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HOLLEMAN SPECIAL TRANSPORT & PROJECT CARGO SRL v CO UK SHIPPING AND TRADING LTD
[2023] Lloyd's Rep. Plus 1
Contract of carriage (road) – Freight – Set-off – Daily rate payment under carriage or transport contract not amounting to freight – Set-off permitted – Construction of contracts – Contextual issues – Convention on Contracts for the International Carriage of Goods by Road 1956.
FIMBANK PLC v KCH SHIPPING CO LTD (THE “GIANT ACE”) (NO 2)
[2023] Lloyd's Rep. Plus 2
Contracts (bills of lading) – Misdelivery – Claim for misdelivery following discharge – Time bar – Whether Hague-Visby Rules time bar applicable to claims for misdelivery of cargo after discharge from the vessel – Contractual application of Hague-Visby Rules – Period between discharge and delivery – “Carver implied term” – Hague-Visby Rules, article III rule 6.
MUR SHIPPING BV v RTI LTD
[2023] Lloyd's Rep. Plus 3
Contracts (contract of affreightment) – Construction – Force majeure – Sanctions – Obligation to pay in US dollars – Sanctions preventing or delaying payment in US dollars – Charterers offering to pay in euros – Obligation to use reasonable endeavours to overcome force majeure.
ARGENTUM EXPLORATION LTD v THE SILVER AND ALL PERSONS CLAIMING TO BE INTERESTED IN AND/OR TO HAVE RIGHTS IN RESPECT OF, THE SILVER SECRETARY OF STATE FOR TRANSPORT AND ANOTHER (INTERVENERS)
[2023] Lloyd's Rep. Plus 4
Salvage – Silver bars salvaged from seabed after 70 years – Salvage claim – Party acknowledging service as owners asserting sovereign immunity – Meaning of phrase “in use or intended for use for commercial purposes” in relation to cargo – Meaning of “wreck” – Powers of Receiver of Wreck to determine salvage – State Immunity Act 1978, sections 10 and 13.
PERUSAHAAN PERSEROAN (PERSERO) PT PERTAMINA v TREVASKIS LTD AND OTHERS
[2023] Lloyd's Rep. Plus 5
Admiralty – Collision – Wreck – Liability – Limitation – Merchant Shipping (Limitation of Shipowners Liability) Ordinance, Cap 434 – Convention on Limitation of Liability for Maritime Claims 1976, articles 2(1)(a), 2(1)(c), 2(1)(d) and 18(1).
TRAFIGURA MARITIME LOGISTICS PTE LTD v CLEARLAKE SHIPPING PTE LTD CLEARLAKE CHARTERING USA INC AND ANOTHER v PETROLEO BRASILEIRO SA (THE “MIRACLE HOPE”) (NO 4)
[2023] Lloyd's Rep. Plus 6
Contracts – Letters of indemnity – Voyage charterparty – Discharge without presentation of bills of lading – Voyage charterparty clause providing for deemed indemnity – Implied deemed indemnity – Commercial common sense – Novation – Quantum.
AQUAVITA INTERNATIONAL SA v INDAGRO SA
[2023] Lloyd’s Rep. Plus 7
Arbitration – Anti-suit injunction – Application to foreign court for security – Whether application would be determinative of dispute – Senior Courts Act 1981, section 37.
AL MANA LIFESTYLE TRADING LLC AND OTHERS v UNITED FIDELITY INSURANCE CO PSC AND OTHERS
[2023] Lloyd's Rep. IR Plus 8
Insurance (business interruption) – Jurisdiction – Construction of jurisdiction clause – Exclusive or non-exclusive – Whether clause provided a true alternative or a fall-back.
ARI v WXJ
[2023] Lloyd’s Rep. Plus 9
Arbitration – Response to arbitration notice – Whether arbitrator validly appointed – Relationship between arbitrator and parties – Arbitration Act 1996, section 14.
NATIONAL IRANIAN OIL CO v CRESCENT PETROLEUM CO INTERNATIONAL LTD AND ANOTHER
[2023] Lloyd’s Rep. Plus 10
Arbitration – Error of law – Application for permission to appeal – Whether parties had agreed to exclude right to seek permission to appeal – Whether permission to appeal should be granted – Arbitration Act 1996, section 69.
ROYAL & SUN ALLIANCE INSURANCE LTD AND OTHERS v TUGHANS
[2023] Lloyd's Rep. Plus 11
Arbitration - Insurance (professional indemnity) - Jurisdiction - Serious irregularity - Error of law - Arbitration Act 1996, sections 33, 67, 68 and 69.
JDA CO LTD AND OTHERS v AIG INSURANCE NEW ZEALAND LTD AND OTHERS
[2023] Lloyd's Rep. Plus 12
Insurance (marine) - Declaration policy - Definition of "assured" under policy - Effect of assured's failure to nominate terms of coverage - Estoppel by convention - Effect of failure to make proper declarations of insured subject matter - Breach of warranty - Marine Insurance Act 1908 (NZ), section 34.
EGF v HVF AND OTHERS
[2023] Lloyd's Rep. Plus 13
Arbitration Allegation of apparent bias by Witness Statement Ruling Reasons for ruling Power to make interim payments order Whether order an award Excess of jurisdiction Excess of powers Serious irregularity UNCITRAL Rules, article 34 Arbitration Act 1996, sections 24, 30, 39, 58, 67 and 68.
