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Lloyd's Law Reports Plus RSS feed

PAO TATNEFT v UKRAINE

Arbitration – Enforcement of New York Convention award – Defence based on illegality of submission to arbitration – Whether respondent was estopped from relying upon the defence – Whether the respondent had waived the defence – Arbitration Act 1996, sections 73 and 103(2).

[2021] Lloyd's Rep. Plus 1

HERCULITO MARITIME LTD AND OTHERS v GUNVOR INTERNATIONAL BV AND OTHERS (THE “POLAR”)

General average – Vessel kidnapped and held to ransom by pirates in Gulf of Aden – Shipowners paying ransom for release of vessel – Shipowners seeking to recover ransom payment from bill of lading holders as general average contribution – Charterparty providing for charterers to pay premiums for war risks and kidnap and ransom insurance – Whether relevant charterparty provisions incorporated into bills of lading – Whether shipowners precluded from recovering contribution from bill of lading holders.

[2021] Lloyd's Rep. Plus 2

MASTERMELT LTD v SIEGFRIED EVIONNAZ SA

Jurisdiction – Exclusive jurisdiction clause – Meaning of written agreement – Lugano Convention 2007, articles 23 and 27.

[2021] Lloyd's Rep. Plus 3

SENIORITY SHIPPING CORPORATION SA v CITY SEED CRUSHING INDUSTRIES LTD (THE “JOKER”)

Practice – Anti-suit injunction – Bills of lading expressly incorporating charterparty law and arbitration clause – Charterparty providing for English law and London arbitration – Applicable law governing issue of incorporation – Bill of lading holders bringing cargo claim in Bangladesh in breach of London arbitration clause – Owners bringing proceedings in England claiming final anti-suit injunction –- Whether injunction should be granted – Rome I Regulation (Regulation (EC) No 593/2008), articles 10(1) and (2).

[2021] Lloyd's Rep. Plus 4

ULUSOY DENIZILIK AS v COFCO GLOBAL HARVEST (ZHANGJIAGANG) TRADING CO LTD (THE “ULUSOY-11”)

Practice – Anti-suit injunction – Bills of lading expressly incorporating charterparty Law and Arbitration Clause – Applicable law governing issue of incorporation – Identity of governing charterparty – Whether Law and Arbitration Clause incorporated into bills of lading – Bill of lading holders bringing cargo claim in China – Whether breach of London arbitration clause – Whether owners entitled to anti-suit injunction – Rome I Regulation (Regulation (EC) No 593/2008), article 10(1), (2).

[2021] Lloyd's Rep. Plus 5

GRACE OCEAN PRIVATE LTD v MV “BULK POLAND”

Practice – Anti-suit injunction – Bills of lading expressly incorporating charterparty law and arbitration clause – Charterparty providing for English law and London arbitration – Applicable law governing issue of incorporation – Bill of lading holders bringing cargo claim in China in breach of London arbitration clause – Owners bringing proceedings in England and applying for interim anti-suit injunction –- Whether injunction should be continued – Rome I Regulation (Regulation (EC) No 593/2008), articles 10(1) and (2).

[2021] Lloyd's Rep. Plus 6

A v B

Arbitration – Enforcement of Consent Award – Settlement Agreement providing for Consent Award – Whether Acceleration Event had occurred requiring payment of full sum due under Consent Award – Arbitration Act 1996, section 66.

[2021] Lloyd's Rep. Plus 10

TRAFIGURA MARITIME LOGISTICS PTE LTD v CLEARLAKE SHIPPING PTE LTD (THE “MIRACLE HOPE”)

Practice – Mandatory injunction – Cargo discharged without production of bills of lading – Bank arresting vessel – Disponent owners applying for mandatory injunction compelling defendant to provide security – Whether indemnity applied in circumstances of case – Whether sufficient urgency – Whether mandatory injunction should be granted.

[2021] Lloyd's Rep. Plus 12

CLEARLAKE CHARTERING USA INC AND ANOTHER v PETROLEO BRASILEIRO SA (THE “MIRACLE HOPE”) (NO 2)

Practice – Mandatory injunction – Cargo discharged without production of bills of lading – Bank arresting vessel – Disponent owners obtaining mandatory injunction compelling voyage charterers to provide security – Voyage charterers applying for equivalent injunction against sub-voyage charterers – Whether indemnity applied to sub-voyage charterers – Whether mandatory injunction should be granted.

