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AXA SUN LIFE SERVICES PLC v CAMPBELL MARTIN LTD AND OTHERS AXA SUN LIFE SERVICES PLC v HARRY BENNETT & ASSOCIATES LTD AND ANOTHER AXA SUN LIFE SERVICES PLC v IDEAL FINANCIAL PLANNING LTD AXA SUN LIFE SERVICES PLC v KYMIN MORTGAGE SERVICES LTD AND OTHERS
[2011] 2 Lloyd's Rep. 1
Insurance — Appointed Representative Agreement — Scope of entire agreement, set-off and conclusive evidence clauses — Whether clauses fell within Unfair Contract Terms Act 1977 — Whether clauses were reasonable — Unfair Contract Terms Act 1977, sections 3 and 11 — Misrepresentation Act 1967, section 3.
B v S
[2011] 2 Lloyd's Rep. 18
Practice — Freezing injunction — Jurisdiction — Agreement for sale of sunflower seed oil — Scott v Avery clause — Buyers commencing arbitration proceedings against sellers — Buyers obtaining freezing injunction against sellers’ assets — Whether arbitration clause precluded buyers from obtaining freezing injunction — Whether court had jurisdiction to grant injunction — FOSFA 54 — Arbitration Act 1996, section 44.
FORTIS BANK SA/NV AND ANOTHER v INDIAN OVERSEAS BANK
[2011] 2 Lloyd's Rep. 33
Banking — Letters of credit — Issuing bank refusing to pay under letters of credit — Whether documents complied with contract — Whether bill of lading date was date of shipment — Whether issuing bank precluded from relying on discrepancies — Whether issuing bank failed to return documents with reasonable promptness — UCP 600, article 16(c) and (f).
NORTH SHORE VENTURES LTD v ANSTEAD HOLDINGS INC AND OTHERS
[2011] 2 Lloyd's Rep. 45
Loan — Guarantee — Liability of Guarantors — Whether creditor had failed to disclose material facts to Guarantor — Whether terms of loan agreement were valid or had been varied — Whether right to rely upon variation lost by the terms of the Guarantee.
ARGO SYSTEMS FZE v LIBERTY INSURANCE (PTE) AND ANOTHER
[2011] 2 Lloyd's Rep. 61
Insurance (marine) — TOWCON excluding liability for damage to vessel — Policy containing warranty against holding towers harmless — Whether warranty broken — Whether insurers estopped from relying on breach of warranty — Misrepresentation — Whether insurers waived right to avoid — Whether insurers entitled to recover damages under Misrepresentation Act 1967, section 2(1).
ENVIROCO LTD v FARSTAD SUPPLY A/S (THE “FAR SERVICE”)
[2011] 2 Lloyd's Rep. 72
Charterparty — Exemption clause allocating insurable risk between shipowners and charterers and their “Affiliates” — Vessel sustaining fire damage during cleaning of oil tanks by service company related to charterers — Whether service company entitled to benefit of exemption clause on basis that it was an “Affiliate” of charterers — Companies Act 1985, sections 736(1)(c) and 736A(6) and (7).
BRITANNIA BULK PLC (IN LIQUIDATION) v PIONEER NAVIGATION LTD AND ANOTHER BRITANNIA BULK PLC (IN LIQUIDATION) v BULK TRADING SA
[2011] 2 Lloyd's Rep. 84
Contract — Forward freight agreements — Agreements terminating automatically on bankruptcy of defaulting party — Non-defaulting party thereby relieved from liabilities which it would have incurred had agreements continued — Whether non-defaulting party made a “gain” as a result of early termination — Whether non-defaulting party liable to make payment to defaulting party — ISDA 1992 Master Agreement, section 6(e).
PIONEER FREIGHT FUTURES CO LTD (IN LIQUIDATION) v TMT ASIA LTD
[2011] 2 Lloyd's Rep. 96
Contract — Forward freight agreements — Earlier agreements concluded on FFABA 2005 Terms — Later agreements concluded on FFABA 2007 Terms — Claimant suffering bankruptcy Event of Default — Whether FFABA 2007 Terms applying retrospectively to earlier agreements — Whether Automatic Early Termination applied — Construction of FFABA Terms 2007, clauses 10, 21(b) and 21(d) — ISDA 1992 Master Agreement, section 6(e).