CVG v CVH
[2023] Lloyd's Rep. Plus 14
Arbitration – Emergency arbitrator – Whether award enforceable under the New York Convention – Jurisdiction – Breach of the rules of natural justice.
LAYSUN SERVICE CO LTD v DEL MONTE INTERNATIONAL GMBH
[2023] Lloyd's Rep. Plus 15
Contracts (contract of affreightment) – Interpretation of force majeure clause – Sanctions preventing discharge of cargo – Arbitration – Appeal on point of law – Questions of mixed fact and law – Arbitration Act 1996, section 69.
POLA LOGISTICS LTD v GTLK EUROPE DESIGNATED ACTIVITY CO AND OTHERS
[2023] Lloyd's Rep. Plus 16
Charterparty (demise) – Bareboat charter in nature of hire purchase agreement – Registered owner subject to sanctions – Charterer seeking specific performance in respect of vessels – Council Regulation (EU) No 269/2014 (“EU Sanctions Regulation”).
MV PACIFIC PEARL CO LTD v NYK ORPHEUS CORP AND ANOTHER (THE “PANAMAX ALEXANDER”, THE “NYK ORPHEUS” AND THE “NYK FALCON”)
[2023] Lloyd's Rep. Plus 17
Collision – Fault – Vessel moored in Suez Canal awaiting towage following incident – Convoy passing – Mooring lines lost and ship winging out into the channel – Safe speed – Apportionment of blame – Quantum – Collision Regulations Rules 2, 5, 6, 7, 8 and 18(a) – Suez Canal Authority Rules, article 59(3) and (7) – Merchant Shipping Act 1995, section 187.
STANDARD CHARTERED BANK (SINGAPORE) LTD v MAERSK TANKERS SINGAPORE PTE LTD WINSON OIL TRADING PTE LTD, INTERVENING (THE “MAERSK PRINCESS”)
[2023] Lloyd's Rep. Plus 18
Contracts (bills of lading) – Delivery of cargo without presentation of bills of lading – Letter of credit issued after completion of delivery – Payment made against seller’s invoice and letter of indemnity in accordance with letter of credit terms – Causation of loss – Misdelivery – Conversion – Lawful holder of bill of lading – Whether bank to have summary judgment.
PORALU MARINE AUSTRALIA PTY LTD v MV DIJKSGRACHT
[2023] Lloyd's Rep. Plus 19
Contracts (carriage of goods by sea) – Formation – Fixture recap email – Email providing that terms to be otherwise as per booking note including rider clauses – Option to request bill of lading – Sea waybill subsequently issued – Whether sea waybill superseding prior concluded contract – Booking note in the nature of charterparty – Terms – Paramount clause – Which limitation regime applicable – Himalaya clause – Authority to enter into Himalaya clause for shipowner – Australian Hague Rules – Hague-Visby Rules, article 10.
UNICREDIT BANK AG v GLENCORE SINGAPORE PTE LTD
[2023] Lloyd's Rep. Plus 20
Contracts (Letters of credit) – Misrepresentation – Fraud.
VITOL SA v JE ENERGY LTD
[2023] Lloyd's Rep. Plus 21
Contracts (sale) â Sale of crude oil fob â Deal recap â Long-form contracts â Laycan â Post-contractual negotiations â Whether sale contract terms varied by terms of subsequent letter of credit.
KUVERA RESOURCES PTE LTD v JPMORGAN CHASE BANK NA
[2023] Lloyd's Rep. Plus 22
Contracts – Letters of credit – Contract formation – Contract terms – Elements of a letter of credit transaction – Complying presentation – Sanctions clause – Letter of credit transaction between confirming bank and beneficiary – Unilateral contract – UCP 600.
CARMICHAEL RAIL NETWORK PTY LTD v BBC CHARTERING CARRIERS GMBH & CO KG (THE “BBC NILE”)
[2023] Lloyd's Rep. Plus 23
Contracts of carriage – Bill of lading – Carriage of cargo of steel rails between ports in different Australian states – Carrier commencing London arbitration on LMAA terms – Bill of lading containing clause paramount, choice of law clause and jurisdiction clause – Effect of foreign choice of law and jurisdiction clauses in respect of inter-state carriage – Anti-suit injunction – Stay – FIOST clauses – Australian amended Hague Rules – Carriage of Goods by Sea Act 1991 (Cth), sections 10(1)(b)(ii), 11(2) and article 3(8) of schedule 1A.
CETO SHIPPING CORPORATION v SAVORY SHIPPING INC (THE “VICTOR 1”)
[2023] Lloyd's Rep. Plus 24
Charterparty (bareboat) – Hire paid under fixed-term charterparty – Title to transfer at end of charterparty provided hire and fees paid to ship manager – Unpaid sums disputed by charterer – Barecon 2001 – Senior Courts Act 1981, section 20(2)(h).
CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, SINGAPORE BRANCH v PPT ENERGY TRADING CO LTD
[2023] Lloyd's Rep. Plus 25
Contracts — Guarantees and indemnities — Letter of credit – Sale transaction allegedly fraudulent – Contracts of indemnity – Uniform Customs and Practice for Documentary Credits 600 (UCP 600).
