGORA")

[2017] Lloyd's Rep. Plus 11

Agency - Letter of indemnity providing for cargo to be delivered to named person without production of bills of lading - Cargo discharged into possession and control of nominated agent - Whether agent acting for person named in LOI - Whether cargo delivered to person named in LOI.

MICHAEL WILSON & PARTNERS LTD v SINCLAIR AND OTHERS

[2017] Lloyd's Rep. Plus 12

Arbitration - Abuse of process - Effect of earlier arbitration award on later legal proceedings involving a different party - Whether principle of abuse of process applied to earlier arbitration award.

SILVER DRY BULK CO LTD v HOMER HULBERT MARITIME CO LTD

[2017] Lloyd's Rep. Plus 13

Arbitration - Application for an order where appointment procedure for the tribunal had failed - Application for order for a third party witness statement - Application for letter of request to foreign court for production of evidence - Arbitration Act 1996, sections 18, 43 and 44.

DTEK TRADING SA v MOROZOV AND ANOTHER

[2017] Lloyd's Rep. Plus 14

Arbitration - Orders against third parties - Jurisdiction of court to give permission for service outside the jurisdiction - Arbitration Act 1996, section 44 - Civil Procedural Rules, rule 62.5.

BITUMEN INVEST AS v RICHMOND MERCANTILE LTD FZC

[2017] Lloyd's Rep. Plus 15

Banking - Guarantee - Summary judgment - Whether deed of guarantee was an "on demand" guarantee - Whether owners entitled to summary judgment.

WOOD AND ANOTHER v TUI TRAVEL PLC T/A FIRST CHOICE

[2017] Lloyd's Rep. Plus 16

Supply of goods and services - Claimants contracting with defendant tour operator for provision of "all inclusive" holiday at hotel in Dominican Republic - Claimants suffering from gastroenteritis after consuming food and drink at hotel - Whether consumption of food and drink involved transfer of property - Whether defendant in breach of implied condition that goods supplied would be of satisfactory quality - Supply of Goods and Services Act 1982, section 4(2).

EURO-ASIAN OIL SA v ABILO (UK) LTD AND ANOTHER EURO-ASIAN OIL SA v CREDIT SUISSE AG

[2017] Lloyd's Rep. Plus 17

Banking - Letter of credit - Sale of goods - Letter of indemnity - Contract for sale of gasoil CIF Constanza - Payment to be made against shipping documents or letter of indemnity - Letter of indemnity signed by seller and by seller's bank - Buyer paying price but receiving no product - Buyer suing seller and seller's bank - Whether contract in fact on CIF terms - Whether buyer liable in deceit - Whether seller entitled to damages - Whether sellerâs bank entitled to indemnity or contribution from seller.

FSL-9 PTE LTD AND ANOTHER v NORWEGIAN HULL CLUB (THE “FSL NEW YORK”)

[2017] Lloyd's Rep. Plus 18

Guarantee – P&I Club letter of undertaking – Claimant shipowners seeking court order requiring Club to increase the level of security available under a letter of undertaking – Meaning of phrase “liberty to apply”.

IMS SA AND OTHERS v CAPITAL OIL AND GAS INDUSTRIES LTD

[2017] Lloyd's Rep. Plus 19

Jurisdiction – Forum non conveniens – Summary judgment – Recast Brussels I Regulation, article 25 – Civil Procedure Rules, Parts 11 and 24.

GUNN AND OTHERS v DIAZ AND OTHERS

[2017] Lloyd's Rep. Plus 20

Service out of jurisdiction - Necessary and proper party - Civil Procedure Rules, Part 6, Practice Direction 6B, paras 3.1(9)(a) and 3.1(3) - Regulation 864/2007/EC (Rome II Regulation).

NATIONAL INFRASTRUCTURE DEVELOPMENT CO LTD v BANCO SANTANDER SA

[2017] Lloyd's Rep. Plus 21

Banking – Letter of credit – Bank issuing standby letters of credit in lieu of retention money under construction contract – Bank refusing to honour beneficiary's demands – Beneficiary applying for summary judgment – Test for summary judgment – Whether bank had reasonable prospect of establishing fraud – CPR Part 24.

NAVALMAR UK LTD V KALE MADEN HAMMADDELER SANAYI VE TICARET AS (THE "MV ARUNDEL CASTLE")

[2017] Lloyd's Rep. Plus 22

Charterparty (Voyage) – Laytime – Vessel proceeding to Krishnapatnam and anchoring at location directed by port authority – Whether vessel within port limits – Whether vessel an "arrived ship" – Whether notice of readiness valid.

