- Home/Publications/Lloyd's Law Reports Plus
RAIFFEISEN ZENTRALBANK OSTERREICH AG v ROYAL BANK OF SCOTLAND PLC
[2011] Lloyd's Rep Plus 1
Banking - Syndicated loan - Misrepresentation - Whether false statements made - Inducement - Contractual estoppel - Exclusion of liability for misrepresentation - Measure of damages - Misrepresentation Act 1967, sections 2(1) and 3 - Unfair Contract Terms Act 1977, section 11.
PARBULK AS v KRISTEN MARINE SA AND ANOTHER
[2011] Lloyd's Rep Plus 2
Sale of ship - Sale and leaseback of newbuild vessels on Barecon terms - Buyer obtaining loan of purchase price from bank on terms that it should enter into swap agreements - Delay in construction of vessels - Buyer giving notice of cancellation - Sale agreement providing that in event of cancellation seller should pay buyer its "proven expenses" including "breakage cost with the Buyer's lenders" - Buyer seeking summary judgment for costs incurred in breaking swap agreements and other out-of-pocket expenses - Summary judgment - CPR Part 24.
MILNER AND ANOTHER v CARNIVAL PLC
[2011] Lloyd's Rep Plus 3
Damages - Contract - Breach - Cruise ship passengers claiming compensation for loss of enjoyment and wasted expenditure for ruined holiday - Appropriate measure of damages.
ZODIAC MARITIME AGENCIES LTD v FORTESCUE METALS GROUP LTD (THE "KILDARE")
[2011] Lloyd's Rep Plus 4
Charterparty (voyage) - Whether consecutive voyage charterparty repudiated by charterers' conduct - Quantum of damages.
RAINY SKY SA AND OTHERS v KOOKMIN BANK
[2011] Lloyd's Rep Plus 5
Contract - Guarantee - Shipbuilding contracts - Bank issuing advance payment bonds guaranteeing repayment to buyers of pre-delivery instalments of purchase price in certain events - Whether bond covered contractual repayments due from shipbuilder to buyers on insolvency of shipbuilder.
BLUE SKY ONE LTD AND OTHERS v MAHAN AIR AND OTHERS BALLI GROUP PLC AND OTHERS (THIRD PARTIES) PK AIRFINANCE US INC v BLUE SKY TWO LTD AND OTHERS
[2011] Lloyd's Rep Plus 6
Tort – Conversion – Measure of damages – Torts (Interference with Goods) Act 1977 – Frustration – Validity of mortgage on aircraft – Applicable law.
GLEDHILL v BENTLEY DESIGNS (UK) LTD
[2011] Lloyd's Rep Plus 7
Agency - Duty of good faith - Abusive comments made by agent to principal's managing director - Whether principal entitled to terminate agency.
COSCO BULK CARRIER CO LTD v TEAM-UP OWNING CO LTD (THE "SALDANHA")
[2011] Lloyd's Rep Plus 8
Charterparty (time) - Off-hire - Vessel seized by Somali pirates - Whether off-hire event - NYPE form, clause 15.
NOBLE DENTON MIDDLE EAST AND ANOTHER v NOBLE DENTON INTERNATIONAL LTD
[2011] Lloyd's Rep Plus 9
Arbitration - Appointment of arbitrator by court - Burden of proof - Arbitration Act 1996, sections 18 and 72.
GLOBAL KNAFAIM LEASING LTD AND ANOTHER v CIVIL AVIATION AUTHORITY AND ANOTHER EUROCONTROL AND OTHERS (INTERESTED PARTIES) AVIATION WORKING GROUP (INTERVENING)
[2011] Lloyd's Rep Plus 10
Carriage by air - Rights in aircraft - Aircraft detained under fleet lien power in respect of airport charges and route charges owed by insolvent aircraft operator - Lessor of aircraft arguing that detention contravening property rights under European Convention on Human Rights - Whether detention contravened EU competition law - European Convention of Human Rights, article 1 of First Protocol - Regulation (EC) No 1794/2006, article 14.3 - Treaty on the Functioning of the European Union, article 102.
BRODA AGRO TRADING (CYPRUS) LTD v ALFRED C TOEPFER INTERNATIONAL GMBH
[2011] Lloyd's Rep Plus 11
Arbitration - Jurisdiction - Denial of jurisdiction of arbitrators - Whether applicant entitled to relief under section 72 of the Arbitration Act 1996 - Extension of time for appeal under section 67 of the 1996 Act - Exercise of discretion - Arbitration Act 1996, section 80(5).
FR LURSSEN WERFT GMBH & CO KG v HALLE
[2011] Lloyd's Rep Plus 12
Conflict of laws - Jurisdiction - Claim by German shipbuilder against American purchaser of motor yacht for commission on sale of yacht to party introduced by claimant - Whether agreement for payment of commission governed by English law - Rome Convention, article 3.1.
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES v STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD HM TREASURY (INTERESTED PARTY)
[2011] Lloyd's Rep Plus 13
Insurance (marine) - Termination of cover by P&I Club - Whether contract affected by supervening illegality - Whether contract frustrated - International Convention on Civil Liability for Bunker Oil Pollution Damages 2001.
EMERALDIAN LTD PARTNERSHIP v WELLMIX SHIPPING LTD AND ANOTHER (THE "VINE")
[2011] Lloyd's Rep Plus 14
Demurrage - Delay in vessel getting to berth - Whether charterers waived requirement for port authority clearance - Whether delay counted as laytime - Whether "Partial interruption on port" - Whether delay beyond control of charterers - Whether charterers in breach of safe berth warranty.
