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A v B
[2017] 2 Lloyd's Rep 1
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.
ASSOCIATED BRITISH PORTS v TATA STEEL UK LTD
[2017] 2 Lloyd's Rep 11
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] 2 Lloyd's Rep 25
Arbitration – Appeal against award – Lack of jurisdiction – Conditions for order for grant of security – Arbitration Act 1996, sections 7, 67, 68 and 70(7).
GARD SHIPPING AS v CLEARLAKE SHIPPING PTE LTD (THE "ZALIV BAIKAL")
[2017] 2 Lloyd's Rep 38
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.
SAM PURPOSE AS v TRANSNAV PURPOSE NAVIGATION LTD (THE “SAM PURPOSE”)
[2017] 2 Lloyd's Rep 50
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.
BMO v BMP
[2017] 2 Lloyd's Rep 57
Arbitration – Law applicable to arbitration clause – Separability – Scope of arbitration clause – Loss of right to arbitrate by waiver, repudiation and estoppel.
OFFSHORE MARINE SERVICES ALLIANCE PTY LTD v LEIGHTON CONTRACTORS PTY LTD AND ANOTHER
[2017] 2 Lloyd's Rep 79
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] 2 Lloyd's Rep 93
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] 2 Lloyd's Rep 104
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.
AFRICAN EXPORT-IMPORT BANK AND OTHERS v SHEBAH EXPLORATION & PRODUCTION CO LTD AND OTHERS
[2017] 2 Lloyd's Rep 111
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.
MICROSOFT MOBILE OY (LTD) v SONY EUROPE LTD AND OTHERS
[2017] 2 Lloyd's Rep 119
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] 2 Lloyd's Rep 177
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.
GLENCORE INTERNATIONAL AG v MSC MEDITERRANEAN SHIPPING CO SA
[2017] 2 Lloyd's Rep 186
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.
STATI AND OTHERS v THE REPUBLIC OF KAZAKHSTAN
[2017] 2 Lloyd's Rep 201
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).
W NAGEL (A FIRM) v PLUCZENIK DIAMOND CO NV
[2017] 2 Lloyd's Rep 215
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
BHL v LEUMI ABL LTD
[2017] 2 Lloyd's Rep 237
Banking – Receivables Finance Agreement – Bank's discretion to charge collection fee for receivables collected by it – Exercise of discretion – Payment under mistake.
ELENI MARITIME LTD v HEUNG-A SHIPPING CO LTD AND OTHERS
[2017] 2 Lloyd's Rep 263
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.
ING BANK NV AND OTHERS v CANPOTEX SHIPPING SERVICES LTD AND OTHERS
[2017] 2 Lloyd's Rep 270
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.
SMITH v ALL OTHER PERSONS CLAIMING TO BE INTERESTED IN THE MV “ROSS REVENGE”
[2017] 2 Lloyd's Rep 288
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.
ASPEN UNDERWRITING LTD v KAIROS SHIPPING LTD AND OTHERS (THE “ATLANTIK CONFIDENCE”)
[2017] 2 Lloyd's Rep 295
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.
GARCIA v BIH (UK) LTD AND OTHERS
[2017] 2 Lloyd's Rep 310
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).
HOWELLS v BRITISH AIRWAYS PLC
[2017] 2 Lloyd's Rep 322
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.
PEIRES v BICKERTON'S AERODROMES LTD
[2017] 2 Lloyd's Rep 330
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] 2 Lloyd's Rep 338
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.
AUTORIDAD DEL CANAL DE PANAMÁ v SACYR SA AND OTHERS
[2017] 2 Lloyd's Rep 351
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.
DRY LOG BULK CARRIERS v PHAETHON INTERNATIONAL CO SA (THE “M/T BULK INDONESIA”)
[2017] 2 Lloyd's Rep 385
Charterparty – BIMCO Piracy Clause – Meaning of phrase “additional insurance costs”.
THE “POSIDON” AND ANOTHER MATTER
[2017] 2 Lloyd's Rep 390
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.
DAINFORD NAVIGATION INC v PDVSA PETROLEO SA (THE “MOSCOW STARS”)
[2017] 2 Lloyd's Rep 409
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).
DSA CONSULTANCY (FZC) v OWNER AND/OR DEMISE CHARTERER OF THE VESSEL “EUROHOPE”
[2017] 2 Lloyd's Rep 415
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.
UMS HOLDINGS LTD AND OTHERS v GREAT STATION PROPERTIES SA AND ANOTHER
[2017] 2 Lloyd's Rep 421
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] 2 Lloyd's Rep 448
Arbitration – Application for permission to appeal against rejection of challenge to award – Interim order for costs – Confidentiality following public hearing of appeal.
R (ON THE APPLICATION OF KNIGHT) v SECRETARY OF STATE FOR TRANSPORT
[2017] 2 Lloyd's Rep 453
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).
DELAWARE NORTH MARINE EXPERIENCE PTY LTD v THE SHIP “EYE-SPY”
[2017] 2 Lloyd's Rep 463
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.
MAXIMOV v OPEN JOINT STOCK COMPANY “NOVOLIPETSKY METALLURGICHESKY KOMBINAT”
[2017] 2 Lloyd's Rep 519
Arbitration – Award made in Russia – Award set aside by Russian courts – Whether award enforceable in England – Whether Russian courts were biased – New York Convention.
THE “DREAM STAR”
[2017] 2 Lloyd's Rep 538
Admiralty – Collision action – Vessels colliding off Singapore – Whether crossing rule or overtaking rule applied – Apportionment of liability – Collision Regulations 1972, rules 13 and 15.
ZAVOD EKRAN OAO v MAGNECO METREL UK LTD
[2017] 2 Lloyd's Rep 566
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).
BOSSEN AND OTHERS v BRUSSELS AIRLINES SA/NV
[2017] 2 Lloyd's Rep 571
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.
KAEFER AISLAMIENTOS SA DE CV v AMS DRILLING MEXICO SA DE CV AND OTHERS
[2017] 2 Lloyd's Rep 575
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.
MORPOL SA AND OTHERS v BLUE ANCHOR LINE AND ANOTHER
[2017] 2 Lloyd's Rep 593
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.
SECURE CAPITAL SA v CREDIT SUISSE AG
[2017] 2 Lloyd's Rep 599
Conflict of laws – 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.
UNION MARINE CLASSIFICATION SERVICES LLC v GOVERNMENT OF THE UNION OF COMOROS AND ANOTHER (NO 2)
[2017] 2 Lloyd's Rep 608
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.
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-WÜRTTEMBERGUBS LTD (THIRD PARTY)
[2017] 2 Lloyd's Rep 621
Banking – Single Tranche Collateralised Debt Obligations – Breach of fiduciary duty – Bribery – Whether agency relationship should be implied.