i-law.com

BOTTIGLIERI DI NAVIGAZIONE SpA v COSCO QINGDAO OCEAN SHIPPING COMPANY (THE “BUNGA SAGA LIMA”)

[2005] 2 Lloyd's Rep. 1

Arbitration - Award - Leave to appeal - Time charter required vessel to be grain clean on delivery - Vessel known by charterers not to be grain clean on delivery but charterers nevertheless loaded iron ore cargo at first loadport without objection - Delays at second loadport caused by charterers loading grain cargo - Arbitrators concluded that vessel was not off-hire at second loadport and that owners were not in breach of cleanliness warranties in charter - Whether arbitrators erred in law - Whether serious irregularity - Arbitration Act 1996, sections 68 and 69.

DAVIS v STENA LINE LIMITED

[2005] 2 Lloyd's Rep. 13

Carriage of passengers by sea - Athens Convention - Passenger falling overboard from “ro-ro” ferry and drowning before being rescued - Whether ferry owners liable.

METAL DISTRIBUTORS (UK) LTD v ZCCM INVESTMENT HOLDINGS PLC

[2005] 2 Lloyd's Rep. 37

Arbitration - Jurisdiction of arbitrators - Set-off - Claim within scope of arbitration clause - Counterclaim outside scope of arbitration clause - Whether arbitrators empowered to hear counterclaim by way of set-off - Transactional and independent set-off - Arbitration Act 1996, schedule 67 - Arbitration Act 1996, schedules 30 and 67.

NATIONAL INSURANCE AND GUARANTEE CORPORATION LTD v M YOUNG LEGAL SERVICES LTD

[2005] 2 Lloyd's Rep. 46

Arbitration - Underwriting agency - Termination of agency’s authority - Request by underwriters for agency’s records - Application for interim injunction requiring disclosure - Arbitration Act 1996, schedule 44.

RE-SOURCE AMERICA INTERNATIONAL LTD v PLATT SITE SERVICES LTD

[2005] 2 Lloyd's Rep. 50

Bailment - Negligent destruction of property - Measure of damages - Spools owned by third party deposited in claimant’s warehouse - Spools to be refurbished by claimant - Spools destroyed by fire caused by negligence of Part 20 defendant - Whether claimant entitled to cost of new spools or whether deduction from damages to be made reflecting cost of refurbishment.

SEISMIC SHIPPING INC AND ANOTHER v TOTAL E&P UK PLC (THE “WESTERN REGENT”)

[2005] 2 Lloyd's Rep. 54

Limitation of liability - Claimants’ vessel damaging defendant’s oil installation - Claimants bringing limitation proceedings against defendant pursuant to Convention on Limitation of Liability for Maritime Claims 1976 - Whether court had jurisdiction to hear claim when no underlying legal or arbitration proceedings in existence in England - Whether antisuit injunction should be granted to restrain proceedings brought by defendant against claimants in Texas.

LAURITZENCOOL AB v LADY NAVIGATION INC AND ANOTHER

[2005] 2 Lloyd's Rep. 63

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 owners from employing vessels outside pool pending arbitration - Whether injunction would in practice compel vessels to remain in pool - Whether injunction should be granted.

NORTH STAR SHIPPING LTD v SPHERE DRAKE INSURANCE PLC

[2005] 2 Lloyd's Rep. 76

Insurance (marine war risks) - Vessel destroyed by explosive device - Whether sufficient evidence to show complicity of assured in loss - Misrepresentation and non-disclosure - Whether outstanding criminal and civil proceedings a material fact - Significance of dismissal of proceedings before loss - Whether impecuniosity of assured a material fact - Marine Insurance Act 1906, section 18(2).

SEB TRYGG HOLDING AKTIEBOLAG v MANCHES

[2005] 2 Lloyd's Rep. 129

Arbitration - Sale of shares in insurance company - Disputes to be referred to arbitration - Seller merging and changing name - Alleged default by buyer - Arbitration proceedings commenced by solicitors in seller’s original name - Counterclaim by buyer - Whether arbitration proceedings a nullity - Whether there was express, implied or ostensible authority for the commencement of proceedings - Whether participation in proceedings ratified by new company.

OT AFRICA LINE LTD v MAGIC SPORTSWEAR CORPORATION AND OTHERS

[2005] 2 Lloyd's Rep. 170

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.