THE OWNERS AND/OR DEMISE CHARTERERS OF THE DREDGER "KAMAL XXVI" AND THE BARGE "KAMAL XXIV" v THE OWNERS OF THE SHIP "ARIELA" THE OWNERS OF THE SHIP "ARIELA" v CATLIN (FIVE) LTD AND OTHERS
[2011] Lloyd's Rep Plus 15
Insurance - Costs - Insurers bringing subrogation action - Claim shown to be fraudulent - Whether insurers liable for defendant's costs - Whether privilege available to prevent disclosure of documents - Senior Courts Act 1981, section 51.
R (ON THE APPLICATION OF KIBRIS TURK HAVA YOLLARI AND ANOTHER) v SECRETARY OF STATE FOR TRANSPORT THE REPUBLIC OF CYPRUS (INTERESTED PARTY)
[2011] Lloyd's Rep Plus 16
Carriage (air) - Civil aviation - Public international law - Sovereignty - Meaning of territory of state party for the purpose of operating flights - Rights and entitlements of a state party to the Chicago Convention on International Civil Aviation 1944, articles 6 and 10 - Vienna Convention on the Law of Treaties 1969 - Costs.
CLAXTON ENGINEERING SERVICES LTD v TXM OLAJ-ES GAZKUTATO KFT
[2011] Lloyd's Rep Plus 17
Arbitration - Application for stay of English proceedings - Whether court should determine jurisdictional issue - Arbitration Act 1996, section 9 - Brussels Regulation, Council Regulation (EC) No 44/2001, articles 2 and 23.
OWNEAST SHIPPING LTD v QATAR NAVIGATION QSC (THE "QATAR STAR")
[2011] Lloyd's Rep Plus 18
Charterparty (Time) - Anti-technicality clause - Charterers failing to pay hire - Vessel withdrawn from service - Whether wrongfully withdrawn - Owners not giving anti-technicality notice - Charterers intending to make payment with deductions - Owners contending that deduction unjustifiable - Whether recklessness of charterers amounted to intention not to pay.
GLORY WEALTH SHIPPING PTE LTD v NORTH CHINA SHIPPING LTD (THE “NORTH PRINCE”)
[2011] Lloyd's Rep Plus 19
Charterparty (Time) – Damages – Sub-timecharter wrongfully repudiated by sub-charterers – Whether damages should reflect fact that disponent owners redelivered vessel to head owners prior to contractual expiry of sub-charter.
LOUIS DREYFUS COMMODITIES KENYA LTD v BOLSTER SHIPPING CO LTD (THE "GIORGIS CARRAS")
[2011] Lloyd's Rep Plus 20
Practice - Anti-suit injunction - Bill of lading incorporating London arbitration clause - Cargo receivers alleging cargo damage and bringing proceedings against carrier in Mexico - Carrier seeking to join shippers in Mexican proceedings - Whether carrier in breach of arbitration clause - Whether anti-suit injunction should be granted.
GHSP INC v AB ELECTRONIC LTD
[2011] Lloyd's Rep Plus 21
Sale of goods - Whether contract concluded on seller's terms, on buyer's terms or on other terms - Battle of the forms.
KG BOMINFLOT BUNKERGESELLSCHAFT FUR MINERALOELE MBH & CO v PETROPLUS MARKETING AG (THE "MERCINI LADY")
[2011] Lloyd's Rep Plus 22
Sale of goods (fob) - Contract for sale of gasoil - Goods complying with specification on shipment but failing to comply at discharge - Whether term implied in fob sale that goods would still be of satisfactory quality and in accordance with contractual specification following a normal voyage - Whether express term of contract had effect to exclude implied conditions as to quality and specification - Sale of Goods Act 1979, section 14(2).
REC WAFER NORWAY AS v MOSER BAER PHOTO VOLTAIC LTD
[2011] Lloyd's Rep Plus 23
Arbitration - Permanent anti-suit injunction - Whether proceedings in India were vexatious and oppressive - Whether applicant guilty of delay - Senior Courts Act 1981, section 37(1) - Arbitration Act 1996, section 44.
OCEANCONNECT UK LTD AND ANOTHER v ANGARA MARITIME LTD (THE "FESCO ANGARA")
[2011] Lloyd's Rep Plus 24
Jurisdiction - Anti-suit injunction - Proceedings in English court for negative declaratory relief - Proceedings in Louisiana in respect of US maritime lien - Whether English anti-suit injunction appropriate given terms of parties' escrow agreement for security to release vessel from arrest - Whether US proceedings vexatious and oppressive.
NOVASEN SA v ALIMENTA SA
[2011] Lloyd's Rep Plus 25
Arbitration - Jurisdiction - Contract for the sale of oil - FOSFA terms and arbitration clause - Buyer claiming to be a party - Undisclosed principal - Whether buyer a party to the sale - Separability of arbitration clause - Arbitration Act 1996, sections 7 and 67.
A v B
[2011] Lloyd's Rep Plus 26
Arbitration - Appeal against award for want of jurisdiction - Application by respondent for security for award - Whether order appropriate - Arbitration Act 1996, sections 67 and 70(7).
BEREZOVSKY AND ANOTHER v EDMISTON & CO LTD AND ANOTHER (THE "DARIUS")
[2011] Lloyd's Rep Plus 27
Agency - Yacht broker - Commission - Superyacht marketed on non-exclusive basis by broker - Sub-broker's contact obtained client - Whether broker entitled to commission - Whether broker effective cause of sale of yacht - Rate of commission payable - Whether sub-broker entitled to recover commission directly from seller.
