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ALBON v NAZA MOTOR TRADING SDN BHD (NO 3)

[2007] 2 Lloyd's Rep. 1

Arbitration - Claimant bringing proceedings in England - Defendant asserting existence of joint venture agreement containing arbitration clause - Claimant arguing that joint venture agreement a forgery - Stay of proceedings under inherent jurisdiction of court - Whether trial should be ordered on validity of joint venture - Effect of Arbitration Act 1996, section 9.

ELEKTRIM SA v VIVENDI UNIVERSAL SA (NO 2)

[2007] 2 Lloyd's Rep. 8

Arbitration - Anti-suit injunction - Two sets of arbitration proceedings taking place between the parties - Application by claimant for anti-suit injunction in respect of first arbitration - Conditions for grant of injunction - Effect of Arbitration Act 1996 - Supreme Court Act 1981, section 37.

RAVENNAVI SPA v NEW CENTURY SHIPBUILDING CO LTD

[2007] 2 Lloyd's Rep. 24

Contract - Option agreement - Buyer having option to purchase two vessels from shipbuilders - Option agreement providing for vessels to be delivered by specified dates with earlier delivery if possible - Options exercised under shipbuilding contracts containing “entire agreement” clause - Buyer contending that shipyard was in breach of its obligation to make earlier delivery - Shipyard contending that obligation to make earlier delivery lapsed on exercise of option - Determination of preliminary issues on construction of option agreement and shipbuilding contracts.

STRETFORD v FOOTBALL ASSOCIATION LTD

[2007] 2 Lloyd's Rep. 31

Arbitration - Licence granted to agent on terms of Football Association Rules - FA Rules containing arbitration clause excluding right of appeal - Agent seeking declaration that disciplinary proceedings brought by FA were null and void - FA seeking stay of judicial action in reliance on arbitration clause - Whether arbitration clause consistent with article 6 of the European Convention on Human Rights - Arbitration Act 1996, section 9.

BANQUE SAUDI FRANSI v LEAR SIEGLER SERVICES INC

[2007] 2 Lloyd's Rep. 47

Banking - Performance bond - Claimant bank issuing performance bond - Counter-indemnity given by defendant - Application by bank for summary judgment on counter-indemnity - Allegation by defendant of fraud by beneficiary - Whether bank entitled to summary judgment.

HALPERN v HALPERN

[2007] 2 Lloyd's Rep. 56

Compromise agreement - Conflict of laws - Compromise agreement made to settle inheritance dispute - Allegation that agreement induced by duress - Law applicable to compromise agreement - Whether English law recognised as applicable law a system of law other than that of a country - Duress - Whether restitution required as condition of rescission of contract for duress.

MARCONI COMMUNICATIONS INTERNATIONAL LTD v PT PAN INDONESIA BANK LTD TBK

[2007] 2 Lloyd's Rep. 72

Conflict of laws - Service outside the jurisdiction - Whether English court had jurisdiction - Letter of credit - Whether contract governed by English law - Whether contract made in England - Whether contract made through agent trading in England - Forum non conveniens - Contracts (Applicable Law) Act 1990, schedule 1, article 4 - Civil Procedure Rules, rule 6.20.

SUMUKAN LTD v THE COMMONWEALTH SECRETARIAT

[2007] 2 Lloyd's Rep. 87

Arbitration - Error of law - Arbitration clause incorporating document containing clause excluding right of appeal against award for error of law - Judge deciding that exclusion agreement valid - Judge refusing permission to appeal - Whether Court of Appeal could give permission to appeal - Whether exclusion agreement valid - European Convention on Human Rights, article 6 - Arbitration Act 1996, section 69.

AIC LTD v MARINE PILOT LTD (THE “ARCHIMIDIS”)

[2007] 2 Lloyd's Rep. 101

Charterparty (Voyage) - Deadfreight - Vessel chartered to load cargo from “1 safe port Ventspils” - Charter requiring charterers to load minimum 90,000 mt and giving charterers option to load cargo by ship-to-ship transfer at anchor - Vessel tendering NOR to load maximum of 67,000 mt due to draft restrictions - Charterers tendering 93,410 mt cargo knowing vessel could not load more than 67,000 mt at berth - Whether charterers liable for deadfreight - Whether safe port warranty - Whether need for lightering can render port unsafe.

DATEC ELECTRONICS HOLDINGS LTD v UNITED PARCELS SERVICE LTD

[2007] 2 Lloyd's Rep. 114

Carriage of goods by road - Consignment of goods to be carried from England to The Netherlands - Goods failing to arrive - Claim against carriers - Amount of liability - Whether contract of carriage - Whether loss caused by wilful misconduct of carriers’ employee - Convention on the Contract for the International Carriage of Goods by Road (CMR), articles 17, 23, 29 and 41.

