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HALLIBURTON CO v CHUBB BERMUDA INSURANCE LTD

[2021] 1 Lloyd's Rep 1

Arbitration – Removal of arbitrator – Potential bias – Test for potential bias – Whether arbitrator should have disclosed other later appointments – Arbitration Act 1996, sections 24 and 33.

DAELIM CORPORATION v BONITA CO LTD AND OTHERS (THE “DL CARNATION”)

[2021] 1 Lloyd's Rep 37

Practice – Injunction to preserve assets in support of arbitration proceedings – Claimant and defendant each asserting debt as against third party – Third-party debtor willing to pay to whomever it was obliged to pay – Defendant refusing to agree to debt being paid into joint account on appropriate terms – Claimant obtaining ex parte injunction restraining defendant from taking steps to recover debt from third party – Whether injunction should be discharged – Arbitration Act 1996, section 44(3).

LENKOR ENERGY TRADING DMCC v PURI

[2021] 1 Lloyd's Rep 47

Recognition and enforcement of foreign judgment – Ground for refusing enforcement – Public policy – Illegality.

JENNINGS v TUI UK LTD (T/A THOMSON CRUISES)

[2021] 1 Lloyd's Rep 61

Admiralty – Personal injury action – Claimant sustaining injury on fixed walkway while disembarking from cruise ship – Whether incident occurred in course of carriage – Whether Athens Convention applied – Whether incident caused by fault or neglect of cruise operator – Whether defendants liable under Package Travel Regulations – Athens Convention 1974, articles 1(8) and 3 – Package Travel, Package Holidays and Package Tours Regulations 1992.

MAHAPATRA v TUI UK LTD

[2021] 1 Lloyd's Rep 71

Admiralty – Personal injury action – Claimant sustaining injury on fixed walkway while disembarking from cruise ship – Whether injury occurred in course of carriage – Whether Athens Convention applied – Whether defendant entitled to summary judgment – Whether claimant entitled to amend particulars of claim to include new claim based on Package Travel Regulations – Athens Convention 1974, articles 1(8) and 3 – Package Travel, Package Holidays and Package Tours Regulations 1992 – Civil Procedure Rules 17.4(2) and 24.

ALEXANDER BROTHERS LTD (HONG KONG SAR) v ALSTOM TRANSPORT SA AND ANOTHER

[2021] 1 Lloyd's Rep 79

Arbitration – Enforcement of award – Public policy – Failure to disclose material facts to judge – Issue estoppel – Arbitration Act 1996, section 103.

FIMBANK PLC v DISCOVER INVESTMENT CORPORATION (THE “NIKA”)

[2021] 1 Lloyd's Rep 109

Practice – Freezing injunction – Claimant bank asserting claim against defendant shipowner for delivery of cargo without production of bills of lading – Claimant obtaining freezing injunction on ex parte basis – Defendant applying to discharge injunction – Whether good arguable case on the merits – Whether claimant make full and frank disclosure.

FEDERAL REPUBLIC OF NIGERIA v PROCESS & INDUSTRIAL DEVELOPMENTS LTD

[2021] 1 Lloyd's Rep 121

Arbitration – Extension of time for an appeal – Enforcement order made – Discovery of alleged fraud – Appeal against the award – Extension of time – Arbitration Act 1996, sections 67, 68, 70(3) and 80(5).

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

[2021] 1 Lloyd's Rep 150

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.

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

[2021] 1 Lloyd's Rep 169

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).

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

[2021] 1 Lloyd's Rep 177

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), articles 10(1) and (2).

GRACE OCEAN PRIVATE LTD v MV “BULK POLAND”

[2021] 1 Lloyd's Rep 194

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).

GUARDIAN OFFSHORE AU PTY LTD v SAAB SEAEYE LEOPARD 1702 REMOTELY OPERATED VEHICLE LATELY ON BOARD THE SHIP “OFFSHORE GUARDIAN” AND ANOTHER

[2021] 1 Lloyd's Rep 201

Admiralty jurisdiction – Action in rem against remotely operated underwater vessel (ROV) – Whether ROV a “ship” – Whether court had in rem jurisdiction – Admiralty Act 1988 (Cth), section 3.