GELDOF METAALCONSTRUCTIE NV v SIMON CARVES LTD
[2011] Lloyd's Rep Plus 28
Contract - Equitable set-off - Relevant principles - Claimant subcontractor concluding contract with defendant main contractor to supply pressure vessels - Claimant concluding separate contract with defendant to install storage tanks - Claimant claiming unpaid instalment of price under supply contract - Defendant seeking to set-off cross-claim for unliquidated damages under installation contract - Whether claimant entitled to summary judgment on claim under supply contract - Whether defendant entitled to set off cross-claim under installation contract - Construction of contractual set-off clause in supply contract.
AZIMUT-BENETTI SPA v HEALEY
[2011] Lloyd's Rep Plus 29
Contract - Penalty clause - Contract for construction and sale of luxury yacht - Whether termination clause a penalty or liquidated damages - Guarantee - Whether guarantor liable even if termination clause was a penalty.
SAFEWAY STORES LTD v TWIGGER
[2011] Lloyd's Rep Plus 30
Tort - Ex turpi causa - Claim by employer against employees for indemnity for fines imposed for breach of Competition Act 1998 - Whether claim barred by ex turpi causa principle - Whether claim barred by Competition Act 1998.
SOUFFLET NEGOCE v BUNGE SA
[2011] Lloyd's Rep Plus 31
Sale of goods (fob) - Contract for sale of feed barley - Sellers given liberty to complete loading if vessel "presented at the loading port in readiness to load within the delivery period" - Whether vessel had to be ready to load in sense required to serve a valid notice of readiness for the commencement of laytime - GAFTA 49.
EASYBIZ INVESTMENTS v SINOGRAIN AND ANOTHER (THE "BIZ")
[2011] Lloyd's Rep Plus 32
Arbitration - Jurisdiction - Commencement - Cargo interests giving single notice to shipowners to appoint an arbitrator in respect of disputes arising under 10 bill of lading contracts - Whether notice valid to commence 10 separate arbitrations - Arbitration Act 1996, section 67.
PACE SHIPPING CO LTD v CHURCHGATE NIGERIA LTD (THE "PACE") (NO 2)
[2011] Lloyd's Rep Plus 33
Carriage of goods by sea - Short delivery of cargo - Holder of spent bill of lading asserting that rights of suit had vested in it by statute and bringing claim for damages against carrier - Dispute as to whether claimant had title to goods - Claimant relying on statutory vesting of rights regardless of title - Whether claimant entitled to recover damages for benefit of owner of goods - Carriage of Goods by Sea Act 1992, sections 2(2)(a) and 2(4).
BOREALIS AB v GEOGAS TRADING SA
[2011] Lloyd's Rep Plus 34
Sale of goods - Damages - Causation - Sale of butane to be used as feedstock in buyer's olefin plant - Butane contaminated with fluorides producing harmful acids - Acids causing physical damage to buyer's plant - Seller contending that loss and damage would have been avoided had buyer responded appropriately to acid alarm at plant - Whether chain of causation broken - Relevant principles.
RE OCEANEERING INTERNATIONAL AG AND ANOTHER (THE "SARAH")
[2011] Lloyd's Rep Plus 35
Admiralty jurisdiction - Petitioners agreeing to supply remotely operated vehicle equipment to order of respondents - Equipment provided at location of respondents' offshore intervention vessel - Petitioners seeking to arrest vessel as security for claims under the agreement - Whether claim arising out of "the supply of goods or materials to a ship for her operation or maintenance" or "the construction, repair or equipment of any ship" - Administration of Justice Act 1956, section 47(2).
COMPANIA SUD AMERICANA DE VAPORES SA v SINOCHEM TIANJIN IMPORT AND EXPORT CORPORATION (THE "ACONCAGUA")
[2011] Lloyd's Rep Plus 36
Carriage by sea - Dangerous cargo - Explosion of cargo of calcium hypochlorite in container - Cargo stowed near bunker tank - Crew heating bunker tank during voyage - Charterers settling claim brought by shipowners - Whether charterers entitled to indemnity from shippers - Causation.
DOLPHIN TANKER SRL v WESTPORT PETROLEUM INC (THE "SAVINA CAYLYN")
[2011] Lloyd's Rep Plus 37
Arbitration - Award - Appeal on question of law - Admissibility of evidence on appeal - Charterparty (Time) - Whether vessel "failed on three consecutive oil major vetting reviews" - Meaning of "oil major" - Whether charterers entitled to terminate charter - Arbitration Act 1996, section 69 - Shelltime 4 form.
CLAXTON ENGINEERING SERVICES LTD v TXM OLAJ-ES GAZKUTATO KFT
[2011] Lloyd's Rep Plus 38
Practice - Anti-arbitration injunction - Whether court had jurisdiction to grant injunction restraining defendant from pursuing arbitration proceedings in Hungary - Whether court should grant injunction - Council Regulation (EC) No 44/2001 - Senior Courts Act 1981, section 37.
GLOBAL PROCESS SYSTEMS INC AND ANOTHER v SYARIKAT TAKAFUL MALAYSIA BERHAD (THE "CENDOR MOPU")
[2011] Lloyd's Rep Plus 39
Insurance (marine) - Cargo insurance - Oil rig transported on barge lost legs due to fatigue cracking - Whether loss due to perils of the sea - Exclusion for inherent vice - Proximate cause of loss - Institute Cargo Clauses (A) terms - Marine Insurance Act 1906, sections 39, 40 and 55.
FORTIS BANK SA/NV AND ANOTHER v INDIAN OVERSEAS BANK
[2011] Lloyd's Rep Plus 40
Banking - Letters of credit - Issuing bank refusing to pay under letters of credit - Whether documents complied with contract - Whether bill of lading date was date of shipment - Whether issuing bank precluded from relying on discrepancies - Whether issuing bank failed to return documents with reasonable promptness - UCP 600, article 16(c) and (f).