FRONT CARRIERS LTD v ATLANTIC AND ORIENT SHIPPING CORPORATION (THE “DOUBLE HAPPINESS”)

[2007] 2 Lloyd's Rep. 131

Charterparty - Whether binding agreement - Name of disponent owners incorrectly stated in recap communications - Whether mistake of identity or mere misnomer - Jurisdiction of arbitrators - Arbitration Act 1996, section 32.

HEWDEN TOWER CRANES LTD v WOLFFKRAN GMBH

[2007] 2 Lloyd's Rep. 138

Conflict of laws - Jurisdiction - English company bringing proceedings against German company claiming damages for negligence and for a contribution under Civil Liability (Contribution) Act 1978 - Whether contribution claim a “matter relating to tort” - Whether defendant entitled to rely on contractual jurisdiction clauses - Council Regulation 44/2001, articles 2, 5(3) and 23.

P & O NEDLLOYD BV v ARAB METALS CO (THE “UB TIGER”)

[2007] 2 Lloyd's Rep. 148

Practice - Amendment - Application to amend particulars of claim after expiry of limitation period - Whether new claims arose out of substantially the same facts as original claims - CPR 17.4(2).

ASM SHIPPING LTD OF INDIA v TTMI LTD OF ENGLAND (NO 2)

[2007] 2 Lloyd's Rep. 155

Arbitration - Application for removal of arbitrators by owners - Charterers resisting application - Owners seeking order debarring charterers from contesting the application and from contesting the arbitration by reason of charterers’ failure to honour an earlier partial award in favour of owners - Effect of court’s order enforcing earlier award - Whether charterers in contempt - Whether court had power to restrain participation in arbitration - Arbitration Act 1996, sections 24 and 66.

GOLDEN STRAIT CORPORATION v NIPPON YUSEN KUBISHKA KAISHA (THE “GOLDEN VICTORY”)

[2007] 2 Lloyd's Rep. 164

Charterparty (Time) - Damages - Each party having right to cancel charter in event of war between UK and Iraq - Charterparty to terminate in 2005 - Repudiation of charterparty by charterers in 2001 - War breaking out in 2003 - Owner’s measure of damages - Whether damages ran from date of repudiation to outbreak of war in 2003 or from date of repudiation to later date on which charterparty due to terminate - Arbitration Act 1996, section 69.

UZINTERIMPEX JSC v STANDARD BANK PLC

[2007] 2 Lloyd's Rep. 187

Banking - International trade - Letters of credit - UCP 458 - Advance payment guarantee - Performance bond - Tender of documents - Letters of indemnity - Sale contract - FOB terms - Fraud - Tort of deceit - Conversion - Implied term.

DDT TRUCKS OF NORTH AMERICA LTD v DDT HOLDINGS LTD

[2007] 2 Lloyd's Rep. 213

Arbitration - Distributorship agreement containing arbitration clause - Agreement allegedly terminated by agreement - Arbitrator finding for claimants - Challenge to award - Jurisdiction - Whether arbitration clause also terminated - Whether perjured evidence produced by claimants - Whether error of law by arbitrator - Whether time for appeal should be extended - Arbitration Act 1996, sections 7, 67, 68, 69, 70.

HBC HAMBURG BULK CARRIERS GMBH & CO KG v TANGSHAN HAIXING SHIPPING CO LTD (THE “FU NING HAI”)

[2007] 2 Lloyd's Rep. 223

Charterparty (Time) - Charter providing for cancellation by charterers if vessel off-hire for more than 30 days - Whether agreed period of drydocking counted towards 30 day off-hire period.

P&O NEDLLOYD BV v ARAB METALS CO (THE “UB TIGER” (NO 2))

[2007] 2 Lloyd's Rep. 231

Practice - Limitation of time - Claim for specific performance of contract of carriage - Defence of laches - Whether statutory limitation period for claims in contract applicable by analogy - Whether parties bound by issue estoppel - Whether abuse of process - Whether claimant had real prospect of defeating defence of laches - CPR Part 24 - Limitation Act 1980, section 36.

R (ON THE APPLICATION OF THE ASSOCIATION OF BRITISH TRAVEL AGENTS LTD) v CIVIL AVIATION AUTHORITY [2006] EWCA Civ 1356

[2007] 2 Lloyd's Rep. 249

Air traffic - Civil Aviation Authority - Licensing of provision of accommodation in aircraft - Air Travel Organiser’s Licence - When flight accommodation is part of a “package” - Civil Aviation Act 1982, section 71 - Civil Aviation (Air Travel Organiser’s Licensing) Regulations 1995, regulation 3.