WEST TANKERS INC v ALLIANZ SPA AND ANOTHER (THE “FRONT COMOR”)
[2011] 2 Lloyd's Rep. 117
Arbitration — Enforcement of English award — Whether declaration is a means of enforcement — Effect of declaration on later EU judgment — Arbitration Act 1996, section 66 — European Council Regulation (EC) No 44/2001, articles 33 and 34.
EGLITIS AND ANOTHER v LATVIJAS REPUBLIKAS EKONOMIKAS MINISTRIJA
[2011] 2 Lloyd's Rep. 123
Aviation — Compensation and assistance for aircraft passengers — Cancellation of flight — European Parliament and Council Regulation 261/2004/EC.
JSC BTA BANK v ABLYAZOV AND OTHERS
[2011] 2 Lloyd's Rep. 129
Arbitration - Stay of proceedings - Alleged invalidity of loans - Whether arbitration clauses in loan agreements were invalid - Burden of proof.
MELINDA HOLDINGS SA v HELLENIC MUTUAL WAR RISKS ASSOCIATION (BERMUDA) LTD (THE “SILVA”)
[2011] 2 Lloyd's Rep. 141
Insurance (marine) — Seizure of vessel — Whether loss the result of “ordinary judicial process”, “action taken for the purpose of enforcing or securing payment of a claim” or “any financial cause of any nature” — Suing and labouring clause — Effect of breach.
ROTENBERG v SUCAFINA SA
[2011] 2 Lloyd's Rep. 159
Arbitration — Interim award — Whether interim award final and binding or merely provisional — Whether extension of time should be granted Arbitration Act 1996, sections 39, 47, 58 and 79.
CARBOEX SA v LOUIS DREYFUS COMMODITIES SUISSE SA
[2011] 2 Lloyd's Rep. 177
Charterparty (Voyage) — Demurrage — Strike — Berth charter — Exceptions clause providing that time not to count if discharge delayed by strike — Vessel delayed in getting into berth due to congestion caused by after-effects of strike — Strike ending before vessel berthed — Whether delay counted as laytime — AmWelsh form, clause 9.
FORTIS BANK SA/NV AND ANOTHER v INDIAN OVERSEAS BANK
[2011] 2 Lloyd's Rep. 190
Banking — Letters of credit — Issuing bank refusing to pay on basis of alleged discrepancies — Issuing bank precluded from relying on discrepancies because of failure to return documents with reasonable promptness — Beneficiary claiming damages against issuing bank for wrongful failure to honour letters of credit — Whether issuing bank in breach of contractual duty owed to beneficiary — Date by which documents ought to have been returned — Whether breach caused loss complained of — Whether beneficiary entitled to restitutionary remedy — UCP 600, articles 7 and 16.
SALDANHA v FULTON NAVIGATION INC (THE “OMEGA KING”)
[2011] 2 Lloyd's Rep. 206
Practice — Conflict of laws — Jurisdiction — Forum non conveniens — Indian crewmember of Marshall Islands vessel sustaining personal injury whilst vessel at anchor in United Kingdom territorial waters — Crewmember obtaining default judgment against shipowner — Shipowner challenging jurisdiction — Whether relevant jurisdiction that of vessel’s flag or of littoral state — Whether forum non conveniens — Whether default judgment should be set aside Private International Law (Miscellaneous Provisions) Act 1995, section 11 — CPR 13.3(1).
STAR REEFERS POOL INC v JFC GROUP LTD
[2011] 2 Lloyd's Rep. 215
Conflict of laws — Jurisdiction — Applicable law of contract — Claimant owners bringing claim against Russian guarantor of charterparty expressly governed by English law — Guarantor not party to charterparty — Guarantee not providing for any express choice of law — Whether good arguable case that guarantee governed by English law — Whether England appropriate forum — Rome Convention, article 3.
TTMI SARL v STATOIL ASA (THE “SIBOHELLE”)
[2011] 2 Lloyd's Rep. 220
Arbitration — Jurisdiction — Claimant commencing arbitration against defendant charterers — Defendant disputing existence of contract with claimant — Defendant relying on fixture recap which erroneously specified a different party as owners — Whether fixture recap constituted binding charterparty between claimant and defendant — Whether charterparty created by performance — Whether arbitration agreement sufficiently evidenced in writing — Arbitration Act 1996, sections 5(3) and 67.