KELLETT v RCL CRUISES LTD AND OTHERS

[2021] 1 Lloyd's Rep 213

Negligence – Package holiday – Plaintiff sustaining personal injury in course of “White Knuckle Jet Boat Thrill Ride” – Whether cruise line operator and travel agent liable – Package Holidays and Travel Trade Act 1995, section 20.

BRIDGEHOUSE (BRADFORD NO 2) LTD v BAE SYSTEMS PLC

[2021] 1 Lloyd's Rep 225

Arbitration – Stay of proceedings – Application for order consequent on restoration of company to register – Scope of arbitration clause – Arbitrability – Public policy – Arbitration Act 1996, sections 7, 9 and 48 – Companies Act 2006, section 1028.

PAO TATNEFT v UKRAINE

[2021] 1 Lloyd's Rep 240

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).

SEPTO TRADING INC v TINTRADE LTD (THE “NOUNOU”)

[2021] 1 Lloyd's Rep 258

Sale of goods (fob) – Cargo of fuel oil – Whether Certificate of Quality binding – Whether cargo complied with contractual specification – Measure of damages.

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

[2021] 1 Lloyd's Rep 274

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 – Whether shipyard had valid in rem claim against vessel.

A v B

[2021] 1 Lloyd's Rep 281

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.

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

[2021] 1 Lloyd's Rep 299

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.

OCBC WING HANG BANK LTD v KAI SEN SHIPPING CO LTD (THE YUE YOU 903)

[2021] 1 Lloyd's Rep 329

Practice Stay of proceedings in favour of arbitration Whether bills of lading incorporated charterparty arbitration agreement Whether court should grant stay Arbitration Ordinance (Cap 609).

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

[2021] 1 Lloyd's Rep 337

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.

SRS MIDDLE EAST FZE v CHEMIE TECH DMCC

[2021] 1 Lloyd's Rep 371

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.

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

[2021] 1 Lloyd's Rep 385

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.

HELICE LEASING SAS v PT GARUDA INDONESIA (PERSERO) TBK

[2021] 1 Lloyd's Rep 395

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.

JIANGSU GUOXIN CORPORATION LTD v PRECIOUS SHIPPING PUBLIC CO LTD

[2021] 1 Lloyd's Rep 413

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.

MVV ENVIRONMENT DEVONPORT LTD v NTO SHIPPING GMBH & CO KG (THE “NORTRADER”)

[2021] 1 Lloyd's Rep 429

Arbitration – Jurisdiction – Carrier bringing arbitration proceedings against shipper named in bill of lading on basis of incorporated arbitration clause – Whether named shipper was party to contract of carriage – Whether arbitration tribunal had jurisdiction.

P&O PRINCESS CRUISES INTERNATIONAL LTD v THE DEMISE CHARTERERS OF THE VESSEL “COLUMBUS”

[2021] 1 Lloyd's Rep 440

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.

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

[2021] 1 Lloyd's Rep 451

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.

CH OFFSHORE LTD v INTERNAVES CONSORCIO NAVIERO SA AND OTHERS

[2021] 1 Lloyd's Rep 465

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.

LIPTON AND ANOTHER v BA CITY FLYER LTD

[2021] 1 Lloyd's Rep 484

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

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

[2021] 1 Lloyd's Rep 500

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.

PREMIER CRUISES LTD v DLA PIPER RUS LTD AND ANOTHER

[2021] 1 Lloyd's Rep 511

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

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

[2021] 1 Lloyd's Rep 533

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.

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

[2021] 1 Lloyd's Rep 543

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.

TRAFIGURA MARITIME LOGISTICS PTE LTD v CLEARLAKE SHIPPING PTE LTD (THE “MIRACLE HOPE”) (NO 3)

[2021] 1 Lloyd's Rep 552

Practice – Mandatory injunction – Voyage charterers and sub-voyage charterers ordered to provide security to release vessel from arrest by bank – Failure to reach agreement with bank on terms of guarantee – Time charterers seeking variation of injunction orders – Whether orders should be varied – Whether payment into court should be ordered.

ALEGROW SA v YAYLA AGRO GIDA SAN VE NAK AS

[2021] 1 Lloyd's Rep 565

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.

Lloyd's Law Reports