i-law

Lloyd's Law Reports Plus

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).

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.

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.

VITOL SA v JE ENERGY LTD

[2023] Lloyd's Rep. Plus 21
Contracts (sale) – Sale of crude oil fob – Deal recap – Long-form contracts – Laycan – Post-contractual negotiations – 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.

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).

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.