COMPANIA SUD AMERICANA DE VAPORES SA v HIN-PRO INTERNATIONAL LOGISTICS LTD

[2017] Lloyd's Rep. Plus 23

Dispute resolution Mareva injunctions Comity

COMMERZBANK AKTIENGESELLSCHAFT v LIQUIMAR TANKERS MANAGEMENT INC COMMERZBANK AKTIENGESELLSCHAFT v PAULINE SHIPPING LTD AND ANOTHER

[2017] Lloyd's Rep. Plus 24

Jurisdiction - Asymmetric jurisdictional clause - Brussels Regulation Recast, European Parliament and Council Regulation 1215/2012/EU, articles 25, 29, 30 and 31.

SINGULARIS HOLDINGS LTD v DAIWA CAPITAL MARKETS EUROPE LTD

[2017] Lloyd's Rep. Plus 25

Dishonest assistance with breach of fiduciary duty - Duty of care owed by bank - Whether duty broken - Illegality - Attribution - Contributory negligence - Law Reform (Contributory Negligence) Act 1945.

JOINT STOCK COMPANY "AEROFLOT-RUSSIAN AIRLINES" v LEEDS AND OTHERS

[2017] Lloyd's Rep. Plus 26

Admissibility of evidence – Proof of foreign law – Obiter rulings on Russian law in other proceedings – Civil Evidence Act 1972, section 4.

ALINE TRAMP SA v JORDAN INTERNATIONAL INSURANCE CO THE LONDON STEAM-SHIP OWNERSâ MUTUAL INSURANCE ASSOCIATION LTD v JORDAN INTERNATIONAL INSURANCE CO (THE "FLAG EVI")

[2017] Lloyd's Rep. Plus 27

Practice – Anti-suit injunction – Cargo interests bringing foreign proceedings against shipowners and P&I Club – Bills of lading containing London arbitration clause – Foreign court likely to assert jurisdiction under Hamburg Rules – Whether good reason not to grant anti-suit injunction – Whether P&I Club entitled to injunction on basis of English jurisdiction clause in Club's letter of undertaking – Whether foreign proceedings vexatious and oppressive.

SINOCORE INTERNATIONAL CO LTD v RBRG TRADING (UK) LTD

[2017] Lloyd's Rep. Plus 28

Arbitration – Award – Enforcement – Public policy – Contract for sale of rolled steel coils – Seller presenting forged bills of lading – Buyer bringing arbitration proceedings in China – Arbitrators issuing award in favour of seller – Seller applying to enforce award – Whether enforcement of award contrary to public policy – New York Convention 1958.

MENA ENERGY DMCC v HASCOL PETROLEUM LTD

[2017] Lloyd's Rep. Plus 29

Sale of goods (CFR) – Contract for sale of fuel oil – Cargo rejected by discharge port authorities – Whether parties concluded compromise agreement – Whether seller in breach of contract – Whether parties concluded contract for sale of gasoil – Whether buyer in breach for failing to open letters of credit.

COSTAIN LTD v TARMAC HOLDINGS LTD

[2017] Lloyd's Rep. Plus 30

Arbitration – Stay of proceedings – Whether there was a valid arbitration clause and a dispute within the clause – Whether clause was incapable of being performed by reason of abandonment, repudiation or estoppel – Whether arbitration clause null and void, inoperative or incapable of being performed – Arbitration Act 1996, section 9.

TEEKAY TANKERS LTD v STX OFFSHORE & SHIPBUILDING CO LTD (NO 2)

[2017] Lloyd's Rep. Plus 31

Contract – Option agreement – Claimant having option to purchase additional vessels from defendant shipbuilder – Delivery dates to be "mutually agreed" – Whether option agreement void for uncertainty – Whether defendant repudiated agreement – Estoppel – Privity of interest – Whether defendant estopped from raising arguments on issues determined in previous London arbitrations between defendant and claimant's subsidiary companies – Confidentiality – Whether claimant breached confidentiality of London arbitrations.

PAN OCEANIC CHARTERING INC v UNIPEC UK CO LTD AND ANOTHER

[2017] Lloyd's Rep. Plus 32

Contracts – Conflicts of law – Brokerage fees – Implied in law promise – Tortious interference with contract – New Jersey Law – Regulation 593/2008/EC on the law applicable to contractual obligations (“Rome I”) – Regulation 864/2007/EC on the law applicable to non-contractual obligations (“Rome II”) – Rome Convention – Contracts (Applicable Law) Act 1990.