[2021] Lloyd's Rep. Plus 15

WOLLONGONG COAL LTD v PCL (SHIPPING) PTE LTD (THE “ILLAWARRA FORTUNE”)

Carriage of goods by sea – Bills of lading issued to shipper of coal cargoes – Bills subsequently switched to new shipper and original bills cancelled – Assignee of carrier claiming to recover charterparty freight and other sums from original shipper – Whether original shipper liable – Whether assignee entitled to recover claimed sums.

[2021] Lloyd's Rep. Plus 16

ALTERA VOYAGEUR PRODUCTION LTD v PREMIER OIL E&P UK LTD (THE “VOYAGEUR SPIRIT”)

Charterparty (Bareboat) – Hire adjustment formula set out in separate “Over-Arching Agreement” – Formula consisting of narrative and two worked examples – Worked examples containing steps not set out in preceding narrative – Whether narrative should be preferred to worked examples – Whether clear mistake in drafting.

[2021] Lloyd's Rep. Plus 19

TURKS SHIPYARD LTD v THE OWNERS OF THE VESSEL “NOVEMBER”

Admiralty jurisdiction – Shipyard concluding contract with company for work on vessel – Shipyard bringing proceedings in rem for cost of work – Whether company acted as agent for owners of vessel as undisclosed principals of company – Whether shipyard had valid in rem claim against vessel.

[2021] Lloyd's Rep. Plus 20

SEA MASTER SHIPPING INC v ARAB BANK (SWITZERLAND) LTD AND ANOTHER (THE “SEA MASTER”)

Carriage of goods by sea – Bill of lading incorporating terms of voyage charterparty – Carrier claiming demurrage following delays at discharge port – Charterer in insolvent liquidation – Carrier bringing demurrage claim against defendant bank and cargo receivers on basis that they became subject to liabilities under contract of carriage – Whether implied term of contract of carriage that defendants would discharge and deliver cargo with reasonable time.

[2021] Lloyd's Rep. Plus 21

ALEGROW SA v YAYLA AGRO GIDA SAN VE NAK AS

Sale of goods (cif) – Sale of rice cif Turkey – Seller not complying with shipment schedule – Buyer requesting revised schedule and purporting to make time of the essence – Buyer subsequently serving notice of arbitration – Whether seller in repudiatory breach of contract – Whether GAFTA Appeal Board erred in law.

[2021] Lloyd's Rep. Plus 22

NAUTICA MARINE LTD v TRAFIGURA TRADING LLC (THE “LEONIDAS”)

Charterparty (Voyage) – Consensus ad idem – Preliminary recap setting out terms of fixture “subject to suppliers’ approval” – Whether “subject” was pre-condition or performance condition – Whether parties concluded fixture – Whether owners entitled to damages for breach of charter.

[2021] Lloyd's Rep. Plus 23

SK SHIPPING EUROPE PLC v CAPITAL VLCC 3 CORPORATION AND ANOTHER (THE “C CHALLENGER”)

Charterparty (Time) – Misrepresentation – Whether owners misrepresented vessel’s fuel consumption – Whether owners in repudiatory breach of charter – Whether charterers entitled to rescind or terminate charter for misrepresentation or repudiatory breach – Whether charterers affirmed charter – Whether charterers’ guarantor entitled to rescind guarantee – Whether charterers in repudiatory breach – Whether Statute of Frauds satisfied – Whether guarantor liable to owners.

[2021] Lloyd's Rep. Plus 24

NEPTUNE HOSPITALITY PTY LTD v OZMEN ENTERTAINMENT PTY LTD (THE “SEADECK”)

Joint venture – Fiduciary duty – Joint venture agreement to operate business offering luxury cruises on Sydney Harbour – Demise charter of vessel for purpose of joint venture – Whether appellant in breach of joint venture agreement – Whether joint venture agreement validly terminated.

[2021] Lloyd's Rep. Plus 25

SRS MIDDLE EAST FZE v CHEMIE TECH DMCC

Arbitration – Anti-suit injunction – Proceedings brought in Sharjah for interim measures – Substantive proceedings brought to preserve interim measures – Whether interim measures available independently of substantive proceedings – International Chamber of Commerce Rules, articles 28 and 29.

