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Lloyd's Maritime Law Newsletter

JDA Co Ltd and Others v AIG Insurance New Zealand Ltd and Others - [2022] NZCA 532, New Zealand Court of Appeal (Justice Miller, Justice Gilbert and Justice Simon France) - 9 November 2022

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 (New Zealand), section 34
Online Published Date:  12 December 2022
Appeared in issue:  1122 - 12 December 2022

MUR Shipping BV v RTI Ltd - [2022] EWCA Civ 1406, Court of Appeal (Lord Justice Newey, Lord Justice Males and Lord Justice Arnold) - 27 October 2022

Contract of affreightment - Sanctions - Force majeure affecting delay in loading and discharge - Exercise of reasonable endeavours - Dollar payments required by the contract - Offer to pay in euros - Whether sanctions could have been overcome by acceptance of non-contractual performance.
Online Published Date:  12 December 2022
Appeared in issue:  1122 - 12 December 2022

Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG (The BBC Nile) - [2022] FCAFC 171, Federal Court of Australia, Full Court (Supreme Court Justice Rares, Justice Derrington and Justice Stewart - 12 October 2022

Carriage of goods - Bill of lading - Bill of lading for 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) and 11(2), and article 3(8) of schedule 1A
Online Published Date:  12 December 2022
Appeared in issue:  1122 - 12 December 2022

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