MASEFIELD AG v AMLIN CORPORATE MEMBER LTD (THE "BUNGA MELATI DUA")
[2011] Lloyd's Rep Plus 41
Insurance (marine) - Piracy - Theft - Vessel seized by pirates - Ransom paid and vessel and cargo released - Whether cargo became an actual total loss on seizure - Whether cargo became a constructive total loss on seizure - Legality of payment of ransom - Suing and labouring - Marine Insurance Act 1906, sections 57 and 78(4) - Theft Act 1968, section 6.
X v Y
[2011] Lloyd's Rep Plus 42
Arbitration - Time bar - Modified Centrocon arbitration clause - Consecutive voyage charter - Whether arbitration commenced within 12 months of final discharge or termination of charterparty.
GARNAT TRADING & SHIPPING (SINGAPORE) PTE LTD AND ANOTHER v BAOMINH INSURANCE CORPORATION
[2011] Lloyd's Rep Plus 43
Insurance (marine) - Voyage policy on floating dock - Damage suffered in tropical storm - Whether dock seaworthy - Voyage in stages - Whether assured failed to disclose material facts - Inducement and waiver - Marine Insurance Act 1906, sections 18(3) and 39.
ANTONIO GRAMSCI SHIPPING CORPORATION AND OTHERS v STEPANOVS
[2011] Lloyd's Rep Plus 44
Conflict of laws - Jurisdiction - Claimant shipowners alleging fraud on part of charterers - Claimants alleging that defendant was alter ego of chartering companies and perpetrated the fraud - Claimants seeking to pierce corporate veil to hold defendant liable - Claimants relying on English jurisdiction clause in charterparties to establish jurisdiction against defendant - Dispute as to which law governed issue of identity of parties to relevant contracts - Whether claimants and defendant consented to English jurisdiction - Regulation (EC) No 44/2001, article 23.
BRITISH ARAB COMMERCIAL BANK PLC v BANK OF COMMUNICATIONS AND ANOTHER
[2011] Lloyd's Rep Plus 45
Bank guarantees - Choice of law - Law applicable to a bank guarantee - Valid request for payment - Syrian law - Rome Convention 1980, articles 3 and 4 - Contracts (Applicable Law) Act 1990.
AXA SUN LIFE SERVICES PLC v CAMPBELL MARTIN LTD AND OTHERS AXA SUN LIFE SERVICES PLC v HARRY BENNETT & ASSOCIATES LTD AND ANOTHER AXA SUN LIFE SERVICES PLC v IDEAL FINANCIAL PLANNING LTD AXA SUN LIFE SERVICES PLC v KYMIN MORTGAGE SERVICES LTD AND OTHERS
[2011] Lloyd's Rep Plus 46
Insurance - Appointed Representative Agreement - Scope of entire agreement, set-off and conclusive evidence clauses - Whether clauses fell within Unfair Contract Terms Act 1977 - Whether clauses were reasonable - Unfair Contract Terms Act 1977, sections 3 and 11 - Misrepresentation Act 1967, section 3.
NORTH SHORE VENTURES LTD v ANSTEAD HOLDINGS INC AND OTHERS
[2011] Lloyd's Rep Plus 47
Loan - Guarantee - Liability of Guarantors - Whether creditor had failed to disclose material facts to Guarantor - Whether terms of loan agreement were valid or had been varied - Whether right to rely upon variation lost by the terms of the Guarantee.
B v S
[2011] Lloyd's Rep Plus 48
Practice - Freezing injunction - Jurisdiction - Arbitration clause - Parties entering into agreement for sale of sunflower seed oil - Buyers commencing arbitration proceedings against sellers - Buyers obtaining freezing injunction against sellers' assets - Whether arbitration clause precluded buyers from obtaining freezing injunction - Whether court had jurisdiction to grant injunction - FOSFA 54 - Arbitration Act 1996, section 44.
BRITANNIA BULK PLC (IN LIQUIDATION) v PIONEER NAVIGATION LTD AND ANOTHER BRITANNIA BULK PLC (IN LIQUIDATION) v BULK TRADING SA
[2011] Lloyd's Rep Plus 49
Contract - Forward freight agreements - Agreements terminating automatically on bankruptcy of defaulting party - Non-defaulting party thereby relieved from liabilities which it would have incurred had agreements continued - Whether non-defaulting party made a "gain" as a result of early termination - Whether non-defaulting party liable to make payment to defaulting party - ISDA 1992 Master Agreement, section 6(e).
PIONEER FREIGHT FUTURES CO LTD (IN LIQUIDATION) v TMT ASIA LTD
[2011] Lloyd's Rep Plus 50
Contract - Forward freight agreements - Earlier agreements concluded on FFABA 2005 Terms - Later agreements concluded on FFABA 2007 Terms - Claimant suffering bankruptcy Event of Default - Whether FFABA 2007 Terms applying retrospectively to earlier agreements - Whether Automatic Early Termination applied - Construction of FFABA Terms 2007, clauses 10, 21(b) and 21(d) - ISDA 1992 Master Agreement, section 6(e).
STAR REEFERS POOL INC v JFC GROUP LTD
[2011] Lloyd's Rep Plus 51
Conflict of laws - Jurisdiction - Applicable law of contract - Claimant owners bringing claim against Russian guarantor of charterparty expressly governed by English law - Guarantor not party to charterparty - Guarantee not providing for any express choice of law - Whether good arguable case that guarantee governed by English law - Whether English court appropriate forum - Rome Convention, article 3.
