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GN v ZU (AS ADMINISTRATOR IN THE INSOLVENCY OF NIKI LUFTFAHRT GMBH)
[2020] Lloyd's Rep. Plus 1
Carriage of passengers by air – Air carrier liability in the event of accidents – Concept of “accident” – Spillage of a cup of coffee placed on the tray table of a seat – Bodily injuries caused to the passenger – Convention for the Unification of Certain Rules for International Carriage by Air 1999 (Montreal Convention), article 17(1).
MINISTER OF FINANCE AND ANOTHER v INTERNATIONAL PETROLEUM INVESTMENT CO AND ANOTHER
[2020] Lloyd's Rep. Plus 2
Challenge to arbitration award – Jurisdiction and serious irregularity – Parties agreeing that disputes arising about an award were to be arbitrated – Whether English court should stay proceedings pending second arbitration – Whether anti-arbitration should be granted – Arbitration Act 1996, sections 67 and 68 – Senior Courts Act 1981, section 37.
W BOCKSTIEGEL GMBH & CO REEDEREI KG MS “BBC COLORADO” v CHILENA CONSOLIDADA SEGUROS GENERALES SA
[2020] Lloyd's Rep. Plus 3
Dispute resolution – Anti-suit injunction – Matter arising out of or having some connection with general average guarantee.
HARMONY INNOVATION SHIPPING PTE LTD v CARAVEL SHIPPING INC (THE “UNIVERSAL BREMEN”)
[2020] Lloyd's Rep. Plus 4
Practice – Mandatory injunction – Letter of indemnity – Cargo of coal discharged without bills of lading – Head charterer and sub-charterer providing back-to-back letters of indemnity – Bank arresting vessel in Singapore – Court granting head charterer mandatory injunction requiring sub-charterer to provide security and take all necessary steps to secure release of vessel – Sub-charterer applying to discharge injunction – Whether triable issue that cargo had been delivered - Whether injunction should be discharged.
CLASSIC MARITIME INC v LIMBUNGAN MAKMUR SDN BHD AND ANOTHER
[2020] Lloyd's Rep. Plus 5
Charterparty – Contract of affreightment – Long-term contract for carriage of iron ore pellets from Brazil to Malaysia – Bursting of dam stopping production of iron ore – Owner claiming damages from charterer for failure to make shipments following dam burst – Whether charterer entitled to rely on force majeure clause – Whether owner entitled to substantial damages.
RUBICON VANTAGE INTERNATIONAL PTE LTD v KRISENERGY LTD
[2020] Lloyd's Rep. Plus 6
Guarantee – Parent company of bareboat charterer providing guarantee to owner – Owner making demand on guarantor in respect of works carried out to vessel prior to commencement of charter – Whether “on-demand” or “see-to-it” guarantee – Whether demand valid – Whether guarantor liable.
ODYSSEY AVIATION LTD v GFG 737 LTD
[2020] Lloyd's Rep. Plus 7
Sale of aircraft – Aircraft Sale and Purchase Agreement – Buyer purporting to terminate agreement for seller’s breach of warranty as to title and for failing to fulfil conditions precedent – Whether termination valid – Seller purporting to terminate agreement for buyer’s failure to pay balance of purchase price – Whether termination valid – Whether seller entitled to summary judgment for return of deposit – Whether buyer entitled to summary judgment for return of deposit.
OZMEN ENTERTAINMENT PTY LTD AND ANOTHER v NEPTUNE HOSPITALITY PTY LTD (THE “SEADECK”)
[2020] Lloyd's Rep. Plus 8
Joint venture – Fiduciary duty – Second applicant and respondent entering into joint venture agreement to operate business offering luxury cruises on Sydney Harbour – First applicant demise-chartering vessel to second applicant and respondent jointly for purpose of joint venture – Whether respondent in breach of joint venture agreement – Whether respondent in breach of fiduciary duty – Whether joint venture agreement validly terminated by second applicant – Whether charterparty validly terminated by first applicant.
BOSKALIS OFFSHORE MARINE CONTRACTING BV v ATLANTIC MARINE AND AVIATION LLP (THE “ATLANTIC TONJER”)
[2020] Lloyd's Rep. Plus 9
Charterparty (Time) – BIMCO Supplytime 2017 Charter Party for Offshore Support Vessels – Interpretation of payments clause 12(e).
GA-HYUN CHUNG v SILVER DRY BULK CO LTD
[2020] Lloyd's Rep. Plus 10
Arbitration – Jurisdiction – Validity of appointment of arbitrator – Whether claimant’s challenge was to “substantive jurisdiction” – Whether effect of Marshall Islands statute was to extend life of company after dissolution to enable arbitration proceedings to be served on it – Arbitration Act 1996, section 67.
VTB COMMODITIES TRADING DAC v JSC ANTIPINSKY REFINERY
[2020] Lloyd's Rep. Plus 11
Arbitration – Jurisdiction – Application to court for preliminary ruling on jurisdiction – Whether arbitration agreement repudiated – Scope of arbitration clause – Arbitration Act 1996, section 32.