ARKIN v BORCHARD LINES LTD AND OTHERS

[2005] 2 Lloyd's Rep. 187

Practice - Costs - Professional funder - Whether funder should be ordered to pay costs of successful defendants. Practice - Costs - Part 20 proceedings - Defendants successfully defended claims in main action and recovered costs against claimant - Claimant impecunious and unlikely to be able to satisfy costs orders - Apportionment of costs as between defendants in main action and defendants in Part 20 proceedings.

ARGO FUND LIMITED v ESSAR STEEL LIMITED

[2005] 2 Lloyd's Rep. 203

Banking - Banks entering into syndicated loan facility agreement with borrower - Investment company purchasing debt on secondary debt market - Purchaser alleging borrower in breach of facility agreement by failing to repay debt on date due - Whether purchaser entitled to claim under facility agreement as transferee or assignee of debt.

CONCORD TRUST v LAW DEBENTURE TRUST CORPORATION PLC

[2005] 2 Lloyd's Rep. 221

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.

MARUBENI HONG KONG AND SOUTH CHINA LTD v GOVERNMENT OF MONGOLIA

[2005] 2 Lloyd's Rep. 231

Guarantee - Agency - Contract of sale - Goods supplied by Hong Kong company to Mongolian company - Sums due guaranteed by letter signed by Mongolian Minister of Finance - Subsequent variation of contract of sale - Claim under the guarantee - Whether Minister of Finance expressly authorised to grant guarantee - Whether Mongolian Government held out Minister as having authority by legal opinion from Deputy Minister of Justice - Whether guarantee an on demand bond or a guarantee of purchaser’s performance - Whether Mongolian Government discharged as guarantor by subsequent variations to contract of sale.

REPUBLIC OF ECUADOR v OCCIDENTAL EXPLORATION AND PRODUCTION COMPANY

[2005] 2 Lloyd's Rep. 240

International law - Doctrine of non-justiciability - Bilateral Investment Treaty between USA and Republic of Ecuador - Treaty providing for disputes to be determined by arbitration - Californian “investor” granted exclusive rights by Ecuador state owned company to explore for oil - Disputes arising between investor and Ecuador relating to refund of VAT payments - Dispute referred to arbitration in London - Award in favour of investor - Ecuador seeking to challenge award under section 67 of the Arbitration Act 1996 - Whether English court precluded from hearing application by reason of doctrine of non-justiciability.

WEST TANKERS INC v RAS RIUNIONE ADRIATICA DI SICURTA “THE FRONT COMOR”

[2005] 2 Lloyd's Rep. 257

Arbitration - Anti-suit injunction - Arbitration claim for uninsured loss in England - Subrogation claim for insured loss in Italy - Italian court first seised of judicial proceedings - Whether arbitration clause binding on insurers exercising subrogation rights - Law governing the transfer of subrogation rights - Law applicable to arbitration clause - Effect of New York Convention 1958, article II.3 - Whether insurers in breach of arbitration clause.

NATIONAL WESTMINSTER BANK PLC v SPECTRUM PLUS LTD

[2005] 2 Lloyd's Rep. 275

Banking - Charge over book debts - Whether fixed or floating charge - Siebe Gorman & Co Ltd v Barclays Bank Ltd [1979] 2 Lloyd’s Rep 142 wrongly decided - Whether Siebe Gorman to be overruled retrospectively or prospectively.

LESOTHO HIGHLANDS DEVELOPMENT AUTHORITY v IMPREGILO SPA

[2005] 2 Lloyd's Rep. 310

Arbitration - Currency of award - Scope of power of court to express award in foreign currency - Power of arbitrators to award interest where law applicable to contract restricts interest - Effect of breach of duty by arbitrators -Whether error of law or excess of powers - Arbitration Act 1996, sections 48(4), 49(3), 68(2)(b) and 69.

IPCO (NIGERIA) LTD v NIGERIAN NATIONAL PETROLEUM CORPORATION

[2005] 2 Lloyd's Rep. 326

Arbitration - Foreign award - Enforcement - Nigerian arbitration award made in favour of contractors - English court making ex parte order enforcing award - Application by employers to set aside order alternatively for enforcement of award to be adjourned - Security - Arbitration Act 1996 section 103.

BHATIA SHIPPING AND AGENCIES PVT LTD v ALCOBEX METALS LTD

[2005] 2 Lloyd's Rep. 336

Carriage of goods - Multimodal transport - Goods carried from Mumbai to England to be delivered in exchange for original multimodal transport documents - Goods released without production of original documents - Multimodal operator claiming declaration against shipper that any claim by shipper under multimodal transport documents was now time-barred - Whether court had jurisdiction - Whether court ought to make negative declaration sought.