ARGO SYSTEMS FZE v LIBERTY INSURANCE (PTE) AND ANOTHER
[2011] Lloyd's Rep Plus 52
Insurance (marine) - TOWCON excluding liability for damage to vessel - Policy containing warranty against holding towers harmless - Whether warranty broken - Whether insurers estopped from relying on breach of warranty - Misrepresentation - Whether insurers waived right to avoid - Whether insurers entitled to recover damages under Misrepresentation Act 1967, section 2(1).
WEST TANKERS INC v ALLIANZ SPA AND ANOTHER (THE "FRONT COMOR")
[2011] Lloyd's Rep Plus 53
Arbitration - Enforcement of English award - Whether declaration is a means of enforcement - Effect of declaration on later EU judgment - Arbitration Act 1996, section 66 - European Council Regulation (EC) No 44/2001, articles 33 and 34.
EGLITIS AND ANOTHER v LATVIJAS REPUBLIKAS EKONOMIKAS MINISTRIJA
[2011] Lloyd's Rep Plus 54
Aviation - Compensation and assistance for aircraft passengers - Cancellation of flight - European Parliament and Council Regulation 261/2004/EC.
ENVIROCO LTD v FARSTAD SUPPLY A/S (THE "FAR SERVICE")
[2011] Lloyd's Rep Plus 55
Charterparty - Exemption clause allocating insurable risk between shipowners and charterers and their "Affiliates" - Vessel sustaining fire damage during cleaning of oil tanks by service company related to charterers - Whether service company entitled to benefit of exemption clause on basis that it was an "Affiliate" of charterers - Companies Act 1985, sections 736(1)(c) and 736A(6) and (7).
FORTIS BANK SA/NV AND ANOTHER v INDIAN OVERSEAS BANK
[2011] Lloyd's Rep Plus 56
Banking - Letters of credit - Issuing bank refusing to pay on basis of alleged discrepancies - Issuing bank precluded from relying on discrepancies because of failure to return documents with reasonable promptness - Beneficiary claiming damages against issuing bank for wrongful failure to honour letters of credit - Whether issuing bank in breach of contractual duty owed to beneficiary - Date by which documents ought to have been returned - Whether breach caused loss complained of - Whether beneficiary entitled to restitutionary remedy - UCP 600, articles 7 and 16.
MELINDA HOLDINGS SA v HELLENIC MUTUAL WAR RISKS ASSOCIATION (BERMUDA) LTD (THE "SILVA")
[2011] Lloyd's Rep Plus 57
Insurance (marine) - Seizure of vessel - Whether loss the result of "ordinary judicial process", "action taken for the purpose of enforcing or securing payment of a claim" or "any financial cause of any nature" - Suing and labouring clause - Effect of breach.
TTMI SARL v STATOIL ASA (THE "SIBOHELLE")
[2011] Lloyd's Rep Plus 58
Arbitration - Jurisdiction - Claimant commencing arbitration against defendant charterers - Defendant disputing existence of contract with claimant - Defendant relying on fixture recap which erroneously specified a different party as owners - Whether fixture recap constituted binding charterparty between claimant and defendant - Whether charterparty created by performance - Whether arbitration agreement sufficiently evidenced in writing - Arbitration Act 1996, sections 5(3) and 67.
JSC BTA BANK v ABLYAZOV AND OTHERS
[2011] Lloyd's Rep Plus 59
Arbitration - Stay of proceedings - Alleged invalidity of loans - Whether arbitration clauses in loan agreements were invalid - Burden of proof.
ROTENBERG v SUCAFINA SA
[2011] Lloyd's Rep Plus 60
Arbitration - Interim award - Whether interim award final and binding or merely provisional - Whether extension of time should be granted Arbitration Act 1996, sections 39, 47, 58 and 79.
SALDANHA v FULTON NAVIGATION INC (THE "OMEGA KING")
[2011] Lloyd's Rep Plus 61
Practice Conflict of laws - Jurisdiction - Forum non conveniens - Indian crewmember of Marshall Islands vessel sustaining personal injury whilst vessel at anchor in United Kingdom territorial waters - Crewmember obtaining default judgment against shipowner - Shipowner challenging jurisdiction Whether relevant jurisdiction that of vessel's flag or of littoral state - Whether forum non conveniens - Whether default judgment should be set aside Private International Law (Miscellaneous Provisions) Act 1995, section 11 - CPR 13.3(1).
CARBOEX SA v LOUIS DREYFUS COMMODITIES SUISSE SA
[2011] Lloyd's Rep Plus 62
Charterparty (Voyage) - Demurrage - Strike - Berth charter - Exceptions clause providing that time not to count if discharge delayed by strike - Vessel delayed in getting into berth due to congestion caused by after-effects of strike - Strike ending before vessel berthed - Whether delay counted as laytime - AmWelsh form, clause 9.
SUEK AG v GLENCORE INTERNATIONAL AG (THE "HANG TA")
[2011] Lloyd's Rep Plus 63
Sale of goods (cif) - Demurrage - Notice of readiness - Contract providing that notice of readiness to be given on arrival at discharge berth but "if berth is occupied on arrival" NOR could be given at usual waiting place whether in berth or not - Carrying vessel arriving at discharge port but unable to reach berth because of congestion and because of tidal conditions - Master tendering NOR at usual waiting place - Whether NOR validly tendered.
TRANSPETROL MARITIME SERVICES LTD v SJB (MARINE ENERGY) BV (THE "ROWAN")
[2011] Lloyd's Rep Plus 64
Charterparty (Voyage) - Tanker voyage charter - Owners warranting vessel "approved" by specified oil majors - Construction of warranty - Whether owners in breach of warranty following imposition of Class condition.