REPUBLIC OF KOREA v DAYYANI AND OTHERS
[2020] Lloyd's Rep. Plus 12
Arbitration – Jurisdiction – Bilateral investment treaty –Meaning of “investment – Vienna Convention on the Law of Treaties 1969 – Arbitration Act 1996, section 67.
ENKA INSAAT VE SANAYI AS v OOO “INSURANCE COMPANY CHUBB” AND OTHERS
[2020] Lloyd's Rep. Plus 13
Arbitration – Anti-suit injunction – Dispute as to scope of arbitration clause – Proceedings brought in Russian courts – Law applicable to arbitration clause – Criteria for grant of anti-suit injunction – Senior Courts Act 1981, section 37.
BNA v BNB AND ANOTHER
[2020] Lloyd's Rep. Plus 14
Arbitration – Law applicable to arbitration agreement – Whether applicable law followed main agreement or seat – Whether seat of arbitration in PRC or Singapore.
LI LIAN INTERNATIONAL LTD AND OTHERS v HERPORT HONG KONG LTD AND ANOTHER
[2020] Lloyd's Rep. Plus 15
Procedure – Joinder of third party – Bill of lading – Exclusive jurisdiction clause – Stay – Setting aside of service – Parallel limitation proceedings.
BILGENT SHIPPING PTE LTD v ADM INTERNATIONAL SARL (THE “ALPHA HARMONY”)
[2020] Lloyd's Rep. Plus 16
Charterparty (Voyage) – Laycan – Charterers entitled to cancel charter if notice of readiness not given as per charterparty – NOR tendered but not during permitted hours – Whether charterers entitled to cancel.
“AMALIE ESSBERGER” TANKREEDEREI GMBH & CO KG v MARUBENI CORPORATION (THE “AMALIE ESSBERGER”)
[2020] Lloyd's Rep. Plus 17
Demurrage – Time-bar – Claim to be presented with all supporting documents within 90 days of discharge – Meaning of “supporting documents” – Whether all supporting documents had to be supplied at same time as claim – Whether demurrage claim time-barred.
FEYHA MARITIME LTD v MILOUBAR CENTRAL FEEDMILL LTD AND ANOTHER
[2020] Lloyd's Rep. Plus 18
Carriage of goods by sea – Limitation of action – Plaintiff bringing cargo claim against carrier within one-year limitation period – Cargo insurer bringing separate claim against carrier within limitation period – Court ruling that plaintiff not owner of cargo –Application to amend claim after expiry of limitation period to add new party as plaintiff – Whether amendment should be allowed – Whether cargo insurer’s claim stopped limitation running – Hague-Visby Rules, article III, rule 6.
PRIYANKA SHIPPING LTD v GLORY BULK CARRIERS PTE LTD (THE “CSK GLORY”)
[2020] Lloyd's Rep. Plus 19
Sale of ship – Buyer contracting to scrap vessel and not to use her for trading – Buyer trading vessel in breach of agreement – Whether seller entitled to injunction – Whether damages adequate remedy – Whether seller entitled to “negotiating damages” – Whether buyer entitled to declaration that seller limited to nominal damages.
NAVALMAR UK LTD v ERGO VERSICHERUNG AG AND ANOTHER (THE “BSLE SUNRISE”)
[2020] Lloyd's Rep. Plus 20
General average – General average guarantee – Whether issuer of guarantee entitled to raise defence under Rule D of the York-Antwerp Rules 1974.
LAMBERT v V J GLOVER LTD AND ANOTHER (THE “REJOICE”)
[2020] Lloyd's Rep. Plus 21
Admiralty – Personal injury – Vicarious liability.
BRIGHT SHIPPING LTD v CHANGHONG GROUP (HK) LTD (THE “CF CRYSTAL” AND THE “SANCHI”)
[2020] Lloyd's Rep. Plus 22
Conflict of laws – Forum non conveniens – Collision at sea within exclusive economic zone of PRC – Plaintiff bringing proceedings against defendant in Shanghai Maritime Court and also in Hong Kong – Defendant applying for stay of Hong Kong proceedings on grounds of forum non conveniens and lis alibi pendens – Whether Hong Kong proceedings should be stayed in favour of Shanghai Maritime Court.
OCEAN PREFECT SHIPPING LTD v DAMPSKIBSSELSKABET NORDEN AS (THE “OCEAN PREFECT”)
[2020] Lloyd's Rep. Plus 23
Arbitration – Evidence – Vessel grounding whilst entering port – Owners bringing arbitration proceedings against charterers for breach of safe port warranty – Whether owners entitled to refer to Marine Accident Investigation Branch report – Merchant Shipping Act 1995 and Merchant Shipping (Accident Reporting and Investigation) Regulations 2012.
YACHT CLUB SOPOT SP ZOO v THE YACHT “MONSTER PROJECT”
[2020] Lloyd's Rep. Plus 24
Admiralty – Arrest of ship – Order for sale of ship – Vessel suffering damage while under arrest – Defendant seeking to stay order for sale of ship to investigate claim of negligence against Admiralty Marshal – Whether in the interests of justice to stay sale.