HSBC RAIL (UK) LIMITED v NETWORK RAIL INFRASTRUCTURE LIMITED (Formerly Railtrack plc)

[2005] 2 Lloyd's Rep. 343

Negligence - Rolling stock damaged as result of Hatfield crash - Rolling stock leased by owner to train operating company at time of crash - Insurer paying for repairs and bringing subrogated proceedings in name of owner of rolling stock - Owner of rolling stock having reversionary interest only - Whether owner entitled to sue - Whether damage to rolling stock constituted permanent injury - Whether insurer entitled to sue in reversioner’s name by way of subrogation.

NBTY EUROPE LTD (formerly known as Holland & Barrett Europe Ltd) v NUTRICIA INTERNATIONAL BV

[2005] 2 Lloyd's Rep. 350

Contract - Sale of shares - Dispute arising in relation to adjustment to consideration - Whether binding settlement agreement concluded - Whether parties at cross-purposes - Whether evidence of negotiations admissible - True construction of agreement.

SEISMIC SHIPPING INC AND ANOTHER v TOTAL E&P UK PLC (THE “WESTERN REGENT”)

[2005] 2 Lloyd's Rep. 359

Limitation of liability - Claimants’ vessel damaging defendant’s oil installation - Claimants bringing limitation proceedings against defendant pursuant to Convention on Limitation of Liability for Maritime Claims 1976 - Whether court had jurisdiction to hear claim when no underlying legal or arbitration proceedings in existence in England - Whether antisuit injunction should be granted to restrain proceedings brought by defendant against claimants in Texas.

SQUIRRELL LTD v NATIONAL WESTMINSTER BANK PLC (CUSTOMS AND EXCISE INTERVENING)

[2005] 2 Lloyd's Rep. 374

Banking - Allegations of VAT fraud by customer - Bank freezing customer’s account without giving reasons - Application to require bank to unfreeze account - Obligation of bank under Proceeds of Crime Act 2002, section 328.

THROUGH TRANSPORT MUTUAL INSURANCE ASSOCIATON (EURASIA) LTD v NEW INDIA ASSURANCE CO LTD (NO 2)

[2005] 2 Lloyd's Rep. 378

Arbitration - Application to English court for appointment of arbitrator - Judicial proceedings taking place in Finland - Whether English court had jurisdiction to appoint arbitrator - Whether insurer exercising subrogation rights bound by arbitration clause - Whether court should exercise discretion to appoint arbitrator - Arbitration Act 1996, section 18.

WESTERN BULK CARRIERS K/S v LI HAI MARITIME INC (THE “LI HAI”)

[2005] 2 Lloyd's Rep. 389

Charter-party (Time) - Hire - Non-payment - Anti-technicality clause - Withdrawal of vessel - Whether underpayment of hire - Relevance of fact that charterers entitled to reimbursement for off-hire between date hire due and date of withdrawal - Whether owners estopped from entitlement to withdraw vessel in respect of small deductions from hire - Whether owners gave notice of withdrawal in accordance with clause - Whether owners estopped from withdrawing vessel for non-payment of US$500.

RIYAD BANK v AHLI UNITED BANK (UK) PLC

[2005] 2 Lloyd's Rep. 409

Banking - Claimant bank acquiring Sharia-compliant investment Fund - Defendant bank entering into Technical Services Agreement with claimant - Defendant required to evalue and propose leases for acquisition by Fund - Value of leases failing to reach expected level of performance - Whether defendant owed duty of care to avoid negligent misrepresentation - Whether duty broken - Mitigation of loss - Whether action precluded by Indemnity Clause or waiver.

ABBOTT v CONDICI LTD AND ANOTHER

[2005] 2 Lloyd's Rep. 450

Commercial agent - Agent retiring aged 65 - Whether entitled to compensation - Commercial Agents (Council Directive) Regulations 1993.

CARVILL AMERICA INCORPORATED RK CARVILL & CO LTD v CAMPERDOWN UK LTD XL SPECIALITY INSURANCE CO

[2005] 2 Lloyd's Rep. 457

Reinsurance - Conflict of laws - Liability for brokerage - US insurers appointing brokers in US to place reinsurance - Agreement providing that brokers would be paid by reinsurers as was customary - Reinsurance placed in England - Reinsured ending appointment of brokers - Action by brokers against reinsurers seeking brokerage - Whether reinsured a necessary and proper party to the proceedings - Whether agreement excluded liability of reinsured for brokerage - Whether custom and practice in London market that reinsurers alone liable for brokerage - Whether England the most appropriate forum for hearing of action against reinsured - CPR, rr 6.20.3 and 6.21(2A).

