- Home/Publications/Lloyd's Law Reports
AITEO EASTERN E&P CO LTD v SHELL WESTERN SUPPLY AND TRADING LTD
[2023] 1 Lloyd's Rep. 1
Arbitration – Jurisdiction – Optional arbitration clause – Whether option to arbitrate had been exercised – Effect of exercise of option – Arbitration Act 1996, section 67.
OCM MARITIME NILE LLC AND ANOTHER v COURAGE SHIPPING CO AND OTHERS (THE "COURAGE" AND THE "AMETHYST")
[2023] 1 Lloyd's Rep. 13
Charterparty (demise) - Effect of sanctions - Registered owner seeking possession of vessels - Construction of charterparty terms - Entitlement to buy vessel at end of charterparty period - Relief from forfeiture - Risk of becoming subject to sanctions regime - Barecon 2001.
OVERSEA-CHINESE BANKING CORPORATION LTD v OWNER AND/OR DEMISE CHARTERER OF THE VESSEL “STI ORCHARD” WINSON OIL TRADING PTE LTD (INTERVENING)
[2023] 1 Lloyd's Rep. 22
Contract (bills of lading) – Breach – Misdelivery – Delivery of cargo without production of the bill of lading – Rights of suit of bank holding bills of lading – Lawful holder – Possession in good faith – Consent to discharge without production of bill of lading.
PJSC NATIONAL BANK TRUST AND ANOTHER v MINTS AND OTHERS
[2023] 1 Lloyd's Rep. 37
Arbitration – Effect of arbitration award on third parties – Privity principle – Issue estoppel – Abuse of process – Arbitration Act 1996, sections 58 and 82.
AQUAVITA INTERNATIONAL SA v INDAGRO SA
[2023] 1 Lloyd's Rep. 61
Arbitration – Anti-suit injunction – Application to foreign court for security – Whether application would be determinative of dispute – Senior Courts Act 1981, section 37.
CM P-MAX III LTD v PETROLEOS DEL NORTE SA (THE MT “STENA PRIMORSK”)
[2023] 1 Lloyd's Rep. 67
Charterparty (voyage) – Demurrage – Safety decisions by master – Under-keel clearance policy – Vessel leaving berth without discharging due to safety concerns about under-keel clearance – Notice of readiness – Free pratique.
NATIONAL IRANIAN OIL CO v CRESCENT PETROLEUM CO INTERNATIONAL LTD AND ANOTHER
[2023] 1 Lloyd's Rep. 76
Arbitration - Error of law - Application for permission to appeal - Whether parties had agreed to exclude right to seek permission to appeal - Whether permission to appeal should be granted - Arbitration Act 1996, section 69.
ROYAL & SUN ALLIANCE INSURANCE LTD AND OTHERS v TUGHANS
[2023] 1 Lloyd's Rep. 90
Arbitration – Insurance (professional indemnity) – Jurisdiction – Serious irregularity – Error of law – Arbitration Act 1996, sections 33, 67, 68 and 69.
ARI v WXJ
[2023] 1 Lloyd's Rep. 123
Arbitration – Response to arbitration notice – Whether arbitrator validly appointed – Relationship between arbitrator and parties – Arbitration Act 1996, section 14.
CVG v CVH
[2023] 1 Lloyd's Rep. 130
Arbitration – Emergency arbitrator – Whether award enforceable under the New York Convention – Jurisdiction – Breach of the rules of natural justice.
EGF v HVF AND OTHERS
[2023] 1 Lloyd's Rep. 139
Arbitration – Allegation of apparent bias by “Witness Statement Ruling” – Reasons for ruling – Power to make interim payments order – Whether order an award – Excess of jurisdiction – Excess of powers – Serious irregularity – UNCITRAL Rules, article 34 – Arbitration Act 1996, sections 24, 30, 39, 58, 67 and 68.