NORDDEUTSCHE LANDESBANK GIROZENTRALE, SINGAPORE BRANCH v OWNERS OF THE SHIP OR VESSEL “BRIGHTOIL GLORY”
[2020] Lloyd's Rep. Plus 25
Admiralty – Judicial sale of ship – Sale pendente lite – Leave to appeal against decision to stay order for sale.
NORDDEUTSCHE LANDESBANK GIROZENTRALE, SINGAPORE BRANCH v OWNERS OF THE SHIP OR VESSEL “BRIGHTOIL GLORY”
[2020] Lloyd's Rep. Plus 26
Admiralty – Judicial sale of ship – Sale pendente lite – Leave to appeal against decision to stay order for sale – Typhoon season.
NATWEST MARKETS PLC (FORMERLY KNOWN AS THE ROYAL BANK OF SCOTLAND PLC) AND ANOTHER v STALLION EIGHT SHIPPING CO SA (THE “MV ALKYON”)
[2020] Lloyd's Rep. Plus 27
Admiralty – Ship arrest – Order for sale – Validity of Value to Loan notice under loan agreement.
MATERIALS INDUSTRY AND TRADE (SINGAPORE) PTE LTD v VOPAK TERMINALS SINGAPORE PTE LTD
[2020] Lloyd's Rep. Plus 28
Contract – Lien – Storage company exercising contractual lien over stored cargo in respect of sums outstanding from customer – Storage company disposing of liened cargo – Plaintiff claiming title to cargo – Whether plaintiff had title to cargo – Whether disposal of cargo by storage company constituted conversion as against plaintiff.
QUIANA NAVIGATION SA v PACIFIC GULF SHIPPING (SINGAPORE) PTE LTD (THE “CARAVOS LIBERTY”)
[2020] Lloyd's Rep. Plus 29
Charterparty (Time) – Hire – Anti-technicality clause – Whether owners entitled to serve anti-technicality notice in respect of earlier period of hire.
ALIANCA NAVEGACAO E LOGISTICA LTDA v AMEROPA SA (THE “SANTA ISABELLA”)
[2020] Lloyd's Rep. Plus 30
Charterparty (Voyage) – Delay in discharging – Whether vessel took usual and reasonable route – Whether owners failed to take proper care of cargo – Whether vessel failed adequately to ventilate cargo – Whether vessel failed to fumigate adequately – Whether quarantine exception applied – Cause of delay in discharging – Hague-Visby Rules, article III, rule 2.
MUR SHIPPING BV v LOUIS DREYFUS COMPANY SUISSE SA (THE “TIGER SHANGHAI”)
[2020] Lloyd's Rep. Plus 31
Charterparty (Time) – Time-bar – Charterers bringing arbitration proceedings against owners for breach of charterparty – Charterparty providing that all claims shall be extinguished unless notified in writing and accompanied by all available supporting documents within 12 months from completion of charter – Charterers making timeous claim but subsequently relying on survey report sent with claim letter – Whether claim time-barred.
TMF TRUSTEE LTD AND OTHERS v FIRE NAVIGATION INC AND OTHERS
[2020] Lloyd's Rep. Plus 32
Guarantee – Loan Agreement for purchase of vessels – Buyers’ obligations guaranteed by guarantor – Guarantee containing “No Set-Off” clause – Lenders suing borrowers and guarantor and applying for summary judgment – Defendants raising defence based on “prevention principle” – Whether “No Set-Off” clause prevented defendants relying on “prevention principle”.
RASHID v OIL COMPANIES INTERNATIONAL MARINE FORUM
[2020] Lloyd's Rep. Plus 33
Contracts – Consideration – Accreditation of ship inspectors – OCIMF accreditation withdrawn – Disciplinary proceedings – Natural justice – Damages.
THE “KING DARWIN”
[2020] Lloyd's Rep. Plus 35
Civil Procedure – Inherent powers – Striking out – Notice of discontinuance – Claim for wrongful arrest outside an in rem action – Order 92 rule 4, Rules of Court (Cap 322, R5, 2014 Rev Ed).
MOTOR YACHT SALES AUSTRALIA PTY LTD v MEGISTI YACHT CHARTERS LTD (THE “HUNTER”)
[2020] Lloyd's Rep. Plus 36
Admiralty – Caveat in shipping register – Respondents summoned under Shipping Registration Act 1981 section 47B to show cause why the caveat should not be removed – Onus on the caveator to justify the caveat – No serious question to be tried – Balance of convenience favouring removal of the caveat.
E D & F MAN CAPITAL MARKETS LTD v STRAITS (SINGAPORE) PTE LTD
[2020] Lloyd's Rep. Plus 37
Conflict of laws – Forum non conveniens – Whether England proper place to bring claim against tenth defendant – Relevance of multiplicity of proceedings – Whether claimant entitled to sue tenth defendant in England.