HYUNDAI MERCHANT MARINE CO LTD v FURNESS WITHY (AUSTRALIA) PTY (THE “DORIC PRIDE”)

[2005] 2 Lloyd's Rep. 470

Charter-party (Time) - Off-hire - Vessel chartered for trip from US Gulf to South Korea - Charterers directed vessel to load at New Orleans - Vessel ordered by US Coast Guard to await security clearance before entering Mississippi River - Whether vessel “detained” within meaning of off-hire clause - Whether delay caused by USCG - Whether delay “occasioned by calling port of trading under this charter” - Whether owners entitled to damages under implied indemnity for complying with charterers’ directions.

CANMER INTERNATIONAL INC v UK MUTUAL STEAMSHIP ASSURANCE ASSOCIATION (BERMUDA) LTD (THE “RAYS”)

[2005] 2 Lloyd's Rep. 479

Letter of undertaking - Three arbitrations heard concurrently to determine claims between cargo owners, voyage charterers, time-charterers and shipowners - Award in favour of time-charterers against shipowners requiring payment of principal sum in addition to indemnity - Time-charterers arresting vessel after shipowners’ failure to pay principal sum - P&I Club giving undertaking to procure release of vessel - Whether undertaking limited to payment of costs - Whether time-charterers precluded by estoppel, collateral contract or rectification from making demand on Club for principal sum - Whether any sum in fact due from shipowners to time-charterers.

CETELEM SA v ROUST HOLDINGS LTD

[2005] 2 Lloyd's Rep. 494

Practice - Share sale agreement containing arbitration clause - Disputes arising under agreement - Purchaser applying to High Court prior to commencement of arbitration seeking urgent interim mandatory injunction to enforce term of agreement - High Court granting order - Application to Court of Appeal for permission to appeal - Whether Court of Appeal had jurisdiction to entertain application - Whether High Court had jurisdiction to make order - Arbitration Act 1996, subsections 44(3) and 44(7).

FIDELITY MANAGEMENT SA v MYRIAD INTERNATIONAL HOLDINGS BV

[2005] 2 Lloyd's Rep. 508

Arbitration - Serious irregularity - Dispute as to whether condition precedent satisfied by derogation granted by competition authorities - Whether arbitrators failed to deal with an issue before them - Arbitration Act 1996, section 68(2)(d).

FRIENDS PROVIDENT LIFE & PENSIONS LTD v SIRIUS INTERNATIONAL INSURANCE

[2005] 2 Lloyd's Rep. 517

Insurance (professional indemnity) - Primary layer policy imposing condition precedent that claims be notified as soon as possible during period of insurance - Excess layer policies incorporating terms of primary layer policy - Effect of incorporation - Whether extended cover under first layer policy incorporated into excess layer policies - Whether notification to brokers appointed by primary layer insurers was also given to excess layer policies - Whether notification clause a condition precedent to liability - Effect of breach of notification clause if not a condition precedent.

LINELEVEL LTD v POWSZECHNY ZAKLAD UBEZPIECZEN SA (THE “NORE CHALLENGER”)

[2005] 2 Lloyd's Rep. 534

Insurance (marine) - Damage to tug - Insurable interest of bareboat charterers, owners and managers - Whether loss caused by perils of the sea - Institute Time Clauses Hulls 1983 - Duty of assured to sue and labour - Marine Insurance Act 1906, section 78(4) - Amount of recovery.

GLIDEPATH BV AND OTHERS v THOMPSON AND OTHERS

[2005] 2 Lloyd's Rep. 549

Practice - Application by non-party for copies of documents on court record - Court proceedings stayed pursuant to section 9 Arbitration Act 1996 - Applicant not party to arbitration agreement - Whether court documents subject to rules of confidentiality attaching to arbitral proceedings - CPR 5.4(5).

KONKOLA COPPER MINES PLC v COROMIN

[2005] 2 Lloyd's Rep. 555

Reinsurance - Conflict of laws - Mine in Zambia insured by local and Bermuda insurers - Reinsurers placed in London market - Claim brought by mine owner against insurers in Zambia under specific perils cover and against insurers in England under all risks cover - Reinsurers joined as Part 20 defendants to English proceedings - Whether English proceedings should be stayed pending determination of Zambian proceedings - Whether reinsurance incorporated Zambian jurisdiction clause from direct policy - Whether clause providing for exclusive jurisdiction - Whether English court had jurisdiction to stay proceedings - Council Regulation 44/2001, articles 2 and 27.

