i-law

Lloyd's Law Reports Plus

KINGDOM OF SPAIN v LONDON STEAMSHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD FRENCH STATE v LONDON STEAMSHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD (THE “PRESTIGE”)

[2025] Lloyd's Rep Plus 1
Arbitration – Appeal against award – Whether arbitrator had jurisdiction to disregard judgment of Court of Justice of the European Union – Issue estoppel – Public policy – Equitable compensation – Award of injunction against a state – Damages in lieu of injunction – Arbitration Act 1996, sections 48, 66, 67 and 69 – State Immunity Act 1978, section 13 – Senior Courts Act 1981, section 50 – Brussels Regulation (EC) No 44/2001, articles 1 and 34.

MECK PETROLEUM DMCC v OWNER AND/OR DEMISE CHARTERER OF THE VESSEL “VICTOR 1” AND ANOTHER

[2025] Lloyd's Rep. Plus 2
Admiralty – Jurisdiction – Arrest – Statutory liens – Bareboat charterparties – Action in rem – Judicial sale – Effect of judicial sale on bareboat charterparty – High Court (Admiralty Jurisdiction) Act 1961 (2020 Rev Ed), section 4(4).

CHINA STAR CHEMICAL SHIPPING LTD v LINGYANG SHIPPING NAVIGATION LTD (THE MT “LINGYANG”)

[2025] Lloyd's Rep. Plus 3
Admiralty – Arrest – Wrong defendant – Setting aside – Wrongful arrest.

BOLUDA TOWAGE ROTTERDAM BV AND OTHERS v ELISE TANKSCHIFFAHRT KG AND ANOTHER (THE “VB REBEL”)

[2025] Lloyd's Rep. Plus 4
Admiralty – Jurisdiction – Vessel briefly grounding – Tug assisting with refloating – Masters of vessels signing Certificate of Safe Delivery containing London jurisdiction clause – Claim for salvage – Proceedings commenced in the Netherlands – Application for anti-suit injunction – Applications for setting aside and stay.

VALLIANZ SHIPBUILDING & ENGINEERING PTE LTD v OWNER OF THE VESSEL “ECO SPARK”

[2025] Lloyd's Rep. Plus 5
Admiralty – Admiralty jurisdiction and arrest – Action in rem – Definition of “ship” – Meaning of “vessel used in navigation” – Whether barge converted to floating fish farm a “ship” – High Court (Admiralty Jurisdiction) Act 1961, section 2 – Interpretation Act 1965.

UNICIOUS ENERGY PTE LTD v OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “ALPINE MATHILDE” (NO 2)

[2025] Lloyd's Rep. Plus 6
Admiralty – Sanctions – Vessel released from arrest – Damages for wrongful arrest.

BUGSBY PROPERTY LLC AND ANOTHER v OMNI BRIDGEWAY (FUND 5) CAYMAN INVESTMENT LTD AND ANOTHER

[2025] Lloyd's Rep. Plus 7
Arbitration – Appointment of arbitrator – Whether parties had entered into arbitration agreement – Scope of agreement – Arbitration Act 1996, sections 6 and 18.

MAERSK A/S v ALLIANZ SEGUROS Y REASEGUROS SA MAPFRE ESPAÑA COMPAÑÍA DE SEGUROS Y REASEGUROS SA v MACS MARITIME CARRIER SHIPPING GMBH & CO

[2025] Lloyd's Rep. Plus 8
Contracts (bills of lading) – Jurisdiction – Contract for the carriage of goods evidenced by a bill of lading – Jurisdiction clause incorporated in that bill of lading – Enforceability against the third-party holder of the bill of lading – Applicable law – National legislation requiring the individual and separate negotiation of the jurisdiction clause by the third-party holder of the bill of lading – Regulation (EU) No 1215/2012, article 25.

COSCO SHIPPING SPECIALIZED CARRIERS CO LTD v PT OKI PULP & PAPER MILLS AND OTHERS

[2025] Lloyd's Rep. Plus 9
Anti-suit injunction – Arbitration agreement – Whether arbitration agreement incorporated into bills of lading encompassing claim in tort – Exclusive jurisdiction clause – Whether letter of undertaking containing jurisdiction clause concluded – Non-contractual anti-suit injunction – Vexatious and oppressive.

YANGTZE NAVIGATION (ASIA) CO LTD AND ANOTHER v TPT SHIPPING LTD AND OTHERS

[2025] Lloyd's Rep. Plus 10
Service out – Good arguable case – Undisclosed principals – Letter of indemnity in respect of misdelivery of cargo – Principals of issuer of letter of indemnity – CPR 6.33.

SEATRIUM NEW ENERGY LTD (FORMERLY KNOWN AS KEPPEL FELS LTD) v HJ SHIPBUILDING & CONSTRUCTION CO LTD (FORMERLY KNOWN AS HANJIN HEAVY INDUSTRIES AND CONSTRUCTION CO LTD)

[2025] Lloyd's Rep. Plus 11
Contract – Breach – Whether sub-contractor’s duties under shipbuilding sub-contract breached – Variation – Effect of variation of sub-contract – Post-delivery warranty obligations – Tort – Negligence – Duty of care – Duty of care in addition to contractual duty of due care, skill and diligence.