OCM SINGAPORE NJORD HOLDINGS HARDRADA PTE LTD AND OTHERS v GULF PETROCHEM FZC
[2023] Lloyd's Rep. Plus 26
Contracts (Letters of indemnity) – Letter of indemnity issued for the discharge of a cargo of hydrocarbons – Authority to sign letter of indemnity – Actual authority – Apparent authority – Ratification – Financial impossibility – Permission to amend defence – Summary judgment.
IXOM OPERATIONS PTY LTD v BLUE ONE SHIPPING SA AND OTHERS (THE “CS ONSAN”)
[2023] Lloyd's Rep. Plus 27
Contract (bill of lading) – Time bar – Extension of time – Bill of lading consignee obtaining time bar extension from “owner” – Litigation commenced against registered owner within time – Demise charterer joined out of time – Registered owner’s defence that it was not a party to the contract of carriage – Demise charterer’s time bar defence – Estoppel – Carriage of Goods by Sea Act 1991 (Cth), section 8 and schedule 1A, Amended Hague-Visby Rules, articles 1 and 3.
WARNER v SCAPA FLOW CHARTERS
[2023] Lloyd's Rep. Plus 28
Carriage of passengers – Liability of carrier – Death or personal injury – Defect in ship – Fault or neglect – Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 – Merchant Shipping Act 1995, section 183 – Carriage of Passengers and their Luggage by Sea (Domestic Carriage) Order 1987 (SI 1987 No 670) – Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (SI 1997 No 2962), regulation 7.
VADYM AND OTHERS v OSV BEAS DOLPHIN
[2023] Lloyd's Rep. Plus 29
Admiralty – Maritime liens – Seafarer’s wages – Priority in admiralty – Priority of interest and costs for wages claim – Question of currency conversion date – Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017, section 10 – Merchant Shipping Act 1958, section 134.
ROSE v CARNIVAL CORPORATION
[2023] Lloyd's Rep. Plus 30
Contracts (passengers) – Cruise ship passenger suffering injury on round-trip cruise from Miami – Litigation in Ontario – Carriage contract containing forum selection clause.
OWNERS OF THE VESSEL JEIL CRYSTAL v OWNERS OF THE CARGO LATELY LADEN ONBOARD JEIL CRYSTAL
[2023] Lloyd's Rep. Plus 31
Admiralty – Ship arrest – Ship arrested based on non-existent claim – Claim amended – Nature of warrant of arrest – Effect of amendment to statement of claim on warrant of arrest issued prior to amendment – Status of warrant of arrest following amendment to statement of claim – Importance of supporting affidavit – Rules of Court (2014 Rev Ed).
VITOL SA v GENSER ENERGY GHANA LTD
[2023] Lloyd's Rep. Plus 32
Sale of goods (propane) – Commodities – Default notice – Estoppel by convention.
CORBIN v DORYNEK AND ANOTHER
[2023] Lloyd's Rep. Plus 33
Collision – Speedboat and jet ski – Passenger injury – Safe speed – Action to avoid collision – Crossing situation – Overtaking situation – Negligence – Contributory negligence – Apportionment – International Regulations for Preventing Collisions at Sea 1972.
CONTINENTAL RADIANCE OFFSHORE PVT LTD v MV LEWEK ALTAIR (IMO NO 9413183) AND ANOTHER
[2023] Lloyd's Rep. Plus 34
Admiralty (arrest) – Maritime claim – Arrest of bareboat-chartered vessel – Sister ships – Test for arrest under Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017.
SEA WATCH EV v MINISTERO DELLE INFRASTRUTTURE E DEI TRASPORTI AND OTHERS
[2023] Lloyd's Rep. Plus 35
Port state control – Search and rescue – Humanitarian non-governmental organisation performing search for and rescue of persons in danger or distress at sea – Competences and powers of flag state and port state – Inspection and detention of ships – Directive 2009/16/EC – United Nations Convention on the Law of the Sea 1982 – International Convention for the Safety of Life at Sea 1974 – International Convention on Maritime Search and Rescue 1979.
ARNOLD v HALCYON YACHTS LTD (THE “VLARODA”)
[2023] Lloyd's Rep. Plus 36
Contract – Transatlantic delivery of yacht – Damage to yacht – Time bar – Choice of route – Weather and route planning – Route taken and decision to turn back – Cause of defects – Repudiatory breach – Reasonable care and skill – Supply of Goods and Services Act 1982, section 13.
JSD CORPORATION PTE LTD v TRI-LINE EXPRESS PTE LTD
[2023] Lloyd's Rep. Plus 37
Contract – Remedies – Damages – Measure of loss – Party’s existing property damaged during transport by a carrier – Outstanding repair costs – Party intending to carry out outstanding repairs – Cost of cure – Diminution in value – Reasonableness.
VIVA ENERGY AUSTRALIA PTY LTD v MT “AG NEPTUNE” (NO 2)
[2023] Lloyd's Rep. Plus 38
Admiralty – Arrest – Ship ordered to sail under arrest to Gladstone – Application to amend orders – Vessel unable to safely reach Gladstone via route within the territorial sea – Marshal’s custody of the vessel – Owners’ undertaking that no point about the validity of the arrest would be taken – Admiralty Act 1988 (Cth), section 22.
NAUTICAL CHALLENGE LTD v EVERGREEN MARINE (UK) LTD (THE “ALEXANDRA 1” AND “EVER SMART”)
[2023] Lloyd's Rep. Plus 39
Admiralty – Collision action – Costs – Stay of execution – Permission to appeal – CPR 61.4.