SU v CLARKSONS PLATOU FUTURES LTD AND ANOTHER

[2017] Lloyd's Rep. Plus 33

Practice – Limitation of time – Claim for damages against brokers of freight forwarding agreement – Allegations of breach of warranty of authority and negligence – Defendants applying for summary judgment on basis that claims time-barred – Date on which causes of action accrued – Date on which claimant acquired relevant knowledge – Limitation Act 1980, section 14A.

IPCO (NIGERIA) LTD v NIGERIAN NATIONAL PETROLEUM CORPORATION

[2017] Lloyd's Rep. Plus 34

Arbitration – Enforcement of award – Award subject to challenge in curial courts – Public policy – Security for the sum outstanding – Arbitration Act 1996, sections 103(3) and 103(5) – CPR 3.1(3) – New York Convention 1958, article III.

ASTOR MANAGEMENT AG AND ANOTHER v ATALAYA MINING PLC AND OTHERS

[2017] Lloyd's Rep. Plus 35

Contract – Sale of interest in mining operation – Deferred Consideration payable when senior debt finance secured – Principle of futility – Whether condition complied with – Obligation to use all reasonable endeavours – Whether obligation void for uncertainty – Implied term of good faith.

PJSC TATNEFT v BOGOLYUBOV AND OTHERS

[2017] Lloyd's Rep. Plus 36

Procedure – Application to strike out – Whether claimant had good arguable case – Worldwide freezing injunction – Whether injunction should be discharged.

THE “MIN RUI”

[2017] Lloyd's Rep. Plus 37

Admiralty jurisdiction – Ship arrest – Ownership of vessel – Beneficial ownership – High Court (Admiralty Jurisdiction) Act (Cap 123, 2001 Rev Ed), section 4(4)(b)(i).

THE “BUNGA MELATI 5”

[2017] Lloyd's Rep. Plus 38

Agency – Agency by estoppel – Apparent authority.

SHAGANG SHIPPING CO LTD (IN LIQUIDATION) v HNA GROUP CO LTD

[2017] Lloyd's Rep. Plus 39

Bribery – Claim under guarantee for the performance of charterparty – Allegation that charterparty procured by bribery and unenforceable – Evidence of bribery allegedly obtained by torture – Whether evidence admissible.

DE WOLF MARITIME SAFETY BV v TRAFFIC-TECH INTERNATIONAL INC

[2017] Lloyd's Rep. Plus 40

Carriage of goods by sea – Deck carriage – Containerised goods carried on deck – Bill of lading silent as to deck carriage – Whether carrier entitled to limit liability under Hague-Visby Rules – Deviation – Schedule 3 of the Marine Liability Act, SC 2001, clause 6.

KYOKUYO CO LTD v AP MØLLER-MAERSK A/S, TRADING AS "MAERSK LINE"

[2017] Lloyd's Rep. Plus 41

Carriage of goods by sea – Package limitation – Containers containing individual frozen tuna loins and bags of frozen tuna parts – Cargo found damaged on receipt – Limitation of liability – Whether Hague or Hague-Visby Rules applied – Whether limitation to be applied to each separate package or unit or by reference to total number of packages or units – Whether relevant package or unit was the container or the individual tuna loins or bags – Whether there was a sufficient enumeration of units for limitation purposes – Hague and Hague-Visby Rules, article IV, rule 5.

CELTIC BIOENERGY LTD v KNOWLES LTD

[2017] Lloyd's Rep. Plus 42

Arbitration – Serious irregularity – Whether respondent guilty of fraud in obtaining award – Extension of time – Extension of time – Arbitration Act 1996, section 68(2)(g).

ALDCROFT v THE INTERNATIONAL COTTON ASSOCIATION LTD

[2017] Lloyd's Rep. Plus 43

Arbitration – Rules of trade association placing limit on acceptance of repeat appointments by an arbitrator and limiting number of active arbitrations in which an arbitrator might be involved – Whether limitations constituted unreasonable restraint of trade – International Cotton Association Ltd.

H v L AND OTHERS

[2017] Lloyd's Rep. Plus 44

Arbitration – Removal of arbitrator – Potential bias – Arbitrator accepting two further appointments – Duty of disclosure – Arbitration Act 1996, sections 24(1)(a) and 33.

TONICSTAR LTD v ALLIANZ INSURANCE PLC AND ANOTHER

[2017] Lloyd's Rep. Plus 45

Arbitration – Reinsurance – Qualification of arbitrator – Whether arbitrator should be removed – Arbitration Act 1996, sections 24 and 30.

MARTIN ENERGY SERVICES LLC v M/V BRAVANTE IX AND OTHERS

[2017] Lloyd's Rep. Plus 46

Insolvency - Bunker supplier seeking to enforce a maritime lien against shipowner - Contract for the supply of bunkers made at the point of delivery - Physical supplier had acquired a maritime lien - Quantum meruit - Interpleader proceedings - Federal Maritime Lien Act, 46 USC paras 31341 to 31343.