JDA CO LTD AND OTHERS v AIG INSURANCE NEW ZEALAND LTD AND OTHERS
[2023] 1 Lloyd's Rep. 157
Insurance (marine) – Declaration policy – Definition of “assured” under policy – Effect of assured's failure to nominate terms of coverage – Estoppel by convention – Effect of failure to make proper declarations of insured subject matter – Breach of warranty – Marine Insurance Act 1908 (NZ), section 34.
NATIONAL INVESTMENT BANK LTD v ELAND INTERNATIONAL (THAILAND) CO LTD AND ANOTHER
[2023] 1 Lloyd's Rep. 174
Arbitration – Jurisdiction – Effect of appointment of arbitrator by the court on the right to contest jurisdiction – Waiver of permissive arbitration clause – Validity of notice of arbitration – Issue estoppel – Arbitration Act 1996, sections 14, 18 and 72.
NDK LTD v HUO HOLDING LTD AND ANOTHER
[2023] 1 Lloyd's Rep. 183
Arbitration – Jurisdiction – Relationship between Articles of Association and Shareholders' Agreement – Whether arbitration clause in Shareholders' Agreement applies to disputes under Articles of Association – Arbitrability of shareholder disputes – Arbitration Act 1996, sections 30 and 67.
NDK LTD v HUO HOLDING LTD (NO 2)
[2023] 1 Lloyd's Rep. 204
Arbitration – Jurisdiction – Severability of arbitration clause – Arbitration Act 1996, sections 7 and 67.
RQP v ZYX
[2023] 1 Lloyd's Rep. 212
Arbitration – Jurisdiction – Meaning of “award” – Set-off – Termination of arbitration agreement following repudiation – Enforcement of peremptory order – Arbitration Act 1996, sections 33, 41, 42, 52 and 67.
S3D INTERACTIVE INC v OOVEE LTD
[2023] 1 Lloyd's Rep. 228
Arbitration – Peremptory order made by arbitrator – Application to court for enforcement – Whether court required to determine jurisdictional challenge to arbitrator before granting enforcement – Arbitration Act 1996, sections 1, 30, 41, 42, 66 and 67.
DC BARS LTD AND ANOTHER v QIC EUROPE LTD
[2023] 1 Lloyd's Rep. 239
Insurance (business interruption) – Arbitration – Clause requiring arbitration of quantum disputes – Whether dispute purely about quantum – Stay of proceedings – Arbitration Act 1996, section 9.
DHL PROJECT & CHARTERING LTD v GEMINI OCEAN SHIPPING CO LTD (THE “NEWCASTLE EXPRESS”)
[2023] 1 Lloyd's Rep. 245
Arbitration – Jurisdiction – Separability – Charterparty – Effect of “subject” – Whether there was agreement for a charterparty and an arbitration clause – Arbitration Act 1996, sections 7 and 67.
NATIONAL OILWELL VARCO NORWAY AS v KEPPEL FELS LTD
[2023] 1 Lloyd's Rep. 263
Arbitration – Enforcement of award – Proceedings conducted in name of company no longer in existence – Whether award in favour of the company was enforceable – Succession – Estoppel.
WSB v FOL
[2023] 1 Lloyd's Rep. 286
Arbitration – Order dismissing appeal and application for permission to appeal without a hearing – Appeal against decision not to hold oral hearing – Civil Procedure Rules 3.3 and 23.8 – Commercial Court Guide 2022 – Arbitration Act 1996, sections 60, 61, 67, 68 and 69.
BARTON AND OTHERS v MORRIS AND ANOTHER
[2023] 1 Lloyd's Rep. 297
Contract – Whether commission payable for introduction of purchaser – Express term – Term implied in fact – Term implied in law – Unjust enrichment.
NIGERIAN AGIP EXPLORATION LTD v GEC PETROLEUM DEVELOPMENT CO LTD
[2023] 1 Lloyd's Rep. 341
Arbitration – Anti-suit injunction – Foreign proceedings challenging English award – Jurisdiction to grant relief.