MSC MEDITERRANEAN SHIPPING CO SA v STOLT TANK CONTAINERS BV AND OTHERS (THE “MSC FLAMINIA”)
[2023] Lloyd's Rep. Plus 40
Admiralty – Limitation of liability – Tonnage limitation – Meaning of shipowner – Charterer – Limitation fund – Consequential losses – Convention on Limitation of Liability for Maritime Claims 1976 as amended, article 2.
BANK OF NEW ZEALAND (SECURITY TRUSTEE) v THE VESSEL MY “ISLAND ESCAPE”
[2023] Lloyd's Rep. Plus 41
Admiralty – Sale of ship – Cruise vessel – Application for judicial sale of ship pendente lite without valuation – No appearance by defendant – Caveats against release – Orders made for judicial sale with provision for valuation – Form of undertaking under rule 69 of the Admiralty Rules 1988 (Cth) – Method of sale to be determined by Admiralty Marshal - Admiralty Rules 1988 (Cth), rules 23, 23(1), 69 and 69(4).
DORE AND ANOTHER v EASYJET AIRLINE CO LTD
[2023] Lloyd's Rep. Plus 42
Aviation – Passengers – Delay and compensation – Dispute resolution – Airline’s terms and conditions providing that claim must first be submitted to online portal – Passengers’ compliance with such terms and conditions before commencing court action – Use of online dispute resolution system – Features of online dispute resolution system – Evidence – Where contents of online form managed by defendant and not available to claimant required – Regulation (EC) No 261/2004 (as amended by Part 4, section 8 of the Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019).
ANGRE PORT PTE LTD v THE “TAG 15” (IMO 9705550) AND ANOTHER
[2023] Lloyd's Rep. Plus 43
Admiralty – Maritime lien – Insolvent shipowner – Whether proceedings against vessel prevented by statutory provision preventing proceedings against shipowner in insolvent liquidation – Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017, section 12 – Insolvency and Bankruptcy Code 2016, section 33(5) – Contract Act 1872, section 74.
NDK LTD v HUO HOLDING LTD AND ANOTHER
[2023] Lloyd's Rep. Plus 44
Arbitration – Jurisdiction – Relationship between Articles of Association and Shareholders’ Agreement – Whether arbitration clause in Shareholders’ Agreement applies to disputes under Articles of Association – Arbitrability of shareholder disputes – Arbitration Act 1996, sections 30 and 67.
NATIONAL OILWELL VARCO NORWAY AS v KEPPEL FELS LTD
[2023] Lloyd's Rep. Plus 45
Arbitration – Enforcement of award – Proceedings conducted in name of company no longer in existence – Whether award in favour of the company was enforceable – Succession – Estoppel.
WSB v FOL
[2023] Lloyd's Rep. Plus 46
Arbitration – Order dismissing appeal and application for permission to appeal without a hearing – Appeal against decision not to hold oral hearing – Civil Procedure Rules 3.3 and 23.8 – Commercial Court Guide 2022 – Arbitration Act 1996, sections 60, 61, 67, 68 and 69.
DC BARS LTD AND ANOTHER v QIC EUROPE LTD
[2023] Lloyd's Rep. Plus 47
Insurance (business interruption) – Arbitration – Clause requiring arbitration of quantum disputes – Whether dispute purely about quantum – Stay of proceedings – Arbitration Act 1996, section 9.
RQP v ZYX
[2023] Lloyd's Rep. Plus 48
Arbitration – Jurisdiction – Meaning of “award” – Set-off – Termination of arbitration agreement following repudiation – Enforcement of peremptory order – Arbitration Act 1996, sections 33, 41, 42, 52 and 67.
NDK LTD v HUO HOLDING LTD (NO 2)
[2023] Lloyd's Rep. Plus 49
Arbitration – Jurisdiction – Severability of arbitration clause – Arbitration Act 1996, sections 7 and 67.
S3D INTERACTIVE INC v OOVEE LTD
[2023] Lloyd's Rep. Plus 50
Arbitration – Peremptory order made by arbitrator – Application to court for enforcement – Whether court required to determine jurisdictional challenge to arbitrator before granting enforcement – Arbitration Act 1996, sections 1, 30, 41, 42, 66 and 67.
BUHEIRY v VISTAJET LTD
[2023] Lloyd's Rep. Plus 51
Arbitration – Jurisdiction – Serious irregularity – Whether rights validly assigned to arbitration creditor – Whether proper notice of arbitration given to arbitration debtor – Arbitration Act 1996, sections 67 and 68.
DHL PROJECT & CHARTERING LTD v GEMINI OCEAN SHIPPING CO LTD (THE “NEWCASTLE EXPRESS”)
[2023] Lloyd's Rep. Plus 52
Arbitration – Jurisdiction – Separability – Charterparty – Effect of “subject” – Whether there was agreement for a charterparty and an arbitration clause – Arbitration Act 1996, sections 7 and 67.
NATIONAL IRANIAN OIL CO v CRESCENT PETROLEUM CO INTERNATIONAL LTD AND ANOTHER
[2023] Lloyd's Rep. Plus 53
Arbitration – Jurisdiction – Arbitration Act 1996, sections 67 and 73 – Objection taken to jurisdiction in the arbitration – Challenge to award for want of jurisdiction – Whether appeal based on same grounds – Whether tribunal acted without jurisdiction.