LAFARGE (AGGREGATES) LIMITED v LONDON BOROUGH OF NEWHAM

[2005] 2 Lloyd's Rep. 577

Arbitration - Award - Jurisdiction - Construction contract providing that notice to refer dispute to arbitration must be served within three months of adjudicator’s decision and that any notice shall be deemed to be served two working days following service - Whether arbitrator had jurisdiction to determine dispute - Whether notice to refer served within three months of adjudicator’s decision - Whether Saturday a “working day” - Arbitration Act 1996, section 67.

TRIODOSBANK NV v DOBBS

[2005] 2 Lloyd's Rep. 588

Banking - Guarantee - Summary judgment - Defendant personally guaranteeing sums owing by company “under or pursuant” to loan agreement - Loan agreement subsequently “replaced” by new loan agreements - Whether subsequent agreements constituted variation discharging defendant from liability - Whether defendant estopped by convention from denying liability under guarantee - Whether bank entitled to summary judgment.

WILLIS MANAGEMENT (ISLE OF MAN) LTD v CABLE AND WIRELESS PLC

[2005] 2 Lloyd's Rep. 597

Existence of contract - Damages sought by claimants on the basis of fraud and breach of fiduciary duty in respect of diverted insurance premiums - Negotiations between the parties taking place after proceedings issued - Letter sent by claimant asking whether defendant accepted responsibility for the fraud - Letter signed and returned by defendant but with caveat - Whether binding agreement concluded between parties.

ADVENT CAPITAL PLC v ELLINAS IMPORTS-EXPORTS LTD

[2005] 2 Lloyd's Rep. 607

Insurance (cargo) - Conflict of laws - Insurance subject to English exclusive jurisdiction provisions - Assureds bringing action in Cyprus - Insurers obtaining anti-suit injunction in England - Cyprus acceding to Council Regulation 44/2001 - Insurers then commencing action for negative declaratory relief - Whether declaratory action contravened first seised rule in Regulation 44/2001 - Whether anti-suit injunction should be discharged - Council Regulation 44/2001, articles 23 and 66.

CARISBROOKE SHIPPING CV5 v BIRD PORT LTD (THE “CHARLOTTE C”)

[2005] 2 Lloyd's Rep. 626

Negligence - Occupiers’ liability - Vessel sustaining bottom damage - Whether damage caused while vessel berthed at defendant’s port - Whether damage caused by steel coil at bottom of berth - Whether defendant in breach of duty of care - Damages - Whether loss of profits to be assessed on basis of increased rate of hire for later voyage - Whether claimant entitled to recover for loss of superintendent’s time - Whether claimant entitled to recover “agency” of one per cent of proved damages.

DEMCO INVESTMENTS & COMMERCIAL SA v SE BANKEN FORSAKRING HOLDING AKTIEBOLAG

[2005] 2 Lloyd's Rep. 650

Arbitration - Application for permission to appeal on point of law - Arbitrators finding that pensions had been mis-sold - Allegations that arbitrators had reached conclusion in absence of evidence, applied wrong burden of proof and disregarded evidence - Whether question of law arose - Whether arbitrators’ conclusions obviously wrong - Arbitration Act 1996, section 69.

JP MORGAN EUROPE LTD v PRIMACOM AG AND OTHERS

[2005] 2 Lloyd's Rep. 665

Banking - Conflict of laws - Disputes arising under loan agreement containing exclusive English jurisdiction clause - Borrower bringing proceedings in Germany - Bank subsequently bringing proceedings in England - Court first seised - Whether proceedings involving same cause of action - Whether actions were related - Whether court should exercise discretion to stay English proceedings - European Council Regulation 44/201, articles 27 and 28.