CRUISE AND MARITIME SERVICES INTERNATIONAL LTD v NAVIGATORS UNDERWRITING AGENCY LTD (THE "MARCO POLO")

[2017] Lloyd's Rep. Plus 47

Marine insurance – Policy covering charterers' liability – Co-insurance – Cruise cancelled due to outbreak of norovirus – Liability for passengers – Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 – Whether claimant tour company entitled to recover under policy.

NAUTICAL CHALLENGE LTD v EVERGREEN MARINE (UK) LTD (THE "ALEXANDRA 1" AND "EVER SMART")

[2017] Lloyd's Rep. Plus 48

Collision action – Crossing rule – Whether applicable to vessel navigating towards narrow channel – Apportionment of liability.

SAM PURPOSE AS v TRANSNAV PURPOSE NAVIGATION LTD (THE "SAM PURPOSE")

[2017] Lloyd's Rep. Plus 49

Practice – Anti-suit injunction – Defendant arresting vessel and commencing substantive proceedings in foreign court in breach of London arbitration clause – Claimant obtaining ex parte anti-suit injunction against defendant – Defendant applying for judgment in default on substantive claim in foreign court – Defendant subsequently applying to stay its substantive proceedings – Whether defendant should be ordered to discontinue foreign proceedings entirely – Whether injunction should be discharged for material non-disclosure.

THE “STAR QUEST” AND OTHERS

[2017] Lloyd's Rep. Plus 50

Carriage of goods by sea – Bunkers shipped onboard vessels as cargoes for onward delivery – Bills of lading issued by physical bunker suppliers as shippers – Bunker supplier remaining unpaid – Shipowners delivering bunker cargoes without production of bills of lading – Bunker supplier bringing proceedings against shipowners – Whether bills of lading operated as contractual document – Whether document of title – Whether bunker supplier entitled to summary judgment.

PLANTATION HOLDINGS (FZ) LLC v DUBAI ISLAMIC BANK PJSC

[2017] Lloyd's Rep. Plus 51

Banking – Guarantee – Bank taking conditional assignment of leasehold land as security – Bank wrongly enforcing security – Measure of damages – Whether guarantor had suffered loss – Causation.

GARD MARINE & ENERGY LTD v CHINA NATIONAL CHARTERING CO LTD AND ANOTHER; CHINA NATIONAL CHARTERING CO LTD AND ANOTHER v GARD MARINE & ENERGY LTD AND ANOTHER; DAIICHI CHUO KISEN KAISHA v GARD MARINE & ENERGY LTD AND ANOTHER (THE "OCEAN VICTORY")

[2017] Lloyd's Rep. Plus 52

Shipping – Charterparty – Safe port warranty – Insurance – Convention on Limitation of Liability for Maritime Claims 1976 – Merchant Shipping Act 1995, section 185 and schedule 7.

EASTERN EUROPEAN ENGINEERING LTD v VIJAY CONSTRUCTION (PROPRIETARY) LTD

[2017] Lloyd's Rep. Plus 53

Arbitration – Enforcement of foreign award – New York Convention – Security for award following stay of enforcement proceedings – Arbitration Act 1996, sections 101 and 103.

A v B

[2017] Lloyd's Rep. Plus 54

Arbitration – Serious irregularity – Partial award dealing with dispute under contract for sale of goods – Buyers challenging award – Whether serious irregularities affecting tribunal – Arbitration Act 1996, section 68.

GARD SHIPPING AS v CLEARLAKE SHIPPING PTE LTD (THE "ZALIV BAIKAL")

[2017] Lloyd's Rep. Plus 55

Charterparty (Voyage) – Demurrage – Bunkers consumed – Charterparty clause giving liberty to charterers to instruct vessel "to stop and wait for orders" in which event charterer to pay demurrage at escalated rate and value of bunkers consumed – Whether clause applied where vessel waited over 64 days at discharge port after giving notice of readiness.

ASSOCIATED BRITISH PORTS v TATA STEEL UK LTD

[2017] Lloyd's Rep. Plus 56

Arbitration – Validity of arbitration clause – Whether clause void for uncertainty – Stay of judicial proceedings – Arbitration Act 1996, section 9.

ERDENET MINING CORPORATION LLC v ICBC STANDARD BANK PLC AND OTHERS

[2017] Lloyd's Rep. Plus 57

Arbitration – Appeal against award – Lack of jurisdiction – Conditions for order for grant of security – Arbitration Act 1996, sections 7, 67, 68 and 70(7).