FIONA TRUST & HOLDING CORPORATION AND OTHERS v PRIVALOV AND OTHERS

[2007] 2 Lloyd's Rep. 267

Arbitration - Charterparty providing that “Any dispute arising under this charter” should be referred to London arbitration - Shipowners bringing court proceedings claiming rescission of charterparties for bribery and fraud - Whether arbitration clause covered dispute - Whether charterers entitled to stay of proceedings under Arbitration Act 1996, section 9.

HIH CASUALTY AND GENERAL INSURANCE LTD v JLT RISK SOLUTIONS LTD

[2007] 2 Lloyd's Rep. 278

Insurance and reinsurance brokers - Brokers placing both direct risk and reinsurance - Brokers becoming aware of breaches of warranty in insurance and reinsurance - Brokers not specifically drawing information to reinsured’s attention - Whether brokers owed duty of care to keep reinsured informed - Whether duty broken - Causation and contributory negligence.

OAO NORTHERN SHIPPING CO v REMOLCADORES DE MARIN SL

[2007] 2 Lloyd's Rep. 302

Arbitration - Sale of vessel - Dispute as to power rating of engine - Arbitrators deciding case on basis that no representation made - Arguments turning on other issues - Whether serious irregularity - Whether serious injustice - Arbitration Act 1996, section 68(2)(a).

SUNDERLAND MARINE MUTUAL INSURANCE CO LTD v WISEMAN (THE “SEAWARD QUEST”)

[2007] 2 Lloyd's Rep. 308

Insurance - Conflict of laws - Insurance claim for loss of vessel paid by English insurance company to assured domiciled in Scotland - Allegation that three defendants domiciled in Scotland conspired to scuttle vessel and to make false witness statements in Scotland - Claim for restitution - Whether English court had jurisdiction - Place where harmful event occurred - Forum non conveniens - Civil Jurisdiction and Judgments Act 1982, schedule 4.

AWB (GENEVA) SA PIONEER METALS LOGISTICS CO LTD BVI v NORTH AMERICA STEAMSHIPS LTD WOLRIDGE MAHON LTD

[2007] 2 Lloyd's Rep. 315

Conflict of laws - Insolvency - Defendant becoming insolvent in Canada - Defendant’s trustee preparing application for declaration as to obligations of claimants under contracts with the defendant - Whether English court should grant anti-suit injunction to restrain trustee’s action.

RHODIA INTERNATIONAL HOLDINGS LTD AND ANOTHER v HUNTSMAN INTERNATIONAL LLC

[2007] 2 Lloyd's Rep. 325

Sale of business - Claimants agreed to sell to defendants a chemical business - Defendants not honouring energy supply contract between claimants and third party energy supplier - Whether defendants liable to indemnify claimants in respect of liability to third party under energy supply contract - Whether defendants used reasonable endeavours as required by sale of business contract to obtain consent of third party to novate energy supply contract.

SCOTTISH & NEWCASTLE INTERNATIONAL LTD v OTHON GHALANOS LTD

[2007] 2 Lloyd's Rep. 341

Conflict of laws - Jurisdiction - Sale of goods CFR Limassol - Goods shipped at Liverpool - Sellers bringing proceedings in England against buyers domiciled in Cyprus - Place where goods delivered - Whether sellers entitled to sue in England - Council Regulation 44/2001, article 5.1(b).

THE REPUBLIC OF ECUADOR v OCCIDENTAL EXPLORATION & PRODUCTION CO (NO 2)

[2007] 2 Lloyd's Rep. 352

Arbitration - Bilateral Investment Treaty between Ecuador and the US - US company commencing arbitration against Ecuador - Company obtaining award - Whether award in excess of arbitrator’s jurisdiction - Proper construction of BIT - Arbitration Act 1996, section 67.

THE OWNERS AND/OR DEMISE CHARTERERS OF THE TUG “SEA TRACTOR” v THE OWNERS OF THE SHIP “TRAMP” (THE “TRAMP”)

[2007] 2 Lloyd's Rep. 363

Salvage or towage - Award - Vessel getting into difficulties when departing berth - Services rendered by tug.

C v D

[2007] 2 Lloyd's Rep. 367

Arbitration - Two US corporations agreed to arbitrate in England - Claimant seeking anti-suit injunction to prevent defendant from bringing action in United States challenging award - Effect of seat of arbitration being in England - Whether agreement to arbitrate governed by English law - Binding effect of award on defendant - Arbitration Act 1996, sections 2, 4 and 58.