[2021] Lloyd's Rep. Plus 26

CHINA COAL SOLUTION (SINGAPORE) PTE LTD v AVRA COMMODITIES PTE LTD

Contract – Formation – Acceptance – Whether business confirmation emails gave rise to a concluded contract – Intention to create legal relations – Certainty of terms – Previous course of dealings – Sale of Goods Act (Cap 393, 1999 Rev Ed), section 50(3).

[2021] Lloyd's Rep. Plus 27

HC TRADING MALTA LTD v SAVANNAH CEMENT LTD

Summary judgment – Sale contract price subject to settlement agreement – Demurrage claim subject under settlement agreement to expert determination.

[2021] Lloyd's Rep. Plus 28

STAR GROUP EST PTE LTD v WILLSOON (FE) PTE LTD

Contract – Sale of goods – Breach of contract – Waiver – Declaratory relief – Sale of Goods Act (Cap 393, 1999 Rev Ed), sections 13(1) and 15A.

[2021] Lloyd's Rep. Plus 29

JIANGSU GUOXIN CORPORATION LTD v PRECIOUS SHIPPING PUBLIC CO LTD

Contract – Shipbuilding contract – Buyer cancelling contracts on ground of excessive delay by shipbuilder in delivering two of a series of 14 vessels – Seller not operating any contractual machinery for extending delivery dates – Seller contending that delay was caused by buyer’s wrongful rejection of earlier vessels – Whether seller entitled to extend delivery dates – Whether “prevention principle” applied.

[2021] Lloyd's Rep. Plus 30

BEGUM (ON BEHALF OF MOLLAH) v MARAN (UK) LTD

Ship breaking – Claim on behalf of deceased worker against ship manager responsible for presence of vessel in scrapping yard – Creation of danger principle.

[2021] Lloyd's Rep. Plus 32

CH OFFSHORE LTD v INTERNAVES CONSORCIO NAVIERO SA AND OTHERS

Agency – Intermediate brokers negotiating charterparty terms – Claim for unpaid commission – Scope of duty owed by intermediate brokers – Whether hire inflated by secret commissions – Whether brokers in breach of duty – Whether commission and consultancy agreements enforceable – Whether settlement agreement concluded between shipowners and charterers precluded brokers’ claim.

[2021] Lloyd's Rep. Plus 33

SHANGHAI SHIPYARD CO LTD v REIGNWOOD INTERNATIONAL INVESTMENT (GROUP) CO LTD

Guarantee – Shipbuilding contract – Builder claiming final instalment of price – Dispute as to whether buyer liable to pay final instalment – Builder claiming final instalment from guarantor on basis that guarantee was a demand guarantee – Whether guarantee a demand guarantee or a see to it guarantee – Whether guarantor’s liability dependent upon time of commencement of arbitration relating to underlying dispute.

[2021] Lloyd's Rep. Plus 34

HOLYHEAD MARINA LTD v FARRER AND OTHERS

Limitation of liability – Marina damaged by storm – Owner of marina bringing limitation claim against owners of damaged craft – Whether claimant entitled to limit – Whether marine a “dock” – Whether claimant lost right to limit – Whether claimant entitled to summary judgment – Whether defendants entitled to amend defence – Amount of right to limit – Merchant Shipping Act 1995, section 191 – Convention on Limitation of Liability for Maritime Claims 1976, article 4.

[2021] Lloyd's Rep. Plus 35

THE “ECHO STAR” EX “GAS INFINITY”

Admiralty practice – Plaintiff shipowner bringing in rem proceedings against defendant vessel - Change of ownership of vessel prior to issue of proceedings – Whether proper party to enter appearance was owner at time of collision or current owner – Whether current owner entitled to withdraw appearance.

[2021] Lloyd's Rep. Plus 36

TUI UK LTD v MORGAN

Package travel – Scope of implied term as to reasonable skill and care – Insufficient lighting causing accident – Absence of local standards – Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 1992 No 3288), Regulation 15 – Supply of Goods and Services Act 1982, section 13.

[2021] Lloyd's Rep. Plus 39

BANCO SAN JUAN INTERNACIONAL INC v PETRÓLEOS DE VENEZUELA SA

Contract – Loan – Repayment – Summary judgment application – Whether defence that repayment rendered illegal by US sanction had a real prospect of success – Whether sum imposed under loan contract for breach was a penalty clause.