OFFSHORE MARINE SERVICES ALLIANCE PTY LTD v LEIGHTON CONTRACTORS PTY LTD AND ANOTHER

[2017] Lloyd's Rep. Plus 58

General average – Liability to contribute – Whether liability limited to owner of benefited cargo – Whether fact that cargo interests were "on risk" in relation to benefited cargo sufficient to establish liability to contribute.

OMV PETROM SA v GLENCORE INTERNATIONAL AG (NO 2)

[2017] Lloyd's Rep. Plus 59

Practice – Costs – Defendant rejecting claimant's Part 36 offer – Claimant beating offer at trial – Part 36 providing for award of enhanced interest on judgment sum and on costs – Whether provisions for enhanced interest entirely compensatory – CPR 36.14(3)(a) and (c).

WILSON TAYLOR ASIA PACIFIC PTE LTD v DYNA-JET PTE LTD

[2017] Lloyd's Rep. Plus 60

Arbitration – Stay of proceedings – Arbitration clause conferring on the respondent the exclusive right to refer disputes to arbitration – Respondent commenced judicial proceedings – Whether appellant entitled to a stay – International Arbitration Act (Singapore), section 6.

MICROSOFT MOBILE OY (LTD) v SONY EUROPE LTD AND OTHERS

[2017] Lloyd's Rep. Plus 61

Practice – Arbitration clause – Service out of jurisdiction – Claimant bringing proceedings claiming damages in tort based on alleged cartel – Whether arbitration clause covered dispute – Whether arbitration clause ineffective under EU law – Whether foreign defendants necessary or proper parties – Whether damage sustained within jurisdiction – Arbitration Act 1996, section 9 – Civil Procedure Rules, Part 6, Practice Direction 6B, paras 3.1(3) and 3.1(9)(a).

FULTON SHIPPING INC OF PANAMA v GLOBALIA BUSINESS TRAVEL SAU (FORMERLY TRAVELPLAN SAU) OF SPAIN (THE "NEW FLAMENCO")

[2017] Lloyd's Rep. Plus 62

Charterparty (Time) – Repudiation – Damages – Time-charterers redelivering vessel early – Owners selling vessel upon repudiation for a greater sum than the value of the vessel at contractual date for redelivery – Whether owners bound to give credit for difference in capital values.

STATI AND OTHERS v THE REPUBLIC OF KAZAKHSTAN

[2017] Lloyd's Rep. Plus 63

Arbitration – Enforcement of awards – Public policy – Allegation of fraud in the arbitration – Effect of ruling of curial court upholding award – Effect of dismissal of defence by another enforcing court – Issue estoppel – Arbitration Act 1996, section 103(3).

BMO v BMP

[2017] Lloyd's Rep. Plus 64

Arbitration – Law applicable to arbitration clause – Separability – Scope of arbitration clause – Loss of right to arbitrate by waiver, repudiation and estoppel.

GLENCORE INTERNATIONAL AG v MSC MEDITERRANEAN SHIPPING CO SA

[2017] Lloyd's Rep. Plus 65

Carriage of goods by sea – Bill of lading providing for bill to be surrendered in exchange for the goods or a "Delivery Order" – Carrier providing shipper's agents with "Release Note" containing PIN code – Whether "Release Note" was a "Delivery Order" – Goods misappropriated – Whether carrier in breach of contract.

SMITH v ALL OTHER PERSONS CLAIMING TO BE OR OTHER INTERESTED IN THE MV "ROSS REVENGE"

[2017] Lloyd's Rep. Plus 66

Admiralty jurisdiction – Claim to ownership of vessel – Whether vessel abandoned by previous owners – Whether claimant became owner of vessel – Senior Courts Act 1981, section 20.

ING BANK NV AND OTHERS v CANPOTEX SHIPPING SERVICES LTD AND OTHERS

[2017] Lloyd's Rep. Plus 67

Practice – Interpleader – Liability for payment of supply of bunkers following collapse of OW Bunker Group – Entitlement to trust funds deposited by party seeking to interplead.

ELENI MARITIME LTD v HEUNG-A SHIPPING CO LTD AND OTHERS

[2017] Lloyd's Rep. Plus 68

Limitation of liability – Court granting limitation decree and specifying time limit for filing of claims – Plaintiff constituting limitation fund – Claimants seeking to make claims after expiry of court-imposed time limit but within statutory two-year time limit for enforcing claim or lien against vessel – Whether claims time-barred – Whether claimants entitled to extension of time – Merchant Shipping (Collision Damage Liability and Salvage) Ordinance, Cap 508 – Rules of High Court, Order 75.