KENSINGTON INTERNATIONAL LTD v THE REPUBLIC OF THE CONGO

[2007] 2 Lloyd's Rep. 382

Privilege against self-incrimination - Application for disclosure of documents and evidence held by third parties - Third parties arguing that disclosure exposed them to potential criminal charges under English law - Whether privilege against self-incrimination available - Supreme Court Act 1981, section 37 - Fraud Act 2006, section 31.

T COMEDY (UK) LTD v EASY MANAGED TRANSPORT LTD

[2007] 2 Lloyd's Rep. 397

Carriage of goods by road - Goods transported from Turkey to UK - Lien - Carrier exercising general lien over goods to secure payment for outstanding invoices - Ownership of goods - Whether terms of Road Haulage Association incorporated into contract of carriage - Whether RHA conditions consistent with CMR Convention - Carriage of Goods by Road Act 1965.

7E COMMUNICATIONS LTD v VERTEX ANTENNENTECHNIK GMBH

[2007] 2 Lloyd's Rep. 411

Jurisdiction - Sale of goods by German company to English company - Seller’s quotation containing German exclusive jurisdiction clause - Dispute as to quality of goods - Whether parties agreed to refer disputes to German courts - Council Regulation 44/2001, article 23 - Procedure - Appellate jurisdiction - Whether court has jurisdiction to transfer “appeal” to Court of Appeal where application for permission to appeal refused - CPR 52.14.

ALBON v NAZA MOTOR TRADING SDN BHD (NO 4)

[2007] 2 Lloyd's Rep. 420

Arbitration - Anti-arbitration injunction - Dispute under contract governed by English law - Defendant seeking stay in favour of arbitration in Malaysia - Claimant disputing validity of arbitration clause - English court ordering trial on validity of arbitration clause - Whether defendant to be restrained from proceeding with arbitration - CPR Parts 6.20(5) and 62.

BRITISH ENERGY POWER & ENERGY TRADING LTD AND OTHERS v CREDIT SUISSE AND OTHERS

[2007] 2 Lloyd's Rep. 427

Option Agreements - Assignment of rights under sub-participation agreements by holders of options - Assignments prohibited by Option Agreements - Whether prohibition on assignment binding on all parties to the Option Agreements - Effect of assignment - Whether prohibition on assignment contrary to public policy.

DEMIREL v TASARRUFF MEVDUATI SIGORTA FONU

[2007] 2 Lloyd's Rep. 440

Conflict of laws - Claimant obtaining three judgments against defendant in Turkey - Claimant seeking permission to serve enforcement proceedings on defendant outside jurisdiction - Whether precondition for grant of permission that defendant possessed assets within the jurisdiction - Civil Procedure Rules 6.20(9).

IFE FUND SA v GOLDMAN SACHS INTERNATIONAL

[2007] 2 Lloyd's Rep. 449

Misrepresentation - Purchase by claimant of bonds to finance purchase of English company by French company - Bonds sold by defendants to claimants - English company’s financial position falsely presented in its accounts - Whether defendants liable for misrepresentation - Whether defendants owed a duty of care - Exclusion of duties - Misrepresentation Act 1967.

SONY COMPUTER ENTERTAINMENT LTD v RH FREIGHT SERVICES LTD AND OTHERS

[2007] 2 Lloyd's Rep. 463

Carriage of goods by road - Goods to be carried from England to Holland - Goods stolen by armed robbers - Whether loss due to wilful misconduct of carrier - Proceedings commenced in both Holland and England - Jurisdiction - Date on which proceedings became pending - Whether two actions were on the same grounds - Whether CMR Convention or Council Regulation 44/2001 governed jurisdiction.

ARCHITECTS OF WINE LTD v BARCLAYS BANK PLC

[2007] 2 Lloyd's Rep. 471

Banking - Cheque - Conversion - Director of claimant company arranging for claimant’s cheques to be paid into account of associated company at defendant bank - Whether bank acted without negligence - Cheques Act 1957, section 4(1).

BANCO NACIONAL DE COMERCIO EXTERIOR SNC v EMPRESA DE TELECOMMUNICACIONES DE CUBA SA BRITISH TELECOMMUNICATIONS PLC (INTERVENING)

[2007] 2 Lloyd's Rep. 484

Conflict of laws - Freezing order - Claimant obtaining judgment in Italy and registering judgment in England - Court made domestic freezing order and subsequently a worldwide freezing order - Whether English court had jurisdiction to make worldwide freezing order - Council Regulation 44/2001, article 47 - Civil Jurisdiction and Judgments Act 1982, section 25 - Undertakings required by court on making of order - Civil Procedure Rules, Part 25 Practice Direction.