FAIRPARK ESTATES LTD AND OTHERS v HEALS PROPERTY DEVELOPMENTS LTD
[2023] Lloyd's Rep. Plus 54
Arbitration – Stay of proceedings – Whether a step in the proceedings had been taken by a Consent Order – Whether a step in the proceedings applied to all claims – Arbitration Act 1996, section 9.
HAYS AND OTHERS v BLOOMFIELD INVESTMENTS LLC
[2023] Lloyd's Rep. Plus 55
Arbitration – Jurisdiction – Serious irregularity – Application for extension of time – Length of delay – Strength of application – Arbitration Act 1996, sections 49, 67, 68, 70 and 80.
PAN OCEAN CO LTD v DAELIM CORPORATION
[2023] Lloyd's Rep. Plus 56
Arbitration – Error of law – Implication of terms into charterparty – LMAA Terms – Arbitration Act 1996, sections 57, 69 and 70.
BARTON AND OTHERS v MORRIS AND ANOTHER
[2023] Lloyd's Rep. Plus 57
Contract – Whether commission payable for introduction of purchaser – Express term – Term implied in fact – Term implied in law – Unjust enrichment.
NIGERIAN AGIP EXPLORATION LTD v GEC PETROLEUM DEVELOPMENT CO LTD
[2023] Lloyd's Rep. Plus 58
Arbitration – Anti-suit injunction – Foreign proceedings challenging English award – Jurisdiction to grant relief.
SMIT SALVAGE BV AND OTHERS v LUSTER MARITIME SA AND ANOTHER (THE MV “EVER GIVEN”)
[2023] Lloyd's Rep. Plus 59
Salvage – Contract negotiations – Contract for technical services in connection with salvage of vessel – Whether contract concluded – Parties’ intention to be bound – International Convention on Salvage 1989.
GLENCORE ENERGY UK LTD v NIS JSC NOVI SAD
[2023] Lloyd's Rep. Plus 60
Contracts – Sale of goods – Settlement agreement – Construction of terms – Good faith.
AFRICA SOURCING CAMEROUN LTD AND ANOTHER v LMBS SOCIÉTÉ PAR ACTIONS SIMPLIFIEE AND ANOTHER
[2023] Lloyd's Rep. Plus 61
Arbitration – Duty of disclosure by arbitrator – Apparent bias – Serious irregularity – Substantial injustice – Delay – Arbitration Act 1996, sections 24, 33, 68 and 73.
CHARLES TAYLOR ADJUSTING LTD AND ANOTHER v STARLIGHT SHIPPING CO AND ANOTHER
[2023] Lloyd's Rep. Plus 62
Conflict of laws – Recognition and enforcement of English judgments in EU courts – European Parliament and Council Regulation (EC) No 44/2001, article 34.
REPUBLIC OF UGANDA v RIFT VALLEY RAILWAYS (UGANDA) LTD
[2023] Lloyd's Rep. Plus 63
Arbitration – Jurisdiction – Whether procedural order amounted to an award – Arbitration Act 1996, sections 30, 52 and 67.
E-STAR SHIPPING AND TRADING CO LTD v DELTA CORP SHIPPING LTD
[2023] Lloyd's Rep. Plus 64
Arbitration – Anti-enforcement injunction – Interim order preserving assets – Senior Courts Act 1981, section 37 – Arbitration Act 1996, section 44.
EBURY PARTNERS BELGIUM SA/NV v TECHNICAL TOUCH BV AND ANOTHER
[2023] Lloyd's Rep. Plus 65
Conflict of laws – Anti-suit injunction – Issue as to validity of incorporation of exclusive jurisdiction clause – Law to be applied – Whether high degree of probability of incorporation – Senior Courts Act 1981, section 37 – Rome I Regulation, articles 3(3) and 10.
YDU v SAB AND ANOTHER
[2023] Lloyd's Rep. Plus 66
Arbitration – Order for specific performance – Whether order constituted part of award – Whether order could be varied – Serious irregularity – Arbitration Act 1996, sections 39, 58 and 68.
GRAVELOR SHIPPING LTD v GTLK ASIA M5 LTD AND ANOTHER
[2023] Lloyd's Rep. Plus 67
Charterparty (demise) – Financing bareboat charterparty with purchase option upon termination – Registered vessel owners’ group of companies subject to sanctions – Termination of charterparty – Purchase option subject to payment of outstanding sums – Registered owner’s duty to make demand for payment – Nomination of bank account for payment where sanctions applied – Effect of payment by charterer to bank observing sanctions – Specific performance of obligations under charterparties – Whether damages an adequate remedy.
RADISSON HOTELS APS DANMARK v HAYAT OTEL IŞLETMECILIĞI TURIZM YATIRIM VE TICARET ANONIM ŞIRKETI
[2023] Lloyd's Rep. Plus 68
Arbitration – Bias of arbitrator – Communication with just one party – Appeal against partial award – Whether appellant had waived right to appeal by continuing the arbitration without objection – Arbitration Act 1996, sections 68 and 73(1).
FASTFREIGHT PTE LTD v BULK TRIDENT SHIPPING LTD (THE “ANNA DOROTHEA”)
[2023] Lloyd's Rep. Plus 69
Charterparty (trip time) – Off hire – Charterparty stipulating no deductions from hire – Meaning of “deduction” – Whether payment obligation absolute or charterers permitted to make deductions –BIMCO’s infectious or contagious disease clause – NYPE 1993.