AFRICAN EXPORT-IMPORT BANK AND OTHERS v SHEBAH EXPLORATION & PRODUCTION CO LTD AND OTHERS

[2017] Lloyd's Rep. Plus 69

Banking – Contracts – Terms and conditions – Parties entering into a Facility Agreement – Use of industry standard terms – Whether parties contracting on the claimants' written standard terms of business – Applicability of section 3 of the Unfair Contract Terms Act 1977.

FLOATA CONSOLIDATION LTD v MAN LEE HING (HONG KONG) VEHICLES LTD AND OTHERS (THE “FLOATA 97”)

[2017] Lloyd's Rep. Plus 70

Admiralty practice – Limitation of liability – Cargo lost as a result of crew members’ actions – Whether crew members’ alleged reckless conduct to be regarded as personal act or omission of shipowner so as to preclude right to limit liability.

HOWELLS v BRITISH AIRWAYS PLC

[2017] Lloyd's Rep. Plus 71

Carriage by air – Claimant sustaining personal injury when tripping over baggage scales at airport – Whether injury caused by "accident" – Whether incident occurred during course of embarking – Whether claimant contributorily negligent – Montreal Convention 1999, article 17.

THE "POSIDON" AND ANOTHER MATTER

[2017] Lloyd's Rep. Plus 72

Admiralty Practice – Priorities – Whether mortgagee or necessaries supplier should have priority on proceeds of sale of vessel – Whether special circumstances existed to disturb established order of priorities.

GARCIA v BIH (UK) LTD AND OTHERS

[2017] Lloyd's Rep. Plus 73

Practice – Service of proceedings out of jurisdiction – Claimant diver suffering personal injuries working off Gabon – Claimant bringing proceedings in contract and in tort against English employer and also against Gabon company – Whether Gabon company was a "necessary or proper party" – Whether permission to serve out should be set aside – Whether claim against Gabon company should be stayed on forum non conveniens grounds – Civil Procedure Rules, Practice Direction 6B para 3.1(3).

W NAGEL (A FIRM) v PLUCZENIK DIAMOND CO NV

[2017] Lloyd's Rep. Plus 74

Agency – Termination by principal – Whether principal entitled to terminate agency agreement – Measure of damages for breach of agency agreement – Commercial Agents (Council Directive) Regulations 1993 (SI 1993 No 3053), Regulation 2 – Whether agent had continuing authority to negotiate – Meaning of commodity market and commodity exchange

PEIRES v BICKERTON'S AERODROMES LTD

[2017] Lloyd's Rep. Plus 75

Nuisance – Immunity from action – Claimant complaining of noise from helicopter training exercises at aerodrome – Whether vertical operations of helicopters constituted "flight" – Whether claim barred by Civil Aviation Act 1982, section 76.

VITOL SA v BETA RENOWABLE GROUP SA

[2017] Lloyd's Rep. Plus 76

Sale of goods (fob) – Renunciatory breach by seller – Whether buyer accepted breach as terminating contract – Whether buyer's failure to nominate vessel sufficiently unequivocal act – Whether buyer's failure to nominate relieved seller of obligation to deliver – Measure of damages.

DELAWARE NORTH MARINE EXPERIENCE PTY LTD v THE SHIP "EYE-SPY"

[2017] Lloyd's Rep. Plus 77

Charterparty (bareboat) – Due diligence – Latent defect – Bareboat charterers bringing proceedings in rem for breach of charterparty following failure of stern tube assembly – Whether shipowners in breach of due diligence obligation – Whether defect was latent – Effect of delivery "as is - where is" – Whether defect caused by negligence of charterers – Whether charterers in breach of obligations relating to redelivery – Whether daily rate for delay in redelivery was a penalty – Whether security for arrest excessive.

ASPEN UNDERWRITING LTD v KAIROS SHIPPING LTD AND OTHERS (THE "ATLANTIK CONFIDENCE")

[2017] Lloyd's Rep. Plus 78

Insurance (marine) – Vessel lost at sea – Settlement Agreement between owners and underwriters – Subsequent discovery that vessel was deliberately sunk – Claim by underwriters to recover settlement sum from mortgagee bank – Whether bank bound by exclusive jurisdiction clause in agreement – Agency – Jurisdiction over claims in tort and restitution – Whether special jurisdiction rules for insurance applied – Brussels Regulation Recast, Council Regulation 1215/2012/EU, articles 7 and 14.

BHL v LEUMI ABL LTD

[2017] Lloyd's Rep. Plus 79

Banking – Receivables Finance Agreement – Bank's discretion to charge collection fee for receivables collected by it – Exercise of discretion – Payment under mistake.