AES UST-KAMENOGORSK HYDROPOWER PLANT LLP v UST-KAMENOGORSK HYDROPOWER PLANT JSC
[2011] 2 Lloyd's Rep. 233
Arbitration — Anti-suit injunction — Claim to prevent action being pursued in Kazakh courts in breach of arbitration clause — Judgment of court holding that there was no arbitration clause — Jurisdiction of English court to grant relief — Jurisdiction of English court to give permission for service out — Whether Kazakh judgment should be recognised — Arbitration Act 1996, sections 1(c) and 44 — Senior Courts Act 1981, section 37 — Civil Procedure Rules, rule 62(5) and Practice Direction 6, para 3.1(6) and (20) — Civil Jurisdiction and Judgments Act 1982, sections 32 and 33.
SUEK AG v GLENCORE INTERNATIONAL AG (THE “HANG TA”)
[2011] 2 Lloyd's Rep. 278
Sale of goods (cif) — Demurrage — Notice of readiness — Contract providing that notice of readiness to be given on arrival at discharge berth but “if berth is occupied on arrival” NOR could be given at usual waiting place whether in berth or not — Carrying vessel arriving at discharge port but unable to reach berth because of congestion and because of tidal conditions — Master tendering NOR at usual waiting place — Whether NOR validly tendered.
SUMMERS v HAVARD
[2011] 2 Lloyd's Rep. 283
Sale of goods — Transfer of title by non-owner — Whether purchaser obtained title to goods sold by agent without authorisation — Factors Act 1889, section 2(1).
EXCALIBUR VENTURES LLC v TEXAS KEYSTONE INC AND OTHERS
[2011] 2 Lloyd's Rep. 289
Arbitration — Jurisdiction — Anti-arbitration injunction — Claimant commencing arbitration in New York and judicial proceedings in England — Dispute as to parties to arbitration clause — Whether defendant entitled to anti-arbitration injunction — Whether claimant entitled to stay of its own English proceedings — Senior Courts Act 1981, section 37 — Brussels Regulation (EC) No 44/2001, article 2.
GREAT EASTERN SHIPPING CO LTD v FAR EAST CHARTERING LTD AND ANOTHER (THE “JAG RAVI”)
[2011] 2 Lloyd's Rep. 309
Contract — Letter of indemnity — Shipowners delivering cargo without production of bills of lading — Whether shipowners entitled to enforce letter of indemnity issued by receivers — Whether “delivery” under letter of indemnity — Whether receivers entitled to rely on defence of public policy — Contracts (Rights of Third Parties) Act 1999.
SOVAREX SA v ROMERO ALVAREZ SA
[2011] 2 Lloyd's Rep. 320
Arbitration — Award — Enforcement — Award creditor seeking to enforce FOSFA arbitration award as a judgment — Award debtor had denied existence of underlying contract and brought proceedings in Spain for declaration of non-liability — Spanish court dismissed proceedings on procedural grounds — Whether award debtor lost right to object to enforcement by participating in arbitration — Whether summary enforcement procedure appropriate to determine disputed issues of fact — Whether English judgment would constitute interference with jurisdiction of Spanish court — Whether English court bound to recognise interim orders of Spanish court dismissing award creditor’s application for stay of Spanish proceedings in favour of arbitration — Whether court should decline jurisdiction on lis alibi pendens or forum non conveniens grounds — Arbitration Act 1996, sections 66 and 73 — Council Regulation (EC) No 44/2001, article 33(1).
TRANSPETROL MARITIME SERVICES LTD v SJB (MARINE ENERGY) BV (THE “ROWAN”)
[2011] 2 Lloyd's Rep. 331
Charterparty (Voyage) — Tanker voyage charter — Owners warranting vessel “approved” by specified oil majors — Construction of warranty — Whether owners in breach of warranty following imposition of Class condition.
BARCLAYS BANK PLC v NYLON CAPITAL LLP
[2011] 2 Lloyd's Rep. 347
Expert determination — Scope of mandate — Application for stay of substantive judicial proceedings — Whether court should stay proceedings or determine scope of mandate.
ZODIAC MARITIME AGENCIES LTD v FORTESCUE METALS GROUP LTD (THE “KILDARE”)
[2011] 2 Lloyd's Rep. 360
Charterparty (Voyage) — Whether consecutive voyage charterparty repudiated by charterers’ conduct — Damages — No available consecutive voyage/time charter market at date of termination — Relevance of later emergence of period charter market.