BEA HOTELS NV v BELLWAY LLC

[2007] 2 Lloyd's Rep. 493

Arbitration - Jurisdiction - Parties agreed to arbitrate - Defendant then commenced judicial proceedings in Israel - Whether defendant was in repudiatory breach of the arbitration agreement - Whether arbitrator had jurisdiction - Arbitration Act 1996, section 67.

DENFLEET INTERNATIONAL LTD & ANOTHER v TNT GLOBAL SPA & ANOTHER

[2007] 2 Lloyd's Rep. 504

Carriage of goods by road - Goods damaged in fire following crash near Milan when driver fell asleep at wheel - Whether driver guilty of wilful misconduct - Whether claim time-barred - CMR Convention, articles 29 and 32.

LIA OIL SA v ERG PETROLI SPA

[2007] 2 Lloyd's Rep. 509

Sale of goods - Demurrage - Limitation of actions - Whether claim for demurrage time-barred - Whether debt acknowledged - Limitation Act 1980, section 29(5).

EDWINTON COMMERCIAL CORPORATION AND ANOTHER v TSAVLIRIS RUSS (WORLDWIDE SALVAGE & TOWAGE) LTD (THE “SEA ANGEL”)

[2007] 2 Lloyd's Rep. 517

Charterparty (Time) - Frustration - Salvage of grounded oil tanker by defendants under Lloyd’s Open Form - Defendants chartering vessel from claimants for transhipment - Whether charterparty frustrated by refusal of port authorities to issue “No Demand Certificate” allowing port clearance pending payment of oil spillage clean-up costs.

ERG RAFFINERIE MEDITERRANEE SPA v CHEVRON USA INC (THE “LUXMAR”)

[2007] 2 Lloyd's Rep. 542

Sale of goods (fob) - Construction - Nominated vessel arriving within laycan period - Delay by sellers in loading vessel - Buyers terminating contract for repudiatory breach - Whether termination lawful - Whether buyers entitled to general damages for late delivery.

REPUBLIC OF KAZAKHSTAN v ISTIL GROUP LTD

[2007] 2 Lloyd's Rep. 548

Arbitration - High Court upholding challenge to tribunal’s substantive jurisdiction and refusing leave to appeal - Whether Court of Appeal had jurisdiction to grant leave to appeal - Arbitration Act 1996, section 67(4) - European Convention on Human Rights, article 8.

TRANSFIELD SHIPPING INC v MERCATOR SHIPPING INC (THE “ACHILLEAS”)

[2007] 2 Lloyd's Rep. 555

Charterparty (Time) - Redelivery - Vessel redelivered late - Measure of damages - Whether owners entitled to recover loss of profits under subsequent fixture.

E D & F MAN SUGAR LTD v LENDOUDIS

[2007] 2 Lloyd's Rep. 579

Arbitration - Enforcement of award - Award obtained in 1994 - Order from Greek courts recognising award - Application to English court for enforcement of Greek judgment - Whether application time-barred - Whether grounds of application properly stated - Whether claim form could be amended - Limitation Act 1980, section 7 - Arbitration Act 1996, section 66 - Civil Procedure Rules 17.4, 62.3 and 62.18 - Whether summary judgment could have been awarded.

GATER ASSETS LTD v NAK NAFTOGAZ UKRAINIY

[2007] 2 Lloyd's Rep. 588

Arbitration - Enforcement of award - Award made in Russia - Application to enforce award in England - Enforcement challenged on public policy grounds by award debtor - Whether award creditor could be required to give security for costs - Arbitration Act 1996, sections 66 and 99 to 104 - CPR Parts 25 and 68.

SUNROCK AIRCRAFT CORPORATION LTD v SCANDINAVIAN AIRLINES SYSTEM DENMARK-NORWAY-SWEDEN

[2007] 2 Lloyd's Rep. 612

Aircraft lease - Contract for sale and leaseback of aircraft - Proper construction of hirer’s redelivery obligations - Breach of dispute resolution agreement - Measure of damages.

TRAFIGURA BEHEER BV AND ANOTHER v MEDITERRANEAN SHIPPING COMPANY SA (THE “MSC AMSTERDAM”)

[2007] 2 Lloyd's Rep. 622

Bill of lading - Forged bills - Misdelivery - Whether shipowners entitled to rely on limitation provisions in bill of lading and Hague/Hague-Visby Rules - Whether cargo owners entitled to recover hedging losses - Whether damages to be assessed on value of goods at date of conversion or date of trial.

Lloyd's Law Reports