[2021] Lloyd's Rep. Plus 44

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

Collision – Crossing vessels – Liability – Collision between inbound and outbound vessels in pilot boarding area just outside narrow channel to Port of Jebel Ali – Whether crossing rules applied – Whether give-way vessel had to be on steady course for crossing rules to apply – International Regulations for Preventing Collisions at Sea 1972, rules 15, 16 and 17.

[2021] Lloyd's Rep. Plus 64

P&O PRINCESS CRUISES INTERNATIONAL LTD v THE DEMISE CHARTERERS OF THE VESSEL “COLUMBUS” AND IN THE MATTER OF THE CLAIM FOR PORT DUES BY PORT OF TILBURY LONDON LTD

Admiralty – Port dues – Cruise vessels laid-up at Port of Tilbury following suspension of cruise operations caused by Covid-19 pandemic – Port agreeing preferential lay-up rate – Port subsequently stating that rates were to be as per Port’s published tariff – Whether Port entitled to increase rate to tariff rate – Harbours Act 1964 – Port of London Act 1968 – Port of Tilbury General Trading Regulations 2005.

[2021] Lloyd's Rep. Plus 65

HELICE LEASING SAS v PT GARUDA INDONESIA (PERSERO) TBK

Arbitration – Stay of judicial proceedings – Service of proceedings – Relationship between jurisdiction and arbitration clause – Existence of dispute – Forum non conveniens – Arbitration Act 1996, section 9 – CPR Parts 6 and 7.

[2021] Lloyd's Rep. Plus 68

PREMIER CRUISES LTD v DLA PIPER RUS LTD AND ANOTHER

Arbitration – Stay of proceedings – Retroactive effect of arbitration clause – Inherent jurisdiction of court to stay proceedings – Case management stay – Arbitration Act 1996, section 9.

[2021] Lloyd's Rep. Plus 69

LIPTON AND ANOTHER v BA CITY FLYER LTD

Aviation – Compensation for delay – Whether illness of captain constituted “exceptional circumstances” – Regulation 261/2004/EC – Air Passenger Rights and Air Travel Organisers’ Licencing (Amendment) (EU Exit) Regulations 2019 (SI 2019 No 278) – European Union (Withdrawal) Act 2018.

[2021] Lloyd's Rep. Plus 70

PROVINCE OF BALOCHISTAN v TETHYAN COPPER CO PTY LTD

Arbitration – Appeal against award for want of jurisdiction and serious irregularity – Standard directions – Arbitration Act 1996, sections 67, 68 and 73 – CPR Part 62.

[2021] Lloyd's Rep. Plus 71

NOBLE CHARTERING INC v PRIMINDS SHIPPING HONG KONG CO LTD (THE “TAI PRIZE”)

Carriage of goods by sea – Master invited to sign bill of lading stating cargo shipped in apparent good order and condition – Cargo found to be damaged on discharge – Chinese courts holding head owner liable to receivers – Disponent owners settling with head owner – Disponent owners claiming indemnity from sub-charterers – Whether misrepresentation by master – Whether sub-charterers liable to indemnify disponent owners.

[2021] Lloyd's Rep. Plus 72

SILVERLINK RESORTS LTD v MS FIRST CAPITAL INSURANCE LTD

Arbitration – Stay of proceedings – Arbitration clause applying to all disputes – Jurisdiction clause applying to interpretation disputes – Whether judicial proceedings on interpretation should be stayed.

[2021] Lloyd's Rep. Plus 74

SHAPOORJI PALLONJI & CO PVT LTD v YUMN LTD STANDARD CHARTERED BANK (THIRD PARTY)

Arbitration – Interim relief – Performance bond – Interim injunction to require withdrawal of demand under performance bond – Whether inunction should be granted pending appointment of emergency arbitrator – Arbitration Act 1996, section 44 – Senior Courts Act 1981, section 37.

[2021] Lloyd's Rep. Plus 80

TUGUSHEV v ORLOV AND OTHERS

Arbitration – Stay of proceedings – Matters agreed to be referred to arbitration – Scope of arbitration clause in settlement agreement – Issue estoppel – Arbitration Act 1996, section 9.

[2021] Lloyd's Rep. Plus 81