ROYAL & SUN ALLIANCE INSURANCE PLC AND ANOTHER v MK DIGITAL FZE (CYPRUS) LTD AND OTHERS

[2005] 2 Lloyd's Rep. 679

Carriage by road - CMR - Jurisdiction - Second defendant contracted with second claimant for carriage of second defendant’s goods from France - Second claimant understood goods to be carried to UK - Goods lost during transit in France - Claimants bringing proceedings in England for declaration of non-liability - Second defendant bringing proceedings in France asserting second claimant in breach of contract - Second defendant applying to set aside or stay English proceedings - Whether second claimant CMR carrier or freight forwarder - Whether “place designated for delivery” was UK or Italy - Whether action “pending” in France - Whether French and English actions involved same cause of action or related claims - Whether doctrine of forum non conveniens applicable - CMR article 31; EC Council Regulation 44 of 2001, articles 27, 28 and 30.

SEA SUCCESS MARITIME INC v AFRICAN MARITIME CARRIERS LTD

[2005] 2 Lloyd's Rep. 692

Charter-party (Time) - Clause requiring master to reject “any cargo that is subject to clausing of the bills of lading” - Shippers tendering damaged cargo - Master rejecting cargo on basis that it was “subject to clausing” on bills of lading - Whether master entitled to refuse to load cargo.

TEKTROL LTD v INTERNATIONAL INSURANCE CO OF HANOVER LTD

[2005] 2 Lloyd's Rep. 701

Insurance (business interruption) - Loss of source code by virus and by subsequent burglary - Policy excluding loss of information on computer systems in ohr records directly or indirectly caused by malicious persons - Whether loss of source code directly or indirectly caused by virus - Whether loss by burglary covered by policy.

OCCIDENTAL EXPLORATION AND PRODUCTION CO v THE REPUBLIC OF ECUADOR

[2005] 2 Lloyd's Rep. 707

Arbitration - Arbitration under provisions Bilateral Investment Treaty between US and Ecuador - Dispute between US company and Ecuador - Award in favour of Ecuador - Challenge to jurisdiction of arbitrators - Whether court able to adjudicate on the application - Principle of non-justiciability of rights arising under agreements between sovereign states - Arbitration Act 1996, section 67.

PIRTEK (UK) LTD v DEANSWOOD LTD AND ANOTHER

[2005] 2 Lloyd's Rep. 728

Arbitration - Award - Interest - Arbitrator awarding damages for breach of franchise agreement - No previous claim made for interest - Arbitrator subsequently purporting to make additional award of interest on amount outstanding - Whether additional award made in time - Whether court should extend time - Whether arbitrator had jurisdiction to make such award - Arbitration Act 1996, sections 57 and 79 - British Franchise Association Arbitration Scheme rules.

ABSALOM (ON BEHALF OF SYNDICATE 957 AT LLOYD’S) v TCRU LTD

[2005] 2 Lloyd's Rep. 735

Reinsurance - Broker - Entitlement to commission - Premium paid by way of deposit premium with subsequent payments based on adjustment - Broker’s entitlment to commission “15 per cent applicable to deposit premium and minimum rate” - Whether broker entitled to commission on both deposit premium and on adjusted premium.

GOLDEN STRAIT CORPORATION v NIPPON YUSEN KUBISHIKA KAISHA

[2005] 2 Lloyd's Rep. 747

Charter-party (Time) - Damages - Each party having right to cancel charter in event of war between UK 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 - Arbitration Act 1996, section 69.

LAW DEBENTURE TRUST CORPORATION PLC (THE) v ELEKTRIM FINANCE BV AND OTHERS

[2005] 2 Lloyd's Rep. 755

Arbitration - Dispute as to whether claimant bound by arbitration clause - Action by claimant for declaration that clause not operative - Application for stay by defendant - Whether court or arbitrators should determine jurisdiction issue - Arbitration Act 1996, sections 9 and 72 - Construction of arbitration clause.

MORA SHIPPING INC v AXA CORPORATE SOLUTIONS ASSURANCE SA

[2005] 2 Lloyd's Rep. 769

Insurance (marine) - Conflict of laws - Jurisdiction - Insurers subscribing to average guarantee - Payment to be either to cargo owners or to average adjusters - Demand by average adjusters for payment in England - Proceedings commenced against insurers in England - Whether English courts had jurisdiction over insurers - Place of performance of the obligation in question - Council Regulation 44/2001, article 5.

PROTECH PROJECTS CONSTRUCTION (PTY) LTD v AL-KHARAFI & SONS

[2005] 2 Lloyd's Rep. 779

Arbitration - Sub-contract relating to airport construction works - Disputes between main contractor and earthworks sub-contractor - Arbitration awards made in favour of sub-contractor - Application by main contractor to set aside awards under section 68 of the Arbitration Act 1996 - Whether awards tainted by serious irregularity.

Lloyd's Law Reports