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BRIGHT SHIPPING LTD v CHANGHONG GROUP (HK) LTD (THE “CF CRYSTAL” AND THE “SANCHI”)
[2020] 2 Lloyd's Rep. 1
Conflict of laws – Forum non conveniens – Collision at sea within exclusive economic zone of PRC – Plaintiff bringing proceedings against defendant in Shanghai Maritime Court and also in Hong Kong – Defendant applying for stay of Hong Kong proceedings on grounds of forum non conveniens and lis alibi pendens – Whether Hong Kong proceedings should be stayed in favour of Shanghai Maritime Court.
E D & F MAN CAPITAL MARKETS LTD v STRAITS (SINGAPORE) PTE LTD
[2020] 2 Lloyd's Rep. 14
Conflict of laws – Forum non conveniens – Whether England proper place to bring claim against 10th defendant – Relevance of multiplicity of proceedings – Whether claimant entitled to sue 10th defendant in England.
MATERIALS INDUSTRY AND TRADE (SINGAPORE) PTE LTD v VOPAK TERMINALS SINGAPORE PTE LTD
[2020] 2 Lloyd's Rep. 24
Contract – Lien – Storage company exercising contractual lien over stored cargo in respect of sums outstanding from customer – Storage company disposing of liened cargo – Plaintiff claiming title to cargo – Whether plaintiff had title to cargo – Whether disposal of cargo by storage company constituted conversion as against plaintiff.
OI v AIR NOSTRUM LÍNEAS AÉREAS DEL MEDITERRÁNEO SA
[2020] 2 Lloyd's Rep. 48
Air transport – Compensation for air passengers in the event of denied boarding – Cancellation – Connecting flights – Change of reservation against the passenger's will – Arrival of the passenger at final destination without delay – Regulation (EC) No 261/2004.
QUIANA NAVIGATION SA v PACIFIC GULF SHIPPING (SINGAPORE) PTE LTD (THE “CARAVOS LIBERTY”)
[2020] 2 Lloyd's Rep. 53
Charterparty (Time) – Hire – Anti-technicality clause – Whether owners entitled to serve anti-technicality notice in respect of earlier period of hire.
TAQA BRATANI LTD AND OTHERS v ROCKROSE UKCS8 LLC
[2020] 2 Lloyd's Rep. 64
Contract – Implied terms – Claimants serving notices terminating appointment of defendant as Operator of oil and gas field blocks in North Sea – Whether claimants obliged to justify decision to terminate – Whether contract contained implied term that claimants would act in good faith.
THE “MAERSK KARACHI”
[2020] 2 Lloyd's Rep. 98
Admiralty practice – Pleadings – Cargo damaged by fire following hot works on vessel – Claimant cargo interests alleging unseaworthiness on basis that defendants’ systems for dealing with hot work were faulty – Defendants applying for summary judgment on basis that “faulty systems” claim had no real prospect of success – Relevance of possibility that additional material might become available prior to trial – Whether defendants entitled to summary judgment – CPR Part 24.
AMERICAS BULK TRANSPORT LTD v COSCO BULK CARRIER LTD (THE “GRAND FORTUNE”)
[2020] 2 Lloyd's Rep. 105
Arbitration – Jurisdiction – Sub-charter evidenced by fixture recap incorporating terms of head charterparty – Disponent owner not identified in recap – Arbitration commenced by assignee of head charterer claiming payment of hire against sub-charterer – Whether valid arbitration agreement – Sub-charterer disputing identity of disponent owner – Whether arbitration tribunal lacked jurisdiction.
C LTD v D AND ANOTHER
[2020] 2 Lloyd's Rep. 119
Arbitration – Application for removal of arbitrator – Arbitrator resigning for other reasons before judgment – Whether costs order should be made against arbitrator – Whether there were serious doubts as to impartiality – Arbitration Act 1996, sections 24 and 29 – Civil Procedure Rules, Part 44.
DAIICHI CHUO KISEN KAISHA v CHUBB SEGUROS BRASIL SA (THE “SOUTHERN EXPLORER”)
[2020] 2 Lloyd's Rep. 137
Anti-suit injunction – Senior Courts Act 1981, section 37 – Undertaking given by defendant not to pursue proceedings in Brazil – Whether claimant had delayed in seeking anti-suit relief.