GLORY WEALTH SHIPPING PTE LTD v KOREA LINE CORPORATION (THE “WREN”)
[2011] 2 Lloyd's Rep. 370
Charterparty (Time) — Damages — Charterers wrongfully redelivering vessel early — Measure of damages — No available long-term charter market at date of termination — Relevance of later emergence of available long-term charter market — New York Produce Exchange form.
MERITZ FIRE AND MARINE INSURANCE CO LTD v JAN DE NUL NV AND ANOTHER
[2011] 2 Lloyd's Rep. 379
Guarantee — Advance payment guarantees for shipbuilding contracts — Whether guarantor discharged by variations of the shipbuilding contracts — Whether corporate changes limited defendant’s right to make contractual demands triggering liability under the guarantees — Uniform Rules for Demand Guarantee of the International Chamber of Commerce (ICC) 1992.
STRIBOG LTD v FKI ENGINEERING LTD AND ANOTHER
[2011] 2 Lloyd's Rep. 387
Conflict of laws — Jurisdiction — Stay of English action — Proceedings commenced in Germany — Unrelated proceedings commenced in England — New cause added to German proceedings — Whether the proceedings were related — Whether the English or German court was first seised of the issues raised in the new case — Brussels Regulation, Council Regulation (EC) No 44/2001, articles 28 and 30.
PIONEER FREIGHT FUTURES CO LTD (IN LIQUIDATION) v COSCO BULK CARRIER CO LTD
[2011] 2 Lloyd's Rep. 409
Contract — Forward freight agreements — Agreements terminating automatically on bankruptcy of defaulting party — Whether agreements expiring prior to automatic termination to be brought into “wash-out” calculation — ISDA 1992 Master Agreement, section 6(e).
R G GRAIN TRADE LLP v FEED FACTORS INTERNATIONAL LTD
[2011] 2 Lloyd's Rep. 432
Sale of goods — Buyers rejecting goods and documents — Whether certificates of quality and condition final and binding — Whether buyers entitled to reject documents — Whether fibre content provision a condition precedent — GAFTA terms — Arbitration Act 1996, section 69.
YUKOS CAPITAL SARL v OJSC ROSNEFT OIL CO
[2011] 2 Lloyd's Rep. 443
Arbitration — Recognition and enforcement of award — Award annulled by Russian courts — Amsterdam courts refusing to recognise annulment — Whether award to be recognised and enforced in England — Issue estoppel — Act of State — Non-justiciability.
DOWANS HOLDING SA AND ANOTHER v TANZANIA ELECTRIC SUPPLY CO LTD
[2011] 2 Lloyd's Rep. 475
Arbitration — Enforcement of award — New York Convention — Award given in Tanzania and under appeal to courts of Tanzania — Whether enforcement should be refused or proceedings stayed — Whether security should be given as condition of stay — Arbitration Act 1996, sections 103(2)(f) and 103(5).
GARNAT TRADING & SHIPPING (SINGAPORE) PTE LTD AND ANOTHER v BAOMINH INSURANCE CORPORATION
[2011] 2 Lloyd's Rep. 492
Insurance (marine) — Voyage policy on floating dock — Damage suffered in tropical storm — Whether dock seaworthy — Voyage in stages — Whether assured failed to disclose material facts — Inducement and waiver — Marine Insurance Act 1906, sections 18(3) and 39.
JIVRAJ v HASHWANI
[2011] 2 Lloyd's Rep. 513
Arbitration — Appointment of arbitrator — Arbitration clause imposing religious requirement — Whether clause valid — Whether an arbitrator was an employee — Employment Equality (Religion or Belief) Regulations 2003.
AFRICAN FERTILIZERS AND CHEMICALS NIG LTD (NIGERIA) v BD SHIPSNAVO GMBH & CO REEDEREI KG
[2011] 2 Lloyd's Rep. 531
Arbitration - Declaratory award - Enforcement - Arbitration Act 1996, section 66 - European Council Regulation (EC) No 44/2001 (Brussels Regulation), article 34.
ANTHRACITE RATED INVESTMENTS (JERSEY) LTD v LEHMAN BROTHERS FINANCE SA (IN LIQUIDATION) FONDAZIONE ENASARCO v LEHMAN BROTHERS FINANCE SA AND ANOTHER
[2011] 2 Lloyd's Rep. 538
Contract — Derivative Agreements — Complex financial structures devised by Lehman Brothers to provide principal protection for investors — Agreements terminating early following insolvency of Lehman Brothers in 2008 — Insolvency constituting Event of Default — Construction of early termination provisions — Calculation of Non-defaulting Party’s “Loss” for purpose of close-out payment — ISDA 1992 Master Agreement, sections 6(e) and 14.