EUROBANK SA v MOMENTUM MARITIME SA AND OTHERS

[2025] Lloyd's Rep. Plus 12
Ship finance – Mortgages – Bank claiming following loan default – Security over vessels – Vessels sold by port authority in private sale – Bank’s duties – Summary judgment.

CSL AUSTRALIA PTY LTD v TASMANIAN PORTS CORPORATION PTY LTD AND OTHERS (THE “GOLIATH”)

[2025] Lloyd's Rep. Plus 15
Admiralty – Limitation of liability – Limitation of liability for wreck removal claims – Reservation against limitation of claims for the removal of wreck – Two tugs becoming wreck as a result of allision – Removal of wrecks by port authority – Contracts – Standard terms – Whether port’s standard terms excluding right to limit liability for removal of wreck – Convention on Limitation of Liability for Maritime Claims 1976, article 2(1)(a) and (d) – Limitation of Liability for Maritime Claims Act 1989 (Cth).

GORDON v THE VESSEL “SOUTHERN STAR”

[2025] Lloyd's Rep. Plus 16
Admiralty – Party boat arrested – Caveats against release – Application by vessel owner for release from arrest – Commencement of charter imminent – Parties close to agreeing security for release – Vessel permitted to trade while under arrest pending agreement on security subject to conditions – Admiralty Act 1988 (Cth), sections 15, 17, 19 and 34.

DJURBERG v THAMES PROPERTIES (HAMPTON) LTD AND OTHERS

[2025] Lloyd's Rep. Plus 17
Maritime lien – Tort of interference with goods – Houseboat removed by defendants – Claimant asserting lien – Unpaid mooring charges – Liens.

OSV CREST MERCURY 1 v VISION PROJECTS TECHNOLOGIES PVT LTD

[2025] Lloyd's Rep. Plus 18
Admiralty – Arrest of vessel in support of arbitration – In rem proceedings – Personification theory – Procedural theory.

NATIXIS, SINGAPORE BRANCH v RAJAGOPALAN AND OTHERS

[2025] Lloyd's Rep. Plus 19
Admiralty – Insolvency – Bill of lading holding banks filing claims in rem – Secured creditors – Effect of filing writ in rem against vessel – Unfairly prejudicial – Insolvency, Restructuring and Dissolution Act 2018, sections 100 and 115.

ING BANK NV v INDUSTRIAL AND COMMERCIAL BANK OF CHINA LTD

[2025] Lloyd's Rep. Plus 20
Banking – Forum non conveniens – Documents against payment transaction – Buyer’s bank releasing documents to buyer – Stay – Clearly and distinctly more appropriate forum – ICC Uniform Rules for Collections 522.

RRY v NKX

[2025] Lloyd's Rep. Plus 21
Arbitration – Appeal for error of law – Refusal of permission to appeal – Application for permission to appeal against refusal – Time limits – Arbitration Act 1996, section 69 – CPR Part 52.

CETO SHIPPING CORPORATION v SAVORY SHIPPING INC (THE “VICTOR 1”)

[2025] Lloyd's Rep. Plus 22
Anti-suit injunction – Exclusive jurisdiction clause referring disputes to the English courts – Claimant pursuing proceedings in rem against proceeds of sale in Singapore – Proceedings in personam against defendant – Vexatious and oppressive.

MARE NOVA INC v ZHANGJIAGANG JIUSHUN SHIP ENGINEERING CO LTD

[2025] Lloyd's Rep. Plus 23
Shipbuilding – Defective repairs – Arbitration – Serious irregularity – Whether defence relied upon by arbitrator raised in arbitration – Error of law – Whether contract exempted shipyard from liability – Arbitration Act 1996, sections 68 and 69.

UNICREDIT BANK GMBH v RUSCHEMALLIANCE LLC

[2025] Lloyd's Rep. Plus 24
Arbitration – Anti-suit injunction – Whether court could revoke or vary permanent anti-suit injunction – CPR 3.1(7).

GENERAL DYNAMICS UNITED KINGDOM LTD v STATE OF LIBYA

[2025] Lloyd's Rep. Plus 25
Arbitration – Sovereign immunity – Whether state had waived execution immunity – State Immunity Act 1978, section 13.

REPUBLIC OF KAZAKHSTAN v WORLD WIDE MINERALS LTD AND OTHERS

[2025] Lloyd's Rep. Plus 26
Arbitration – Serious irregularity – Failure by tribunal to deal with issue put to it – Arbitration Act 1996, section 68(2)(d).

LITASCO SA v BANQUE EL AMANA SA

[2025] Lloyd's Rep. Plus 27
Standby letter of credit – Enforcement of payment – Effect of Mauritanian court orders preventing payment – Whether illegality in place of performance – Whether claimant submitted to jurisdiction of Mauritanian courts – Civil Jurisdiction and Judgments Act 1982, section 33.

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