AXA SA v GENWORTH FINANCIAL INTERNATIONAL HOLDINGS AND ANOTHER AXA FRANCE IARD (AS TRANSFEREE OF THE BUSINESS OF FINANCIAL INSURANCE CO LTD) AND OTHERS (NAMED THIRD PARTIES)
[2020] Lloyd's Rep. Plus 38
Sale and purchase agreement – Payment protection insurance – Sellers covenanting to pay on demand 90 per cent of PPI claims to purchasers – Whether obligation to pay was an indemnity – Whether sellers had subrogation rights – Whether sellers acted reasonably in withholding consent to agreements by buyers.
KABAB-JI SAL (LEBANON) v KOUT FOOD GROUP (KUWAIT)
[2020] Lloyd's Rep. Plus 39
Arbitration – Enforcement of award – Whether arbitration clause applied to contracting party’s parent company – Law applicable to arbitration agreement – Effect of entire agreement clause on arbitration agreement in the main contract – Effect of no oral modification clause – Whether judge should have made a final determination – Arbitration Act 1996, sections 7 and 103(2)(b).
CHIMBUSCO PAN NATION PETRO-CHEMICAL CO LTD v ARKSTAR SHIP MANAGEMENT PTE LTD
[2020] Lloyd's Rep. Plus 40
Contract – Claim for price of bunkers – Merchantable quality – Reasonably fit for purpose – Control of Exemption Clauses Ordinance (Cap 71).
A AND ANOTHER v C AND OTHERS
[2020] Lloyd's Rep. Plus 41
Arbitration – Court’s power to order evidence – Whether power available against a third party – Arbitration Act 1996, sections 2(3), 43 and 44 – CPR 62.5.
A AND ANOTHER v C AND OTHERS
[2020] Lloyd's Rep. Plus 42
Arbitration – Court’s power to order evidence – Whether power available against a third party – Arbitration Act 1996, sections 2(3), 43, 44 and 82 – CPR 34.8.
AMERICAS BULK TRANSPORT LTD v COSCO BULK CARRIER LTD (THE “GRAND FORTUNE”)
[2020] Lloyd's Rep. Plus 43
Arbitration – Jurisdiction – Sub-charter evidenced by fixture recap incorporating terms of head charterparty – Disponent owner not identified in recap – Arbitration commenced by assignee of head charterer claiming payment of hire against sub-charterer – Whether valid arbitration agreement – Sub-charterer disputing identity of disponent owner – Whether arbitration tribunal lacked jurisdiction.
FILATONA TRADING LTD AND ANOTHER v NAVIGATOR EQUITIES LTD AND OTHERS
[2020] Lloyd's Rep. Plus 44
Arbitration – Jurisdiction – Share purchase agreement – Disclosed and identified principal – Whether wording of agreement precluding intervention and reliance on that contract by disclosed and identified principal – Arbitration Act 1996, section 67.
XSTRATA COAL QUEENSLAND PTY LTD AND OTHERS v BENXI IRON & STEEL (GROUP) INTERNATIONAL ECONOMIC & TRADING CO LTD
[2020] Lloyd's Rep. Plus 45
Arbitration – Running of time for appeal – Effect of refusal of tribunal to review award – Serious irregularity – Obligation of tribunal to produce uncertain and unambiguous award – LCIA Rules – Arbitration Act 1996, sections 57, 68(2)(f) and 70(3).
RELIANCE INDUSTRIES LTD AND ANOTHER v THE UNION OF INDIA
[2020] Lloyd's Rep. Plus 46
Arbitration – Remission of award – Jurisdiction of tribunal on remission – Whether Further Award tainted by serious irregularity – Arbitration Act 1996, sections 67 and 68.
CHINA MACHINE NEW ENERGY CORPORATION v JAGUAR ENERGY GUATEMALA LLC AND ANOTHER
[2020] Lloyd's Rep. Plus 47
Arbitration – ICC Rules – Appeal against award – Natural justice – Validity and appropriateness of order for disclosure on “Attorneys’ Eyes Only” basis – Equal treatment of parties.
VTB COMMODITIES TRADING DAC v JSC ANTIPINSKY REFINERY PETRACO OIL CO SA (INTERVENING)
[2020] Lloyd's Rep. Plus 48
Arbitration – Power of court to grant interim relief in cases of urgency – Whether matter ceasing to be urgent conferred jurisdiction to continue interim relief – Worldwide freezing order – Cargo injunction – Non-disclosure – Arbitration Act 1996, section 44 – Sale of Goods Act 1979, section 52.
SWASHPLATE PTY LTD v LIBERTY MUTUAL INSURANCE CO (TRADING AS LIBERTY INTERNATIONAL UNDERWRITERS)
[2020] Lloyd's Rep. Plus 49
Insurance (marine) – Goods in transit – Commencement of risk – Effect of words “From: 19 May 2018 … To: Date of Arrival – Cargo loaded in US but insured under policy issued in Australia, with 15 hours’ time difference – Institute Cargo Clauses 2009.