DAN-BUNKERING (SINGAPORE) PTE LTD v THE SHIP “YANGTZE FORTUNE”
[2023] Lloyd's Rep. Plus 70
Admiralty – Judicial sale of ship pendente lite – Crew members on board at anchorage for three months with wages unpaid for at least six weeks – Owner not provisioning ship – Shipowner not defending proceedings or opposing sale – Ship appearing to be abandoned – Condition of ship deteriorating – Caveats against release from arrest – Costs of maintaining vessel escalating – Admiralty Rules 1988 (Cth), rules 69 and 70.
BRIGGS MARINE CONTRACTORS LTD v BAKKAFROST SCOTLAND LTD
[2023] Lloyd's Rep. Plus 71
Arbitration – Separability – Contracts – Frustration – Oral agreement or oral variation to existing contract – Wreck fixed contract – Dispute arising out of or in connection with wreck removal contract – One-stop approach – Close causal connection.
PORT DE DJIBOUTI SA v DP WORLD DJIBOUTI FZCO
[2023] Lloyd's Rep. Plus 72
Arbitration – Jurisdiction – Loss of right to object – Arbitration Act 1996, sections 30, 67 and 73.
EMIRATES SHIPPING LINE DMCEST v GOLD STAR LINE LTD
[2023] Lloyd's Rep. Plus 73
Arbitration – Jurisdiction – Shipping line negotiating entry into liner consortium and simultaneously purchasing slots – Liability under slot purchase agreement – Whether one contract or two – Terms of slot purchase agreement – Whether liner consortium terms applied – Whether arbitration clause in liner consortium terms applied – Estoppel – Promissory estoppel – Estoppel by convention – Estoppel by acquiescence – Duty to speak – Arbitration Act 1996, section 67.
JTI POLSKA SP Z O O AND OTHERS v JAKUBOWSKI AND OTHERS
[2023] Lloyd's Rep. Plus 74
Carriage (road) – Carrier’s liability for excise duty – Cargo stolen at a service station in the course of carriage by road – Treaty interpretation – Meaning of “other charges incurred in respect of the carriage of the goods” – Vienna Convention on the Law of Treaties 1969 – Convention on the Contract for the International Carriage of Goods by Road 1956, article 23.4 – Carriage of Goods by Road Act 1965.
FMG HONG KONG SHIPPING LTD, THE DEMISE CHARTERERS OF FMG SYDNEY v THE OWNERS OF THE MSC APOLLO
[2023] Lloyd's Rep. Plus 75
Admiralty – Collision – Fault – Meaning of early and substantial action – Crossing rules – Duties of give-way vessel – Head-on situation – Collision Regulations, rules 14, 15, 16 and 17.
TRAFIGURA PTE LTD v TKK SHIPPING PTE LTD (THE “THORCO LINEAGE”)
[2023] Lloyd's Rep. Plus 76
Limitation of liability – Package limitation – Cargo owner incurring salvage charges and on-shipment costs following casualty – Carrier’s right to limit liability for claims for economic loss – Delay – Determination of a preliminary point of law – Arbitration Act 1996, section 45 – Hague-Visby Rules, article IV, rule 5(a).
PHILIPP v BARCLAYS BANK UK PLC
[2023] Lloyd's Rep. Plus 77
Banking – Fraud – “Authorised push payment” (APP) – Customer instructing bank to make payments to fraudster – Whether bank owed duty of care – Authority of agent – Whether duty to seek to recover money paid to fraudster.
TENACITY MARINE INC v NOC SWISS LLC AND ANOTHER
[2023] Lloyd's Rep. Plus 78
Procedure – Letters of indemnity – Mandatory order enforcing a letter of indemnity – Whether liability engaged – Language constituting a threat to arrest the vessel – Impossibility of compliance with order.
NATIONAL IRANIAN OIL CO v CRESCENT PETROLEUM CO INTERNATIONAL LTD AND ANOTHER
[2023] Lloyd's Rep. Plus 79
Arbitration – Jurisdiction – Determination by judge that right to appeal was not lost by waiver – Permission to appeal not sought from judge – Whether Court of Appeal had jurisdiction to grant permission to appeal – Arbitration Act 1996, sections 67 and 73.
LLC EUROCHEM NORTH-WEST-2 v TECNIMONT SPA AND ANOTHER
[2023] Lloyd's Rep. Plus 80
Arbitration – Anti-suit injunction – Intervention in third-party proceedings – Whether intervention was breach of the injunction – Whether intervention was breach of arbitration clause.
FINSBURY FOOD GROUP PLC v AXIS CORPORATE CAPITAL UK LTD AND OTHERS
[2023] Lloyd's Rep. Plus 81
Insurance (warranty and indemnity policy) – Whether seller in breach of warranty to assured – Causation.
FIMBANK PLC v KCH SHIPPING CO LTD (THE “GIANT ACE”)
[2023] Lloyd's Rep. Plus 82
Contracts (bills of lading) – Misdelivery – Claim for misdelivery occurring after discharge – Time bar – Whether Hague-Visby Rules time bar extinguished claims for misdelivery of cargo after discharge from the vessel – Contractual application of Hague-Visby Rules – Period between discharge and delivery – Implied terms – “Carver implied term” – Hague-Visby Rules, article III rule 6.