GREAT EASTERN SHIPPING CO LTD v FAR EAST CHARTERING LTD AND ANOTHER (THE "JAG RAVI")
[2011] Lloyd's Rep Plus 65
Contract - Letter of indemnity - Shipowners delivering cargo without production of bills of lading - Whether shipowners entitled to enforce letter of indemnity issued by receivers - Whether "delivery" under letter of indemnity - Whether receivers entitled to rely on defence of public policy - Contracts (Rights of Third Parties) Act 1999.
SOVAREX SA v ROMERO ALVAREZ SA
[2011] Lloyd's Rep Plus 66
Arbitration - Award - Enforcement - Award creditor seeking to enforce FOSFA arbitration award as a judgment - Award debtor had denied existence of underlying contract and brought proceedings in Spain for declaration of non-liability - Spanish court dismissed proceedings on procedural grounds - Whether award debtor lost right to object to enforcement by participating in arbitration - Whether summary enforcement procedure appropriate to determine disputed issues of fact - Whether English judgment would constitute interference with jurisdiction of Spanish court - Whether English court bound to recognise interim orders of Spanish court dismissing award creditor's application for stay of Spanish proceedings in favour of arbitration - Whether court should decline jurisdiction on lis alibi pendens or forum non conveniens grounds - Arbitration Act 1996, sections 66 and 73 - Council Regulation (EC) No 44/2001, article 33(1).
KOTONOU v NATIONAL WESTMINSTER BANK PLC
[2011] Lloyd's Rep Plus 67
Banking – Standby letter of credit – Whether creditor owed duty of care to debtor – Whether creditor owed duty of care to director of debtor – Whether claim amounted to abuse of process.
AES UST-KAMENOGORSK HYDROPOWER PLANT LLP v UST-KAMENOGORSK HYDROPOWER PLANT JSC
[2011] Lloyd's Rep Plus 68
Arbitration - Anti-suit injunction - Claim to prevent action being pursued in Kazakh courts in breach of arbitration clause - Judgment of court holding that there was no arbitration clause - Jurisdiction of English court to grant relief - Jurisdiction of English court to give permission for service out - Whether Kazakh judgment should be recognised - Arbitration Act 1996, sections 1(c) and 44 - Senior Courts Act 1981, section 37 - Civil Procedure Rules, rule 62(5) and Practice Direction 6, para 3.1(6) and (20) - Civil Jurisdiction and Judgments Act 1982, sections 32 and 33.
SUMMERS v HAVARD
[2011] Lloyd's Rep Plus 69
Sale of goods - Transfer of title by non-owner - Whether purchaser obtained title to goods sold by agent without authorisation - Factors Act 1889, section 2(1).
GLORY WEALTH SHIPPING PTE LTD v KOREA LINE CORPORATION (THE MV "WREN")
[2011] Lloyd's Rep Plus 70
Charterparty (Time) - Damages - Charterers wrongfully redelivering vessel early - Measure of damages - No available long-term charter market at date of termination - Relevance of later emergence of available long-term charter market - New York Produce Exchange form.
EXCALIBUR VENTURES LLC v TEXAS KEYSTONE INC AND OTHERS
[2011] Lloyd's Rep Plus 71
Arbitration - Jurisdiction - Anti-arbitration injunction - Claimant commencing arbitration in New York and judicial proceedings in England - Dispute as to parties to arbitration clause - Whether defendant entitled to anti-arbitration injunction - Whether claimant entitled to stay of its own English proceedings - Senior Courts Act 1981, section 37 - Brussels Regulation (EC) No 44/2001, article 2.
BARCLAYS BANK PLC v NYLON CAPITAL LLP
[2011] Lloyd's Rep Plus 72
Expert determination - Scope of mandate - Application for stay of substantive judicial proceedings - Whether court should stay proceedings or determine scope of mandate.
STRIBOG LTD v FKI ENGINEERING LTD AND ANOTHER
[2011] Lloyd's Rep Plus 73
Conflict of laws - Jurisdiction - Stay of English action - Proceedings commenced in Germany - Unrelated proceedings commenced in England - New cause added to German proceedings - Whether the proceedings were related - Whether the English or German court was first seised of the issues raised in the new case - Brussels Regulation, Council Regulation (EC) No 44/2001, articles 28 and 30.
MERITZ FIRE AND MARINE INSURANCE CO LTD v JAN DE NUL NV AND ANOTHER
[2011] Lloyd's Rep Plus 74
Guarantee - Advance payment guarantees for shipbuilding contracts - Whether guarantor discharged by variations of the shipbuilding contracts - Whether corporate changes limited defendant's right to make contractual demands triggering liability under the guarantees - Uniform Rules for Demand Guarantee of the International Chamber of Commerce (ICC) 1992.
SPRINGWELL NAVIGATION CORPORATION v JP MORGAN CHASE BANK AND OTHERS
[2011] Lloyd's Rep Plus 75
Banking – Claimant suffering investment losses – Whether defendant bank owed duty of care to give advice – Whether bank guilty of misrepresentation – Effect of restriction of duties in contractual documents – Unfair Contract Terms Act 1977 – Misrepresentation Act 1967, section 3 – Force majeure.
PIONEER FREIGHT FUTURES CO LTD (IN LIQUIDATION) v COSCO BULK CARRIER CO LTD
[2011] Lloyd's Rep Plus 76
Contract - Forward freight agreements - Agreements terminating automatically on bankruptcy of defaulting party - Whether agreements expiring prior to automatic termination to be brought into "wash-out" calculation - ISDA 1992 Master Agreement, section 6(e).