ASPEN UNDERWRITING LTD AND OTHERS v CREDIT EUROPE BANK NV
[2020] Lloyd's Rep. Plus 50
Conflict of laws – Jurisdiction – Recovery of paid insurance proceeds – Settlement agreement – Exclusive jurisdiction clause in policy – Whether binding on mortgagee bank – “Matters relating to insurance” – Insurance – Hull and machinery policy – Brussels Regulation Recast.
AVRA COMMODITIES PTE LTD v CHINA COAL SOLUTION (SINGAPORE) PTE LTD
[2020] Lloyd's Rep. Plus 51
Contract – Formation – Acceptance – Whether business confirmation emails gave rise to a concluded contract – Intention to create legal relations – Certainty of terms – Previous course of dealings – Sale of Goods Act (Cap 393, 1999 Rev Ed), section 50(3).
TAQA BRATANI LTD AND OTHERS v ROCKROSE UKCS8 LLC
[2020] Lloyd's Rep. Plus 52
Contract – Implied terms – Claimants serving notices terminating appointment of defendant as Operator of oil and gas field blocks in North Sea – Whether claimants obliged to justify decision to terminate – Whether contract contained implied term that claimants would act in good faith.
FLIGHTRIGHT GMBH v IBERIA LAE SA OPERADORA UNIPERSONAL
[2020] Lloyd's Rep. Plus 53
Jurisdiction — Special jurisdiction in matters relating to a contract — Concept of “place of performance” — Contract for the provision of services — Air transport— Right to compensation for flight passengers in the event of cancellation or long delay of flights — Flight under a confirmed single booking with several connecting flights operated by two separate air carriers — Cancellation of the final leg of the journey — Claim for compensation brought against the air carrier in charge of the final leg of the journey before the court or tribunal which has territorial jurisdiction over the place of departure of the first leg of the journey—Regulation (EU) No 1215/2012 —Regulation (EC) No 261/2004.
ALBION ENERGY LTD v ENERGY INVESTMENTS GLOBAL BRL
[2020] Lloyd's Rep. Plus 54
Arbitration – Stay of proceedings – Sale and purchase agreement containing exclusive jurisdiction clause – Escrow Agreement containing arbitration clause – Whether claim under SPA governed by arbitration clause – Equitable set-off – Whether claim for mismanagement justified stay of SPA proceedings – Inherent jurisdiction to stay – Arbitration Act 1996, section 9.
PUNJAB NATIONAL BANK (INTERNATIONAL) LTD v BORIS SHIPPING LTD AND OTHERS
[2020] Lloyd's Rep. Plus 55
Procedure – Service of process – Summary judgment – Service abroad in accordance with Hague Convention – Exceptional circumstances permitting service by alternative means – Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965.
PARKES SHIRE COUNCIL v SOUTH WEST HELICOPTERS PTY LTD
[2020] Lloyd's Rep. Plus 56
Aviation – Psychiatric injury – Time bars – Convention for the Unification of Certain Rules Relating to International Carriage by Air 1929 (Warsaw Convention) as amended – Civil Aviation (Carriers’ Liability) Act 1959 (Cth), sections 28, 34 and 35.
THE “MAERSK KARACHI”
[2020] Lloyd's Rep. Plus 57
Admiralty practice – Pleadings – Cargo damaged by fire following hot works on vessel – Claimant cargo interests alleging unseaworthiness on basis that defendants’ systems for dealing with hot work were faulty – Defendants applying for summary judgment on basis that “faulty systems” claim had no real prospect of success – Relevance of possibility that additional material might become available prior to trial – Whether defendants entitled to summary judgment – CPR Part 24.
CARPATSKY PETROLEUM CORPORATION v PJSC UKRNAFTA
[2020] Lloyd's Rep. Plus 58
Arbitration – Enforcement of awards – New York Convention – Validity of arbitration agreement – Law applicable to arbitration agreement – Arbitration Act 1996, sections 101 and 103.
ALEXANDER BROTHERS LTD (HONG KONG SAR) v ALSTOM TRANSPORT SA AND ANOTHER
[2020] Lloyd's Rep. Plus 59
Arbitration – Enforcement of foreign award – Public policy – Admissibility of evidence of foreign law – Arbitration Act 1996, section 103(3) – CPR Part 35.
A v B
[2020] Lloyd's Rep. Plus 60
Arbitration – Enforcement of award – Application for enforcement – Scope of enforcement order – Arbitration Act 1996, sections 66 and 101.
JSC COMMERCIAL BANK PRIVATBANK v KOLOMOISKY AND OTHERS
[2020] Lloyd's Rep. Plus 61
Conflict of laws – Jurisdiction – Ukrainian bank bringing proceedings against personal and corporate defendants for large-scale fraud – Personal defendants domiciled in Switzerland – Corporate defendants domiciled in England – Whether article 6(1) of Lugano Convention subject to “sole object” test – Whether suing personal defendants in England was sole object of proceedings – Whether stay should be granted on lis alibi pendens grounds – Whether article 28(1) of Lugano Convention applied reflexively – Whether English and Ukrainian proceedings “related” – Whether judge erred in exercise of discretion in granting stay – Quantum of worldwide freezing order – Whether freezing order should be discharged for material non-disclosure – Lugano Convention, article 6(1) and 28(1) – Recast Brussels Regulation, article 34(1).