DRY LOG BULK CARRIERS v PHAETHON INTERNATIONAL CO SA (THE "M/T BULK INDONESIA")

[2017] Lloyd's Rep. Plus 80

Charterparty – BIMCO Piracy Clause – Meaning of phrase "additional insurance costs".

DAINFORD NAVIGATION INC v PDVSA PETROLEO SA (THE "MOSCOW STARS")

[2017] Lloyd's Rep. Plus 81

Arbitration – Interim relief – Owners bringing arbitration proceedings against time charterers – Owners applying to High Court for order of sale of cargo – Whether cargo was "the subject of" the arbitration proceedings – Whether sale should be ordered – Arbitration Act 1996, section 44(2)(d).

AUTORIDAD DEL CANAL DE PANAMÁ v SACYR SA AND OTHERS

[2017] Lloyd's Rep. Plus 82

Arbitration – Stay of judicial proceedings – Claims under guarantees governed by English law and English exclusive jurisdiction – Main agreement governed by Panamanian law and subject to arbitration – Whether guarantees were "on demand" – Whether claim in judicial proceedings was "in relation to a matter" subject to arbitration – Arbitration Act 1996, section 9 – Stay on case management grounds.

ZAVOD EKRAN OAO v MAGNECO METREL UK LTD

[2017] Lloyd's Rep. Plus 83

Arbitration – Enforcement of award – Notice of arbitration given to English defendant in Russian – Whether defendant had received "proper notice" of the commencement of arbitration – Arbitration Act 1996, section 103(2)(c).

R (ON THE APPLICATION OF KNIGHT) v SECRETARY OF STATE FOR TRANSPORT

[2017] Lloyd's Rep. Plus 84

Judicial review – Claim for salvage in respect of wreckage – Receiver of Wreck refusing to make salvage award – Whether "salvage operations" could not be considered as completed until everything raised from sea bed – Whether salvage claim time-barred – Salvage Convention 1989, article 23(1).

BOSSEN AND OTHERS v BRUSSELS AIRLINES SA/NV

[2017] Lloyd's Rep. Plus 85

Carriage by air (passengers) – Delay – Regulation (EC) No 261/2004 conferring rights of compensation to passengers in the event of cancellation or long delay of flights – Amount of compensation for delay depending on distance of flight measured by "great circle" method – Whether "distance" in context of connecting flights meant direct distance between first point of departure and last destination or distance actually flown.

DSA CONSULTANCY (FZC) v OWNER AND/OR DEMISE CHARTERER OF THE VESSEL "EUROHOPE"

[2017] Lloyd's Rep. Plus 86

Admiralty Jurisdiction – Plaintiff commencing action in rem for sole purpose of obtaining security in aid of foreign court proceedings – Whether court had jurisdiction – Whether damages should be awarded for wrongful arrest.

THE "DREAM STAR"

[2017] Lloyd's Rep. Plus 87

Admiralty – Collision action – Vessels colliding off Singapore – Whether crossing rule or overtaking rule applied – Apportionment of liability – Collision Regulations 1972, rules 13 and 15.

MORPOL SA AND OTHERS v BLUE ANCHOR LINE AND ANOTHER

[2017] Lloyd's Rep. Plus 88

Practice – Transfer of cargo claim from Court of First Instance to District Court – Whether case fell within jurisdiction of District Court – Whether plaintiffs had absolute right to bring case in Court of First Instance – Whether case ought to remain in Court of First Instance in any event – High Court Ordinance, section 12 – District Court Ordinance, sections 32 and 43.

MAXIMOV v OPEN JOINT STOCK COMPANY "NOVOLIPETSKY METALLURGICHESKY KOMBINAT"

[2017] Lloyd's Rep. Plus 89

Arbitration – Award made in Russia – Award set aside by Russian courts – Whether award enforceable in England – Whether Russian courts were biased – New York Convention.

UNION MARINE CLASSIFICATION SERVICES LLC v GOVERNMENT OF THE UNION OF COMOROS AND ANOTHER (NO 2)

[2017] Lloyd's Rep. Plus 90

Arbitration – Serious irregularity – Whether arbitrator had power to make further award – Whether evidential basis for arbitrator's finding of fact – Whether claimant's claim for loss of bargain damages constituted acceptance of respondent's repudiatory breach – Whether claimant suffering substantial injustice – Arbitration Act 1996, section 68.

OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “MCC JAKARTA” v OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “XIN NAN TAI 77”

[2017] Lloyd's Rep. Plus 91

Admiralty – Collision – Apportionment of blame – COLREGS, rules 15, 16 and 17.