YUKOS CAPITAL SARL v OJSC ROSNEFT OIL CO
[2011] Lloyd's Rep Plus 77
Arbitration - Recognition and enforcement of award - Award annulled by Russian courts - Amsterdam courts refusing to recognise annulment - Whether award to be recognised and enforced in England - Issue estoppel - Act of State - Non-justiciability.
R G GRAIN TRADE LLP v FEED FACTORS INTERNATIONAL LTD
[2011] Lloyd's Rep Plus 78
Sale of goods - Buyers rejecting goods and documents - Whether certificates of quality and condition final and binding - Whether buyers entitled to reject documents - Whether fibre content provision a condition precedent - GAFTA terms - Arbitration Act 1996, section 69.
DOWANS HOLDING SA AND ANOTHER v TANZANIA ELECTRIC SUPPLY CO LTD
[2011] Lloyd's Rep Plus 79
Arbitration - Enforcement of award - New York Convention - Award given in Tanzania and under appeal to courts of Tanzania - Whether enforcement should be refused or proceedings stayed - Whether security should be given as condition of stay - Arbitration Act 1996, sections 103(2)(f) and 103(5).
PIONEER FREIGHT FUTURES CO LTD (IN LIQUIDATION) V TMT ASIA LTD
[2011] Lloyd's Rep Plus 80
Contract - Forward freight agreements - Claimant suffering bankruptcy Event of Default - Defendant's payment obligations suspended during subsistence of default - Whether suspended payment obligations to be taken into account for netting purposes for relevant Contract Months - ISDA 1992 Master Agreement, sections 2(a)(i), 2(a)(iii) and 2(c).
ANTHRACITE RATED INVESTMENTS (JERSEY) LTD v LEHMAN BROTHERS FINANCE SA (IN LIQUIDATION) FONDAZIONE ENASARCO v LEHMAN BROTHERS FINANCE SA AND ANOTHER
[2011] Lloyd's Rep Plus 81
Contract - Derivative Agreements - Complex financial structures devised by Lehman Brothers to provide principal protection for investors - Agreements terminating early following insolvency of Lehman Brothers in 2008 - Insolvency constituting Event of Default - Construction of early termination provisions - Calculation of Non-defaulting Party's "Loss" for purpose of close-out payment - ISDA 1992 Master Agreement, sections 6(e) and 14.
JIVRAJ v HASHWANI
[2011] Lloyd's Rep Plus 82
Arbitration - Appointment of arbitrator - Arbitration clause imposing religious requirement - Whether clause valid - Whether an arbitrator was an employee - Employment Equality (Religion or Belief) Regulations 2003.
GARNAT TRADING & SHIPPING (SINGAPORE) PTE LTD AND ANOTHER v BAOMINH INSURANCE CORPORATION
[2011] Lloyd's Rep Plus 83
Insurance (marine) - Voyage policy on floating dock - Damage suffered in tropical storm - Whether dock seaworthy - Voyage in stages - Whether assured failed to disclose material facts - Inducement and waiver - Marine Insurance Act 1906, sections 18(3) and 39.
THE "SAMCO EUROPE" AND "MSC PRESTIGE"
[2011] Lloyd's Rep Plus 84
Collision action - Vessels colliding at night in Gulf of Aden - Liability for collision - Apportionment of liability.
AFRICAN FERTILIZERS AND CHEMICALS NIG LTD (NIGERIA) v BD SHIPSNAVO GMBH & CO REEDEREI KG
[2011] Lloyd's Rep Plus 85
Arbitration - Declaratory award - Enforcement - Arbitration Act 1996, section 66 - European Council Regulation (EC) No 44/2001 (Brussels Regulation), article 34.
DUNAVANT ENTERPRISES INC v OLYMPIA SPINNING & WEAVING MILLS LTD
[2011] Lloyd's Rep Plus 86
Sale of goods - "Invoicing back" clauses - Sale of cargoes of cotton bales for export - Contract closed out pursuant to Rules of International Cotton Association - Close-out calculation resulting in seller being liable to make payment to buyer - Whether seller entitled to rely on contractual exemption clause - International Cotton Association Bylaws 102 and 201, and Rules 225 and 226.
NML CAPITAL LTD v REPUBLIC OF ARGENTINA
[2011] Lloyd's Rep Plus 87
State immunity - Judgment given against Argentina in New York court - Application to English court of permission to serve out of the jurisdiction a claim to enforce the judgment - Whether order should be set aside - Civil Jurisdiction and Judgments Act 1982, section 31 - Civil Procedure Rules, rule 6.37(1) - State Immunity Act 1978, sections 2 and 3.
LINSEN INTERNATIONAL LTD AND OTHERS v HUMPUSS SEA TRANSPORT PTE LTD AND OTHERS
[2011] Lloyd's Rep Plus 88
Practice - Freezing injunction - Piercing of corporate veil - Whether corporate abuse - Whether veil could be pierced so as to make certain defendants liable under underlying charterparties and guarantees - Whether injunction should be continued - Whether claimants entitled to invoke Chabra jurisdiction - CPR Practice Direction 6B, para 3.1(3).
THAI MAPARN TRADING CO LTD v LOUIS DREYFUS COMMODITIES ASIA PTE LTD
[2011] Lloyd's Rep Plus 89
Sale of goods (fob) - Buyers nominating carrying vessel but giving insufficient notice of vessel's ETA - Sellers rejecting nomination - Whether buyers' notice valid - Whether sellers' rejection repudiatory - Damages - GAFTA Form 120.
ARASH SHIPPING ENTERPRISES CO LTD v GROUPAMA TRANSPORT SVERIGES ANGFARTYGS ASSURANS FORENING (INTERVENING)
[2011] Lloyd's Rep Plus 90
Insurance (marine) - Renewal of policy - Whether renewal provisions contravened Iranian sanctions - European Council Regulation (EU) No 961/2010.