PIONEER FREIGHT FUTURES CO LTD (IN LIQUIDATION) V TMT ASIA LTD (NO 2)
[2011] 2 Lloyd's Rep. 565
Contract — Forward freight agreements — Claimant suffering bankruptcy Event of Default — Defendant’s payment obligations suspended during subsistence of default — Whether suspended payment obligations to be taken into account for netting purposes for relevant Contract Months — ISDA 1992 Master Agreement, sections 2(a)(i), 2(a)(iii) and 2(c).
THE “SAMCO EUROPE” AND “MSC PRESTIGE”
[2011] 2 Lloyd's Rep. 579
Collision action — Vessels colliding at night in Gulf of Aden — Liability for collision — Apportionment of liability.
A AND OTHERS v B AND ANOTHER
[2011] 2 Lloyd's Rep. 591
Arbitration — London Court of International Arbitration — Removal of arbitrator — Unconscious bias — Barrister arbitrator involved in case for solicitors for a party — Serious irregularity — Arbitration Act 1996, sections 24, 33 and 68.
ARASH SHIPPING ENTERPRISES CO LTD v GROUPAMA TRANSPORT SVERIGES ÅNGFARTYGS ASSURANS FÖRENING (INTERVENING)
[2011] 2 Lloyd's Rep. 607
Insurance (marine) — Renewal of policy — Whether renewal provisions contravened Iranian sanctions — European Council Regulation (EU) No 961/2010.
DUNAVANT ENTERPRISES INC v OLYMPIA SPINNING & WEAVING MILLS LTD
[2011] 2 Lloyd's Rep. 619
Sale of goods — “Invoicing back” clauses — Sale of cargoes of cotton bales for export — Contract closed out pursuant to Rules of International Cotton Association — Close-out calculation resulting in seller being liable to make payment to buyer — Whether seller entitled to rely on contractual exemption clause — International Cotton Association Bylaws 102 and 201, and Rules 225 and 226.
NML CAPITAL LTD v REPUBLIC OF ARGENTINA
[2011] 2 Lloyd's Rep. 628
State immunity — Judgment given against Argentina in New York court — Application to English court of permission to serve out of the jurisdiction a claim to enforce the judgment — Whether order should be set aside — Civil Jurisdiction and Judgments Act 1982, section 31 — Civil Procedure Rules, rule 6.37(1) — State Immunity Act 1978, sections 2 and 3.
PT BUANA SAMUDRA PRATAMA v MARINE MUTUAL INSURANCE ASSOCIATION (NZ) LTD (THE “BUANA DUA”)
[2011] 2 Lloyd's Rep. 655
Insurance (marine) — Institute Time Clauses Hulls — Warranty against use of vessel for towage services — Vessel running aground en route to participate in towage — Whether breach of warranty — Whether held covered clause could be relied upon — Effect of follow leader clause — Fraudulent means and devices.
LINSEN INTERNATIONAL LTD AND OTHERS v HUMPUSS SEA TRANSPORT PTE LTD AND OTHERS
[2011] 2 Lloyd's Rep. 663
Practice — Freezing injunction — Piercing of corporate veil — Whether corporate abuse — Whether veil could be pierced so as to make certain defendants liable under underlying charterparties and guarantees — Whether injunction should be continued — Whether claimants entitled to invoke Chabra jurisdiction — CPR Practice Direction 6B, para 3.1(3).
GLENCORE ENERGY (UK) LTD v SONOL ISRAEL LTD (THE “TEAM ANMAJ”)
[2011] 2 Lloyd's Rep. 697
Sale of goods — Demurrage — Whether demurrage provisions in sale contract constituted freestanding obligation or indemnity — Date of accrual of obligation to pay demurrage — Whether sellers’ claim for demurrage time-barred.
THAI MAPARN TRADING CO LTD v LOUIS DREYFUS COMMODITIES ASIA PTE LTD
[2011] 2 Lloyd's Rep. 704
Sale of goods (fob) — Buyers nominating carrying vessel but giving insufficient notice of vessel’s ETA — Sellers rejecting nomination — Whether buyers’ notice valid — Whether sellers’ rejection repudiatory — Damages — GAFTA Form 120.