UNICREDIT BANK AG v EURONAV NV
[2023] Lloyd's Rep. Plus 83
Contracts (bills of lading) – Status of bill of lading in hands of original shipper – Delivery without production of the bill of lading – Bill of lading issued by shipowner – Charterparty novated to third party – Bill of lading evidencing a contract of carriage – Receipt function – Whether shipowner’s obligations contained in charterparty or bill of lading – Lawful holder of bill of lading – Liability – Quantum – Carriage of Goods by Sea Act 1992.
DB v AUSTRIAN AIRLINES AG
[2023] Lloyd's Rep. Plus 84
Aviation – Liability of air carriers for death or injury sustained by passengers – Meaning of “accident” – Bodily injuries aggravated by first aid administered following an accident that took place on board an aircraft – Convention for the Unification of Certain Rules for International Carriage by Air 1999 (Montreal Convention), articles 17(1), 29 and 35.
BPY v MXV
[2023] Lloyd's Rep. Plus 85
Arbitration – Serious irregularity – Substantial injustice – Fairness of hearing – Lack of cross-examination – Whether earlier award precluded findings in later award – Arbitration Act 1996, sections 68 and 73.
SUN VESSEL GLOBAL LTD v HQ AVIATION LTD AND ANOTHER
[2023] Lloyd's Rep. Plus 86
Admiralty – Limitation of liability – No limitation fund constituted - Pre-judgment interest – Rate of interest to award in case where no limitation fund constituted – Costs – Foreign legal practitioner – Convention on the Limitation of Liability for Maritime Claims 1976, article 11 – BVI Merchant Shipping Act 2001, section 404 – BVI Legal Profession Act, section 18(3).
IXOM OPERATIONS PTY LTD v BLUE ONE SHIPPING SA AND OTHERS (THE “CS ONSAN”)
[2023] Lloyd's Rep. Plus 87
Contract (bill of lading) – Identity of carrier – Bill of lading consignee obtaining time bar extension from “owner” – Litigation commenced against registered owner within time – Demise charterer joined out of time – Registered owner’s defence that it was not a party to the contract of carriage – Demise charterer’s time bar defence – Estoppel – Time bar – Extension of time – Carriage of Goods by Sea Act 1991 (Cth), section 8, schedule 1A – Amended Hague-Visby Rules, articles 1 and 3.
DEUTSCHE BANK AG, LONDON BRANCH v CENTRAL BANK OF VENEZUELA
[2023] Lloyd's Rep. Plus 88
Arbitration – Sovereign immunity – Waiver – Appointment of receiver – State Immunity Act 1978, sections 1, 9 and 13 – Arbitration Act 1996, section 44.
INFRASTRUCTURE SERVICES LUXEMBOURG SÀRL AND ANOTHER v KINGDOM OF SPAIN
[2023] Lloyd's Rep. Plus 89
Arbitration – International Centre for Settlement of Investment Disputes (ICSID) – European Union Energy Charter Treaty 1994 –Enforcement of award – Jurisdiction – Sovereign immunity – Non-disclosure – Arbitration (International Investment Disputes) Act 1966– State Immunity Act 1978 – Vienna Convention – CPR Part 62.
MERCEDES-BENZ GROUP AG AND ANOTHER v CONTINENTAL TEVES UK LTD AND OTHERS
[2023] Lloyd's Rep. Plus 90
Conflict of laws – Jurisdiction – Forum non conveniens – Whether case should be heard in England – Whether Germany was the most convenient forum.
TECHNIP SAUDI ARABIA LTD v MEDITERRANEAN AND GULF COOPERATIVE INSURANCE AND REINSURANCE CO
[2023] Lloyd's Rep. Plus 91
Insurance (liability) – Maritime construction project – Co-insurance – Effect of settlement reached without consent of insurers – Meaning of “Existing Property” exclusion – Quantum.
GLOBAL AEROSPARES LTD v AIREST AS
[2023] Lloyd's Rep. Plus 92
Arbitration – Request for Arbitration – Validity of notice of arbitration – Appointment of arbitrator – Whether appointment procedure failed – Arbitration Act 1996, sections 7, 14, 16, 18 and 77.
RHINE SHIPPING DMCC v VITOL SA
[2023] Lloyd's Rep. Plus 93
Charterparty (voyage) – Counterclaim – Definitions in contracts – Meaning of disponent owner – Loss of chance – Effect of internal hedging arrangements – Meaning of indemnity – Remoteness.
ETERNITY SKY INVESTMENTS LTD v ZHANG
[2023] Lloyd's Rep. Plus 94
Arbitration – Enforcement of award – Whether arbitration clause unfair – Consumer Rights Act 2015, sections 2, 62, 63 and 74 – Arbitration Act 1996, section 103.
CHUBB INSURANCE SINGAPORE LTD v SIZER METALS PTE LTD
[2023] Lloyd's Rep. Plus 95
Marine cargo insurance – All risks cover – Theft of cargo – Dispute as to whether cargo was lost before or during course of transit – Burden of proof – Institute Cargo Clauses (A).
PAYWARD INC AND OTHERS v CHECHETKIN
[2023] Lloyd's Rep. Plus 96
Arbitration – Enforcement of award – Whether arbitration clause unfair – Consumer Rights Act 2015, sections 2, 63 and 74 – Financial Services and Markets Act 2000 – Arbitration Act 1996, section 103.