BUHEIRY v VISTAJET LTD
[2023] 1 Lloyd's Rep. 347
Arbitration – Jurisdiction – Serious irregularity – Whether rights validly assigned to arbitration creditor – Whether proper notice of arbitration given to arbitration debtor – Arbitration Act 1996, sections 67 and 68.
FAIRPARK ESTATES LTD AND OTHERS v HEALS PROPERTY DEVELOPMENTS LTD
[2023] 1 Lloyd's Rep. 359
Arbitration – Stay of proceedings – Whether a step in the proceedings had been taken by a Consent Order – Whether a step in the proceedings applied to all claims – Arbitration Act 1996, section 9.
FIMBANK PLC v KCH SHIPPING CO LTD (THE “GIANT ACE”) (NO 2)
[2023] 1 Lloyd's Rep. 381
Contracts (bills of lading) – Misdelivery – Claim for misdelivery following discharge – Time bar – Whether Hague-Visby Rules time bar applicable to claims for misdelivery of cargo after discharge from the vessel – Contractual application of Hague-Visby Rules – Period between discharge and delivery – “Carver implied term” – Hague-Visby Rules, article III rule 6.
HOLLEMAN SPECIAL TRANSPORT & PROJECT CARGO SRL v CO UK SHIPPING AND TRADING LTD
[2023] 1 Lloyd's Rep. 398
Contract of carriage (road) – Freight – Set-off – Daily rate payment under carriage or transport contract not amounting to freight – Set-off permitted – Construction of contracts – Contextual issues – Convention on Contracts for the International Carriage of Goods by Road 1956.
ARGENTUM EXPLORATION LTD v THE SILVER AND ALL PERSONS CLAIMING TO BE INTERESTED IN AND/OR TO HAVE RIGHTS IN RESPECT OF, THE SILVER: SECRETARY OF STATE FOR TRANSPORT AND ANOTHER (INTERVENERS)
[2023] 1 Lloyd's Rep. 405
Salvage - Silver bars salvaged from seabed after 70 years - Salvage claim - Party acknowledging service as owners asserting sovereign immunity - Meaning of phrase "in use or intended for use for commercial purposes" in relation to cargo - Meaning of "wreck" - Powers of Receiver of Wreck to determine salvage - State Immunity Act 1978, sections 10 and 13
EASTERN PACIFIC CHARTERING INC v POLA MARITIME LTD (THE "DIVINEGATE")
[2023] 1 Lloyd's Rep. 442
Charterparty (trip time) - Performance warranty - Good weather method - Slow steaming - Hull fouling - Wrongful arrest - Information forming the basis of arrest - NYPE 1946.
MUR SHIPPING BV v RTI LTD
[2023] 1 Lloyd's Rep. 463
Contracts (contract of affreightment) – Construction – Force majeure – Sanctions – Obligation to pay in US dollars – Sanctions preventing or delaying payment in US dollars – Charterers offering to pay in euros – Obligation to use reasonable endeavours to overcome force majeure.
NATIONAL IRANIAN OIL CO v CRESCENT PETROLEUM CO INTERNATIONAL LTD AND ANOTHER
[2023] 1 Lloyd's Rep. 475
Arbitration – Jurisdiction – Arbitration Act 1996, sections 67 and 73 – Objection taken to jurisdiction in the arbitration – Challenge to award for want of jurisdiction – Whether appeal based on same grounds – Whether tribunal acted without jurisdiction.
PERUSAHAAN PERSEROAN (PERSERO) PT PERTAMINA v TREVASKIS LTD AND OTHERS
[2023] 1 Lloyd's Rep. 493
Admiralty – Collision – Wreck – Liability – Limitation – Merchant Shipping (Limitation of Shipowners Liability) Ordinance, Cap 434 – Convention on Limitation of Liability for Maritime Claims 1976, articles 2(1)(a), 2(1)(c), 2(1)(d) and 18(1).
