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The London Steam Ship Owners Mutual Insurance Association Ltd v The Kingdom of Spain (The “Prestige”) – QBD (Comm Ct) (Walker J) [2013] EWHC 2840 (Comm) – 20 September 2013
Arbitration
– Award – Enforcement – Objection to jurisdiction of arbitrator – Objector not
participating in arbitral proceedings – Successful party seeking to enforce
award – Objecting party out of time for challenging jurisdiction under section
67 Arbitration Act 1996 – Delay in filing evidence in opposition to enforcement
application – Whether extension of time should be granted to enable objector to
resist enforcement
Online Published Date:
16 October 2013
Appeared in issue:
884 - 18 October 2013
PT Jawamanis Rafinasi and Another v Coastal Cargo Co Inc – US Court of Appeals (5th Circuit) (DeMoss, Dennis and Prado Ct JJ) – 24 July 2013
Carriage
of goods by sea – Package limitation – Plaintiffs’ boiler negligently damaged
by stevedore on dockside before being loaded on to carrying vessel – Whether
stevedore entitled to limit liability under COGSA – Whether stevedore “agent”
of carrier
Online Published Date:
16 October 2013
Appeared in issue:
884 - 18 October 2013
Proton Energy Group SA v Orlen Lietuva – QBD (Comm Ct) (HHJ Mackie QC, sitting as a Judge of the High Court) [2013] EWHC 2872 (Comm) – 24 September 2013
Contract
– Sale of goods cif – Negotiations for sale and purchase of quantity of crude
oil mix – Whether binding contract concluded – Whether buyers in repudiatory
breach – Whether sellers suffered loss – Whether buyers would have been
entitled to reject goods for misdescription
Online Published Date:
16 October 2013
Appeared in issue:
884 - 18 October 2013
Clevo Co v Hecny Transportation Inc – US Court of Appeals (9th Circuit) (Alfred T Goodwin and William A Fletcher Ct JJ and Edward R Korman SDJ) – 26 April 2013
Carriage
of goods by sea – Limitation of liability – Seller bringing claim for
misdelivery of goods against freight forwarder acting as agent of carrier –
Whether claim time-barred – Whether defendant entitled to benefit of Himalaya
clause in bill of lading
Online Published Date:
16 October 2013
Appeared in issue:
884 - 18 October 2013