UMS HOLDINGS LTD AND OTHERS v GREAT STATION PROPERTIES SA AND ANOTHER

[2017] Lloyd's Rep. Plus 92

Arbitration – Serious irregularity – Alleged failure to take account of all evidence – Duty to give reasons – Construction of award – Arbitration Act 1996, sections 52(4), 68(2)(a) and 68(2)(d).

UMS HOLDINGS LTD AND OTHERS v GREAT STATION PROPERTIES SA AND ANOTHER (NO 2)

[2017] Lloyd's Rep. Plus 93

Arbitration – Application for permission to appeal against rejection of challenge to award – Interim order for costs – Confidentiality following public hearing of appeal.

SECURE CAPITAL SA v CREDIT SUISSE AG

[2017] Lloyd's Rep. Plus 94

Conflicts of law – Choice of law – Contract – Right to action under bearer notes held under Clearstream system – Party entitled to action under Luxembourg law – Notes governed by English law – Characterisation.

PAN-UNITED SHIPPING PTE LTD v CUMMINS SALES AND SERVICE SINGAPORE PTE LTD

[2017] Lloyd's Rep. Plus 95

Contract – Exclusion clause – Defendant contracting to overhaul engines of plaintiff's tugboat – Engine damaged after seizing up during testing – Whether defendant in breach of contract – Whether plaintiff's or defendant's standard terms applied – Whether defendant entitled to limit liability to price of quotation.

UBS AG (LONDON BRANCH) AND ANOTHER v KOMMUNALE WASSERWERKE LEIPZIG GMBH UBS LTD AND ANOTHER (THIRD PARTIES) UBS LTD v DEPFA BANK PLC KOMMUNALE WASSERWERKE LEIPZIG GMBH (THIRD PARTY) UBS AG (LONDON BRANCH) v LANDESBANK BADEN-WÃRTTEMBERG UBS LTD (THIRD PARTY)

[2017] Lloyd's Rep. Plus 96

Banking – Single Tranche Collateralised Debt Obligations – Breach of fiduciary duty – Bribery – Whether agency relationship should be implied.

MITSUI & CO LTD AND OTHERS v BETEILIGUNGSGESELLSCHAFT LPG TANKERFLOTTE MBH & CO KG AND ANOTHER (THE "LONGCHAMP")

[2017] Lloyd's Rep. Plus 97

General average & Vessel seized by pirates in Gulf of Aden & Negotiations for payment of ransom & Whether expenses incurred by shipowner during period of negotiations allowable in general average & York-Antwerp Rules 1974, Rule F.

KAEFER AISLAMIENTOS SA DE CV v AMS DRILLING MEXICO SA DE CV AND OTHERS

[2017] Lloyd's Rep. Plus 98

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.

TAURUS PETROLEUM LTD v STATE OIL MARKETING COMPANY OF THE MINISTRY OF OIL, REPUBLIC OF IRAQ

[2017] Lloyd's Rep. Plus 99

Arbitration – Award – Enforcement – Respondent failing to pay arbitration award – Claimant applying for third party debt order over letters of credit – Whether respondent was beneficiary of debt created by letters of credit – Situs of debt – Whether third party debt order should be made – Whether court entitled to make receivership order.

CSSA CHARTERING AND SHIPPING SERVICES SA v MITSUI OSK LINES LTD (THE "PACIFIC VOYAGER")

[2017] Lloyd's Rep. Plus 100

Charterparty (Voyage) – Charterparty containing cancelling date but no ETA – Nature of owners' obligation to commence approach voyage – Whether obligation absolute or to use due diligence – Vessel delayed through no fault of owners – Whether owners in breach of obligation in relation to approach voyage.

TOPTIP HOLDING PTE LTD v MERCURIA ENERGY TRADING PTE LTD

[2017] Lloyd's Rep. Plus 101

Charterparty (voyage) – Whether contract concluded – Offer – Counteroffer – Acceptance – “Subject to review” – “With logical amendments” – Essential terms – Implication of terms in fact – Whether nomination of vessel constituting performance.

OWNERS AND/OR THOSE ENTITLED TO SUE IN RESPECT OF A CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL “KAPPA SEA” v OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “KAPPA SEA”

[2017] Lloyd's Rep. Plus 102

Admiralty – Action in rem – Cargo discharged in Yangon in contaminated condition – Vessel not arrested pursuant to P&I Club undertaking – Defendant outside HK served through solicitors – Challenge to jurisdiction – Clearly more appropriate forum – Loss of legitimate personal or juridical advantage – Hague Rules and Hague-Visby Rules.

Lloyd's Law Reports Plus