LMH v EGK
[2023] Lloyd's Rep. Plus 97
Arbitration – Serious irregularity – Failure to deal with all issues – Evidence – Error in award – Arbitration Act 1996, sections 52, 57, 68, 70 and 73.
CZECH REPUBLIC v DIAG HUMAN SE AND ANOTHER
[2023] Lloyd's Rep. Plus 98
Arbitration – Appeal against award – Security for costs – Security for award – Arbitration Act 1996, sections 70(6) and (7).
REPUBLIC OF MOZAMBIQUE v PRIVINVEST SHIPBUILDING SAL (HOLDING) AND OTHERS
[2023] Lloyd's Rep. Plus 99
Arbitration – Stay of judicial proceedings – Meaning of a “matter” to be referred to arbitration – Relationship between “matter” and arbitration clause – Arbitration Act 1996, section 9.
FAMILYMART CHINA HOLDING CO LTD v TING CHUAN (CAYMAN ISLANDS) HOLDING CORPORATION
[2023] Lloyd's Rep. Plus 100
Arbitration – Stay of proceedings – Winding-up petition – Whether arbitration clause inoperative for disputes between shareholders – Stay of winding-up petition – Case management – Arbitration Act 1996, section 9.
DALSTON PROJECTS LTD AND OTHERS v THE SECRETARY OF STATE FOR TRANSPORT
[2023] Lloyd's Rep. Plus 101
Sanctions – Detention of vessel by Secretary of State – Vessel owned by person “connected with” Russia – Owner not a person designated for sanctions –Purpose of the Sanctions and Anti-Money Laundering Act 2018 – Russia (Sanctions) (EU Exit) Regulations 2019, as amended – Proportionality – European Convention on Human Rights.
JOL AND ANOTHER v JPM
[2023] Lloyd's Rep. Plus 102
Arbitration – Interim relief from court – Whether court should order return of vessels – Arbitration Act 1996, sections 38 and 44.
COMMERZBANK AG v RUSCHEMALLIANCE LLC
[2023] Lloyd's Rep. Plus 103
Arbitration – Anti-suit injunction – Arbitration with seat in France – Whether English court should grant anti-suit injunction – Senior Courts Act 1981, section 37 – CPR 6.36 and 6.37 – CPR Practice Direction 6B.
DEUTSCHE BANK AG v RUSCHEMALLIANCE LLC
[2023] Lloyd's Rep. Plus 104
Arbitration – Anti-suit injunction – Arbitration with seat in France – Whether English court should grant anti-suit injunction – Senior Courts Act 1981, section 37 – CPR 6.37 – CPR Practice Direction 6B.
FEDERAL REPUBLIC OF NIGERIA v PROCESS & INDUSTRIAL DEVELOPMENTS LTD
[2023] Lloyd's Rep. Plus 105
Arbitration – Serious irregularity – Whether award obtained by fraud or contrary to public policy – Substantial injustice – Loss of the right to object – Arbitration Act 1996, sections 68 and 73.
LAST BUS LTD (TRADING AS DUBLIN COACH) v DAWSONGROUP BUS AND COACH LTD AND ANOTHER
[2023] Lloyd's Rep. Plus 106
Hire-purchase – Exclusion clause – Reasonableness - Supply of Goods (Implied Terms) Act 1973, section 10 – Unfair Contract Terms Act 1977, sections 3 and 11.
LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v KINGDOM OF SPAIN (THE “PRESTIGE”)
[2023] Lloyd's Rep. Plus 107
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, 68 and 69 – State Immunity Act 1978, section 13 – Senior Courts Act 1981, section 50 – Brussels Regulation (EC) No 44/2001, articles 1 and 34.
THE FRENCH STATE v THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD
[2023] Lloyd's Rep. Plus 108
Arbitration – Error of law – Extension of time for appeal – Breach of obligation to arbitrate – Definition of “award” – Equitable compensation – Injunctive relief against a state – Arbitration Act 1996, sections 48, 66 and 69 – State Immunity Act 1978, section 13.
HULLEY ENTERPRISES LTD AND OTHERS v THE RUSSIAN FEDERATION
[2023] Lloyd's Rep. Plus 109
Arbitration – Recognition and enforcement of award - Tribunal ruling in favour of jurisdiction over claim against Russia – Challenge to award on jurisdictional grounds dismissed by the Dutch courts – Whether Dutch ruling created issue estoppel in English enforcement proceedings – State Immunity Act 1978 – Civil Jurisdiction and Judgments Act 1982, section 31.
LORD AND OTHERS v KINSELLA AND OTHERS
[2023] Lloyd's Rep. Plus 110
Arbitration – Serious irregularity – Error of law – Effect of “interim award” –Date of award – Extension of time for appeal – Arbitration Act 1996 sections 47, 52, 57, 58, 68, 69 and 70.
SEALANES (1985) PTY LTD v THE VESSEL MY “ISLAND ESCAPE”
[2023] Lloyd's Rep. Plus 111
Admiralty – Proceedings in rem – General maritime claim – Supply of goods or materials to the ship for its operation or maintenance – Demise charterer – Evidence that defendant a demise charterer – Summary judgment – Admiralty Act 1988 (Cth), sections 3(1), 4(1), 4(2)(a), 4(3)(m), 10, 14 and 18 – Admiralty Rules 1988 (Cth), rules 23 and 31.