A AND OTHERS v B AND ANOTHER
[2011] Lloyd's Rep Plus 91
Arbitration - London Court of International Arbitration - Removal of arbitrator - Unconscious bias - barrister arbitrator involved in case for solicitors for a party - Serious irregularity - Arbitration Act 1996, sections 24, 33 and 68.
GLENCORE ENERGY (UK) LTD v SONOL ISRAEL LTD (THE "TEAM ANMAJ")
[2011] Lloyd's Rep Plus 92
Sale of goods - Demurrage - Whether demurrage provisions in sale contract constituted freestanding obligation or indemnity - Date of accrual of obligation to pay demurrage - Whether sellers' claim for demurrage time-barred.
MOBILE TELESYSTEMS FINANCE SA v NOMIHOLD SECURITIES INC
[2011] Lloyd's Rep Plus 93
Arbitration - Application for permission to enforce award - Application granted - Freezing order granted - Application to set aside permission to enforce award - Whether freezing order should contain an exception allowing ordinary use of assets - Arbitration Act 1996, section 66 - CPR Part 62.18.
PT BUANA SAMUDRA PRATAMA v MARINE MUTUAL INSURANCE ASSOCIATION (NZ) LTD (THE "BUANA DUA")
[2011] Lloyd's Rep Plus 94
Insurance (marine) - Institute Time Clauses Hulls - Warranty against use of vessel for towage services - Vessel running aground en route to participate in towage - Whether breach of warranty - Whether held covered clause could be relied upon - Effect of follow leader clause - Fraudulent means and devices.
NATIONAL SHIPPING COMPANY OF SAUDI ARABIA v BP OIL SUPPLY CO (THE "ABQAIQ")
[2011] Lloyd's Rep Plus 95
Charterparty (Voyage) - Demurrage - Whether claim compromised - Whether claim time-barred.
SANGHVI v CATHAY PACIFIC AIRWAYS
[2011] Lloyd's Rep Plus 96
Aviation - Claimant missing flight connection in Hong Kong - Compensation for delay - Meaning of "flight" - European Parliament and Council Regulation 261/2004/EC.
DAWKINS v CARNIVAL PLC (T/A P&O CRUISES)
[2011] Lloyd's Rep Plus 97
Carriage of passengers by sea - Passenger on defendant's cruise ship slipping on floor of ship's restaurant and sustaining personal injury - Whether incident due to "fault or neglect" of carrier's servants - Burden of proof - Athens Convention 1974, article 3(1) and 3(3).
RAINY SKY SA AND OTHERS v KOOKMIN BANK
[2011] Lloyd's Rep Plus 98
Contract - Guarantee - Shipbuilding contracts - Bank issuing Advance Payment Bonds guaranteeing repayment to buyers of pre-delivery instalments of purchase price in certain events - Whether bond covered contractual repayments due from shipbuilder to buyers on insolvency of shipbuilder.
SOEXIMEX SAS v AGROCORP INTERNATIONAL PTE LTD
[2011] Lloyd's Rep Plus 99
Arbitration - Serious irregularity - Failure by arbitrators to consider all issues raised before them - Whether award should be remitted - Arbitration Act 1996, section 68(2)(d).
MIOM 1 LTD AND ANOTHER v SEA ECHO ENE
[2011] Lloyd's Rep Plus 100
Practice - Costs - Collision action - Trial judge holding claimants and defendant equally responsible for collision - Defendant making pre-trial offer to settle case on basis that each ship equally to blame - Whether offer complied with CPR 61.4(12) - Whether defendant should pay claimants' costs prior to offer on basis that there was no timeous counterclaim - Whether claimants entitled to take time-bar point - CPR Part 61.
SSL INTERNATIONAL PLC AND ANOTHER v TTK-LIG LTD AND OTHERS
[2011] Lloyd's Rep Plus 101
Practice - Service of originating proceedings - Claimants personally serving director of foreign company within jurisdiction - Whether good service on company - Whether company carrying on business within jurisdiction - Whether injunction should be granted against company - Whether permission should be given for service out of jurisdiction - CPR Part 6.5(3)(b).
PARBULK II A/S v HERITAGE MARITIME LTD SA (THE "MAHAKAM")
[2011] Lloyd's Rep Plus 102
Charterparty (bareboat) - Termination - Owners terminating bareboat charter for charterers' failure to pay instalments of hire - Whether owners waived right to terminate by making subsequent demands for payment of hire - Whether charterers in repudiatory breach - Whether charter validly terminated - BARECON 2001.
PACIFIC BASIN IHX LTD v BULKHANDLING HANDYMAX AS (THE "TRITON LARK")
[2011] Lloyd's Rep Plus 103
Charterparty (Time) - Charterers instructing vessel to carry cargo via Suez and Gulf of Aden - Vessel proceeded via Cape of Good Hope because of risk of piracy - Liability for extra cost of proceeding via Cape - Whether passage round Cape constituted a deviation - CONWARTIME 1993.
BNP PARIBAS SA v OPEN JOINT STOCK COMPANY RUSSIAN MACHINES AND ANOTHER
[2011] Lloyd's Rep Plus 104
Arbitration - Anti-suit injunction - Whether court had jurisdiction to give permission for service outside the jurisdiction - Whether serious issue to be tried - Discretion - CPR 62.1(b) and (c) - CPR Practice Direction 6B, paras 3.1(3) and (6).
A LLOYD'S SYNDICATE v X
[2011] Lloyd's Rep Plus 105
Arbitration - Expert witness - Application for injunction to restrain expert giving evidence - Privileged and confidential information.