PRIMINDS SHIPPING (HK) CO LTD v NOBLE CHARTERING INC (THE “TAI PRIZE”)
[2020] Lloyd's Rep. Plus 62
Carriage of goods by sea – Master invited to sign bill of lading stating cargo shipped in apparent good order and condition – Cargo found to be damaged on discharge – Chinese courts holding shipowner liable to receivers – Head charterers settling with shipowner – Head charterers claiming indemnity from sub-charterers – Whether misrepresentation by master – Whether sub-charterers liable to indemnify head charterers – Hague Rules, article III, rules 3 and 5.
THE KINGDOM OF SPAIN v THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD
[2020] Lloyd's Rep. Plus 63
Practice – Disclosure – Appeal from order of master registering foreign judgment – Whether appeal court had jurisdiction to order disclosure – Whether disclosure should be ordered – Civil Procedure Rules, 74.8, 31.1 and 52.20.
PETROCHEMICAL LOGISTICS LTD AND ANOTHER v PSB ALPHA AG AND ANOTHER
[2020] Lloyd's Rep. Plus 64
Arbitration – Freezing injunction to support arbitration – Arbitration Act 1996, sections 2(3) and 44 – Whether there was a risk of dissipation of assets – Whether there was sufficient connection between the English court and the arbitration – Senior Courts Act 1981, section 37.
QATAR NATIONAL BANK (QPSC) v THE OWNERS OF THE YACHT “FORCE INDIA”
[2020] Lloyd's Rep. Plus 65
Mortgage – Enforcement – Mortgagee seeking to enforce mortgage of motor yacht – Whether limit of €5 million applied to total claim including interest costs and expenses or only to principal amount guaranteed.
QATAR NATIONAL BANK (QPSC) v THE OWNERS OF THE YACHT “FORCE INDIA” (NO 2)
[2020] Lloyd's Rep. Plus 66
Admiralty practice – Whether order for sale of yacht should be set aside.
OI v AIR NOSTRUM LÍNEAS AÉREAS DEL MEDITERRÁNEO SA
[2020] Lloyd's Rep. Plus 67
Air transport – Compensation for air passengers in the event of denied boarding – Cancellation – Connecting flights – Change of reservation against the passenger’s will – Arrival of the passenger at final destination without delay –Regulation (EC) No 261/2004.
ADEN REFINERY CO v GUNVOR SA
[2020] Lloyd's Rep. Plus 68
Contracts (sale of goods) – Renegotiation – Buyer’s agent agreeing a later delivery date and invoice – Authority to renegotiate – Evidence of market price.
LENKOR ENERGY TRADING DMCC v PURI
[2020] Lloyd's Rep. Plus 69
Recognition and enforcement of judgment – Foreign judgment – Whether court should refuse to recognise foreign court judgment on basis that it would be contrary to public policy.
LENKOR ENERGY TRADING DMCC v PURI
[2020] Lloyd's Rep. Plus 70
Recognition and enforcement of foreign judgment – Ground for refusing enforcement – Public policy – Illegality.
XPL ENGINEERING LTD v K & J TOWNMORE CONSTRUCTION LTD
[2020] Lloyd's Rep. Plus 71
Arbitration – Stay of proceedings – Loss of right to apply for a stay – Existence of dispute – UNCITRAL Model Arbitration Law, article 8.
FRANCE AND ANOTHER v DISCOVERY YACHT SALES LTD
[2020] Lloyd's Rep. Plus 72
Ship sale – Yacht purchase – Yacht unseaworthy and in need of extensive work – Repair agreement – Damages.
GDE LLC AND ANOTHER v ANGLIA AUTOFLOW LTD
[2020] Lloyd's Rep. Plus 73
Agency – Law applicable to agency agreement – Express and implied choice of law – Rome Convention 1980, articles 3 and 4 – Contracts (Applicable Law) Act 1990.
C LTD v D AND ANOTHER
[2020] Lloyd's Rep. Plus 74
Arbitration – Application for removal of arbitrator – Arbitrator resigning for other reasons before judgment – Whether costs order should be made against arbitrator – Whether there were serious doubts as to impartiality – Arbitration Act 1996, sections 24 and 29 – Civil Procedure Rules, Part 44.
DAIICHI CHUO KISEN KAISHA v CHUBB SEGUROS BRASIL SA (THE “SOUTHERN EXPLORER”)
[2020] Lloyd's Rep. Plus 75
Anti-suit injunction – Senior Courts Act 1981, section 37 – Undertaking given by defendant not to pursue proceedings in Brazil – Whether claimant had delayed in seeking anti-suit relief.