STANDARD CHARTERED BANK (SINGAPORE) LTD v MAERSK TANKERS SINGAPORE PTE LTD WINSON OIL TRADING PTE LTD, INTERVENING (THE “MAERSK PRINCESS”)
[2023] 1 Lloyd's Rep. 508
Contracts (bills of lading) – Delivery of cargo without presentation of bills of lading – Letter of credit issued after completion of delivery – Payment made against seller's invoice and letter of indemnity in accordance with letter of credit terms – Causation of loss – Misdelivery – Conversion – Lawful holder of bill of lading – Whether bank to have summary judgment.
HAYS AND OTHERS v BLOOMFIELD INVESTMENTS LLC
[2023] 1 Lloyd's Rep. 519
Arbitration – Jurisdiction – Serious irregularity – Application for extension of time – Length of delay – Strength of application – Arbitration Act 1996, sections 49, 67, 68, 70 and 80.
PAN OCEAN CO LTD v DAELIM CORPORATION
[2023] 1 Lloyd's Rep. 548
Arbitration – Error of law – Implication of terms into charterparty – LMAA Terms – Arbitration Act 1996, sections 57, 69 and 70.
VITOL SA v JE ENERGY LTD
[2023] 1 Lloyd's Rep. 558
Contracts (sale) - Sale of crude oil fob - Deal recap - Long-form contracts - Laycan - Post-contractual negotiations - Whether sale contract terms varied by terms of subsequent letter of credit.
EBURY PARTNERS BELGIUM SA/NV v TECHNICAL TOUCH BV AND ANOTHER
[2023] 1 Lloyd's Rep. 575
Conflict of laws – Anti-suit injunction – Issue as to validity of incorporation of exclusive jurisdiction clause – Law to be applied – Whether high degree of probability of incorporation – Senior Courts Act 1981, section 37 – Rome I Regulation, articles 3(3) and 10.
E-STAR SHIPPING AND TRADING CO LTD v DELTA CORP SHIPPING LTD
[2023] 1 Lloyd's Rep. 595
Arbitration – Anti-enforcement injunction – Interim order preserving assets – Senior Courts Act 1981, section 37 – Arbitration Act 1996, section 44.
KUVERA RESOURCES PTE LTD v JPMORGAN CHASE BANK NA
[2023] 1 Lloyd's Rep. 604
Contracts – Letters of credit – Contract formation – Contract terms – Elements of a letter of credit transaction – Complying presentation – Sanctions clause – Letter of credit transaction between confirming bank and beneficiary – Unilateral contract – UCP 600.
AFRICA SOURCING CAMEROUN LTD AND ANOTHER v LMBS SOCIÉTÉ PAR ACTIONS SIMPLIFIÉE AND ANOTHER
[2023] 1 Lloyd's Rep. 627
Arbitration – Duty of disclosure by arbitrator – Apparent bias – Serious irregularity – Substantial injustice – Delay – Arbitration Act 1996, sections 24, 33, 68 and 73.
RADISSON HOTELS APS DANMARK v HAYAT OTEL IŞLETMECILIĞI TURIZM YATIRIM VE TICARET ANONIM ŞIRKETI
[2023] 1 Lloyd's Rep. 642
Arbitration – Bias of arbitrator – Communication with just one party – Appeal against partial award – Whether appellant had waived right to appeal by continuing the arbitration without objection – Arbitration Act 1996, sections 68 and 73(1).
REPUBLIC OF UGANDA v RIFT VALLEY RAILWAYS (UGANDA) LTD
[2023] 1 Lloyd's Rep. 665
Arbitration – Jurisdiction – Whether procedural order amounted to an award – Arbitration Act 1996, sections 30, 52 and 67.
YDU v SAB AND ANOTHER
[2023] 1 Lloyd's Rep. 675
Arbitration – Order for specific performance – Whether order constituted part of award – Whether order could be varied – Serious irregularity – Arbitration Act 1996, sections 39, 58 and 68.