TIMES TRADING CORPORATION v NATIONAL BANK OF FUJAIRAH (DUBAI BRANCH) (THE “ARCHAGELOS GABRIEL”)
[2020] Lloyd's Rep. Plus 76
Arbitration – Anti-suit injunction – Criteria for grant of injunction – Quasi-judicial injunctions – Relevance of contractual time bar – Discretion – Whether condition should be imposed relating to time bar – Senior Courts Act 1981, section 37 – Arbitration Act 1996, section 12.
ENKA INSAAT VE SANAYI AS v OOO “INSURANCE COMPANY CHUBB” AND OTHERS
[2020] Lloyd's Rep. Plus 77
Arbitration – Anti-suit injunction – Dispute as to scope of arbitration clause – Proceedings brought in Russian courts – Law applicable to arbitration clause – Criteria for grant of anti-suit injunction – Senior Courts Act 1981, section 37.
TRICON ENERGY LTD v MTM TRADING LLC (THE “MTM HONG KONG”)
[2020] Lloyd's Rep. Plus 78
Demurrage – Time bar – Claim to be presented with all supporting documents within 90 days of discharge – Bills of lading not included with demurrage claim – Whether demurrage claim time-barred.
AUSTRALIAN MARITIME SAFETY AUTHORITY v GLOBEX SHIPPING SA AND ANOTHER
[2020] Lloyd's Rep. Plus 79
Admiralty – Service out of jurisdiction – Application to serve interlocutory application outside of Australia – Whether requirements for service out of the jurisdiction satisfied – Admiralty Act 1988 (Cth) – Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 (Cth)
ALIZE 1954 AND ANOTHER v ALLIANZ ELEMENTAR VERSICHERUNGS AG AND OTHERS (THE “CMA CGM LIBRA”)
[2020] Lloyd's Rep. Plus 80
General average – Vessel grounding on uncharted shoal leaving port of Xiamen – Whether cargo interests obliged to contribute to general average – Whether actionable fault on part of owners – Whether vessel’s passage plan defective – Whether defective passage plan made vessel unseaworthy – Whether owners failed to exercise due diligence – York-Antwerp Rules – Hague Rules, article III, rule 1.
KEYNVOR MORLIFT LTD v THE VESSEL “KUZMA MININ”, HER BUNKERS STORES AND FREIGHT AT RISK (IF ANY)
[2020] Lloyd's Rep. Plus 81
Salvage – Remuneration – Casualty successfully refloated by claimants after grounding off Falmouth – Determination of salvage award.
MAHAPATRA v TUI UK LTD
[2020] Lloyd's Rep. Plus 82
Admiralty – Personal injury action – Claimant sustaining personal injury while disembarking from cruise ship – Whether injury occurred during period of carriage within meaning of Athens Convention – 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 – Package Travel, Package Holidays and Package Tours Regulations 1992 – Civil Procedure Rules 17.4(2).
KELLETT v RCL CRUISES LTD AND OTHERS
[2020] Lloyd's Rep. Plus 83
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.
LG AND OTHERS v RINA SPA AND ANOTHER
[2020] Lloyd's Rep. Plus 84
European Union law – Jurisdiction – Plaintiffs bringing action in Italy for damages in tort against Italian classification societies operating on behalf of Republic of Panama – Defendants contesting jurisdiction and relying on principle of state immunity – Whether Italian court had jurisdiction to hear claims pursuant to Regulation (EC) No 44/2001.
FIMBANK PLC v KCH SHIPPING CO LTD (THE “GIANT ACE”)
[2020] Lloyd's Rep. Plus 85
Arbitration – Charterparty – Arbitration commenced against wrong party – Contractual 12-month time bar – Extension of time – Arbitration Act 1996, section 12.
FIMBANK PLC v DISCOVER INVESTMENT CORPORATION (THE “NIKA”)
[2020] Lloyd's Rep. Plus 86
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.
RIVERROCK SECURITIES LTD v INTERNATIONAL BANK OF ST PETERSBURG (JOINT STOCK COMPANY)
[2020] Lloyd's Rep. Plus 87
Arbitration – Anti-suit injunction – Foreign insolvency – Construction of arbitration clause – Arbitrability – Senior Courts Act 1981, section 37.
YUANDA (UK) CO LTD v MULTIPLEX CONSTRUCTION EUROPE LTD (FORMERLY KNOWN AS BROOKFIELD MULTIPLEX CONSTRUCTION EUROPE LTD) AND ANOTHER
[2020] Lloyd's Rep. Plus 88
Contracts – Guarantee – Demand – Whether guarantee a performance bond or an on-demand bond – Requirements for valid call.
KELLETT v RCL CRUISES LTD AND OTHERS
[2020] Lloyd's Rep. Plus 89
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.
SEVILLEJA v MAREX FINANCIAL LTD
[2020] Lloyd's Rep. Plus 90
Damages – Reflective loss – Claim by creditor against company – Whether creditor entitled to claim damages where company is liable to liquidator.
NATIONAL BANK OF FUJAIRAH (DUBAI BRANCH) v TIMES TRADING CORPORATION
[2020] Lloyd's Rep. Plus 91
Arbitration – Extension of time – Conduct of respondent – Effect of delay on discretion – Arbitration Act 1996, section 12.
THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN (THE “PRESTIGE”) (NO 3)
[2020] Lloyd's Rep. Plus 92
Arbitration – Third-party claims – Direct action against insurer – Binding effect of arbitration clause – Conditional benefit doctrine – State immunity – Application for appointment of arbitrator – Anti-suit injunctions and damages – Arbitration Act 1996, sections 18, 48 and 66 – State Immunity Act 1978, sections 3 and 9 – Senior Courts Act 1981, sections 37 and 50.
THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE FRENCH STATE (THE “PRESTIGE”) (NO 4)
[2020] Lloyd's Rep. Plus 93
Arbitration – Claims against France and Spain for failure to honour arbitration award and failure to honour enforcement judgment in respect of the award – Whether France and Spain entitled to sovereign immunity – Jurisdiction of the English courts – Whether good arguable case in respect of award claims – Whether judgment claims governed by insurance jurisdiction rules – State Immunity Act 1978, sections 2, 3, 9 and 12 – Civil Procedure Rules, Practice Direction 6B – Service Regulation, European Council Regulation 1393/2007/EC – Brussels Regulation Recast, Regulation 1215/2012/EU, articles 10 to 14.
K LINE PTE LTD v PRIMINDS SHIPPING (HK) CO LTD (THE “ETERNAL BLISS”)
[2020] Lloyd's Rep. Plus 94
Charterparty (Voyage) – Charterers failing to discharge vessel within allowed laytime – Charterparty providing for payment of demurrage – Receivers bringing cargo claim against owners resulting from delay – Whether owners entitled to damages or an indemnity from charterers – Whether demurrage constituted exclusive remedy to owners.
FEDERAL REPUBLIC OF NIGERIA v PROCESS & INDUSTRIAL DEVELOPMENTS LTD
[2020] Lloyd's Rep. Plus 95
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).
SWASHPLATE PTY LTD v LIBERTY MUTUAL INSURANCE CO (TRADING AS LIBERTY INTERNATIONAL UNDERWRITERS)
[2020] Lloyd's Rep. Plus 96
Insurance (marine) – Goods in transit – Commencement of cover – Institute Cargo Clauses A – Transit clause – Effect of words “From 19 May 2018 … to Date of Arrival – Cargo loaded in US but insured under policy issued in Australia, with 15 hours’ time difference – Institute Cargo Clauses 2009.
ENKA INSAAT VE SANAYI AS v OOO “INSURANCE COMPANY CHUBB”
[2020] Lloyd's Rep. Plus 97
Arbitration – Law applicable to arbitration agreement – Whether applicable law followed that of the substantive agreement or that of the seat – Anti-suit injunction – Senior Courts Act 1981, section 37 – Arbitration Act 1996, sections 4(5), 7 and 103 – Rome I Regulation, Regulation (EC) No 593/2008.
ALEXANDER BROTHERS LTD (HONG KONG SAR) v ALSTOM TRANSPORT SA AND ANOTHER
[2020] Lloyd's Rep. Plus 98
Arbitration – Enforcement of award – Public policy – Failure to disclose material facts to judge – Issue estoppel – Arbitration Act 1996, section 103.
BRIDGEHOUSE (BRADFORD NO 2) LTD v BAE SYSTEMS PLC
[2020] Lloyd's Rep. Plus 99
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.
BXH v BXI
[2020] Lloyd's Rep. Plus 100
Arbitration – Jurisdiction – Conflicting arbitration and jurisdiction clause – Assignment of arbitration clause – Whether assignment valid after commencement of arbitration – Requirements for validity of notice of assignment.
SHAGANG SHIPPING CO LTD (IN LIQUIDATION) v HNA GROUP CO LTD
[2020] Lloyd's Rep. Plus 101
Bribery – Claim under guarantee for performance of charterparty – Allegation that charterparty procured by bribery and unenforceable – Evidence of bribery allegedly obtained by torture – Whether charterparty enforceable.
JENNINGS v TUI UK LTD (T/A THOMSON CRUISES)
[2020] Lloyd's Rep. Plus 102
Admiralty – Personal injury action – Cruise passenger sustaining injury on fixed walkway while disembarking for 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.
DAELIM CORPORATION v BONITA CO LTD AND OTHERS (THE “DL CARNATION”)
[2020] Lloyd's Rep. Plus 103
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).
FORUM SERVICES INTERNATIONAL LTD AND ANOTHER v OOS INTERNATIONAL BV
[2020] Lloyd's Rep. Plus 104
Contracts – Commission – Parties having concluded representation agreement to seek to win charters – Charters of vessels outside agreement concluded by one party – Whether other party entitled to commission.
HALLIBURTON CO v CHUBB BERMUDA INSURANCE LTD
[2020] Lloyd's Rep. Plus 105
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.