MUR SHIPPING BV v LOUIS DREYFUS COMPANY SUISSE SA (THE “TIGER SHANGHAI”)
[2020] 2 Lloyd's Rep. 153
Charterparty (Time) – Time-bar – Charterers bringing arbitration proceedings against owners for breach of charterparty – Charterparty providing that all claims shall be extinguished unless notified in writing and accompanied by all available supporting documents within 12 months from completion of charter – Charterers making timeous claim but subsequently relying on survey report sent with claim letter – Whether claim time-barred.
SEVILLEJA v MAREX FINANCIAL LTD
[2020] 2 Lloyd's Rep. 165
Damages – Reflective loss – Claim by creditor against company – Whether creditor entitled to claim damages where company is liable to liquidator.
NATIONAL BANK OF FUJAIRAH (DUBAI BRANCH) v TIMES TRADING CORPORATION
[2020] 2 Lloyd's Rep. 211
Arbitration – Extension of time – Conduct of respondent – Effect of delay on discretion – Arbitration Act 1996, section 12.
THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN (THE “PRESTIGE”) (NO 3)
[2020] 2 Lloyd's Rep. 223
Arbitration – Third-party claims – Direct action against insurer – Binding effect of arbitration clause – Conditional benefit doctrine – State immunity – Application for appointment of arbitrator – Anti-suit injunctions and damages – Arbitration Act 1996, sections 18, 48 and 66 – State Immunity Act 1978, sections 3 and 9 – Senior Courts Act 1981, sections 37 and 50.
JSC COMMERCIAL BANK PRIVATBANK v KOLOMOISKY AND OTHERS
[2020] 2 Lloyd's Rep. 269
Conflict of laws – Jurisdiction – Ukrainian bank bringing proceedings against personal and corporate defendants for large-scale fraud – Personal defendants domiciled in Switzerland – Corporate defendants domiciled in England – Whether article 6(1) of Lugano Convention subject to “sole object” test – Whether suing personal defendants in England was sole object of proceedings – Whether stay should be granted on lis alibi pendens grounds – Whether article 28(1) of Lugano Convention applied reflexively – Whether English and Ukrainian proceedings “related” – Whether judge erred in exercise of discretion in granting stay – Quantum of worldwide freezing order – Whether freezing order should be discharged for material non-disclosure – Lugano Convention, article 6(1) and 28(1) – Recast Brussels Regulation, article 34(1).
TIMES TRADING CORPORATION v NATIONAL BANK OF FUJAIRAH (DUBAI BRANCH) (THE “ARCHAGELOS GABRIEL”)
[2020] 2 Lloyd's Rep. 317
Arbitration – Anti-suit injunction – Criteria for grant of injunction – Quasi-judicial injunctions – Relevance of contractual time bar – Discretion – Whether condition should be imposed relating to time bar – Senior Courts Act 1981, section 37 – Arbitration Act 1996, section 12.
PRIMINDS SHIPPING (HK) CO LTD v NOBLE CHARTERING INC (THE “TAI PRIZE”)
[2020] 2 Lloyd's Rep. 333
Carriage of goods by sea – Master invited to sign bill of lading stating cargo shipped in apparent good order and condition – Cargo found to be damaged on discharge – Chinese courts holding shipowner liable to receivers – Head charterers settling with shipowner – Head charterers claiming indemnity from sub-charterers – Whether misrepresentation by master – Whether sub-charterers liable to indemnify head charterers – Hague Rules, article III, rules 3 and 5.
QATAR NATIONAL BANK (QPSC) v THE OWNERS OF THE YACHT "FORCE INDIA"
[2020] 2 Lloyd's Rep. 343
Mortgage – Enforcement – Mortgagee seeking to enforce mortgage of motor yacht – Whether limit of €5 million applied to total claim including interest, costs and expenses or only to principal amount guaranteed.
QATAR NATIONAL BANK (QPSC) v THE OWNERS OF THE YACHT "FORCE INDIA" (NO 2)
[2020] 2 Lloyd's Rep. 348
Admiralty practice – Whether order for sale of yacht should be set aside.
THE KINGDOM OF SPAIN v THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD
[2020] 2 Lloyd's Rep. 351
Practice – Disclosure – Appeal from order of master registering foreign judgment – Whether appeal court had jurisdiction to order disclosure – Whether disclosure should be ordered – Civil Procedure Rules, 74.8, 31.1 and 52.20.
THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN; THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE FRENCH STATE (THE “PRESTIGE”) (NO 4)
[2020] 2 Lloyd's Rep. 356
Arbitration – Claims against France and Spain for failure to honour arbitration award and failure to honour enforcement judgment in respect of the award – Whether France and Spain entitled to sovereign immunity – Jurisdiction of the English courts – Whether good arguable case in respect of award claims – Whether judgment claims governed by insurance jurisdiction rules – State Immunity Act 1978, sections 2, 3, 9 and 12 – Civil Procedure Rules, Practice Direction 6B – Service Regulation, European Council Regulation 1393/2007/EC – Brussels Regulation Recast, Regulation 1215/2012/EU, articles 10 to 14.
ENKA INSAAT VE SANAYI AS v OOO “INSURANCE COMPANY CHUBB” AND OTHERS
[2020] 2 Lloyd's Rep. 389
Arbitration – Anti-suit injunction – Dispute as to scope of arbitration clause – Proceedings brought in Russian courts – Law applicable to arbitration clause – Criteria for grant of anti-suit injunction – Senior Courts Act 1981, section 37.
K LINE PTE LTD v PRIMINDS SHIPPING (HK) CO LTD (THE “ETERNAL BLISS”)
[2020] 2 Lloyd's Rep. 419
Charterparty (Voyage) – Charterers failing to discharge vessel within allowed laytime – Charterparty providing for payment of demurrage – Receivers bringing cargo claim against owners resulting from delay – Whether owners entitled to damages or an indemnity from charterers – Whether demurrage constituted exclusive remedy to owners.
ENKA INSAAT VE SANAYI AS v OOO “INSURANCE COMPANY CHUBB”
[2020] 2 Lloyd's Rep. 449
Arbitration – Law applicable to arbitration agreement – Whether applicable law followed that of the substantive agreement or that of the seat – Anti-suit injunction – Senior Courts Act 1981, section 37 – Arbitration Act 1996, sections 4(5), 7 and 103 – Rome I Regulation, Regulation (EC) No 593/2008.
FIMBANK PLC v KCH SHIPPING CO LTD (THE “GIANT ACE”)
[2020] 2 Lloyd's Rep. 511
Arbitration – Charterparty – Arbitration commenced against wrong party – Contractual 12-month time bar – Extension of time – Arbitration Act 1996, section 12.
SHAGANG SHIPPING CO LTD (IN LIQUIDATION) v HNA GROUP CO LTD
[2020] 2 Lloyd's Rep. 527
Bribery – Claim under guarantee for performance of charterparty – Allegation that charterparty procured by bribery and unenforceable – Evidence of bribery allegedly obtained by torture – Whether charterparty enforceable.
SWASHPLATE PTY LTD v LIBERTY MUTUAL INSURANCE CO (TRADING AS LIBERTY INTERNATIONAL UNDERWRITERS)
[2020] 2 Lloyd's Rep. 545
Insurance (marine) – Goods in transit – Commencement of cover – Institute Cargo Clauses A – Transit clause – Effect of words “From 19 May 2018 … to Date of Arrival” – Cargo loaded in US but insured under policy issued in Australia, with 15 hours’ time difference – Institute Cargo Clauses 2009.
TRICON ENERGY LTD v MTM TRADING LLC (THE “MTM HONG KONG”)
[2020] 2 Lloyd's Rep. 559
Demurrage – Time bar – Claim to be presented with all supporting documents within 90 days of discharge – Bills of lading not included with demurrage claim – Whether demurrage claim time-barred.
ALIZE 1954 AND ANOTHER v ALLIANZ ELEMENTAR VERSICHERUNGS AG AND OTHERS (THE “CMA CGM LIBRA”)
[2020] 2 Lloyd's Rep. 565
General average – Vessel grounding on uncharted shoal leaving port of Xiamen – Whether cargo interests obliged to contribute to general average – Whether actionable fault on part of owners – Whether vessel's passage plan defective – Whether defective passage plan made vessel unseaworthy – Whether owners failed to exercise due diligence – York-Antwerp Rules – Hague Rules, article III, rule 1.
LG AND OTHERS v RINA SPA AND ANOTHER
[2020] 2 Lloyd's Rep. 582
European Union law – Jurisdiction – Plaintiffs bringing action in Italy for damages in tort against Italian classification societies operating on behalf of Republic of Panama – Defendants contesting jurisdiction and relying on principle of state immunity – Whether Italian court had jurisdiction to hear claims pursuant to Regulation (EC) No 44/2001.
RIVERROCK SECURITIES LTD v INTERNATIONAL BANK OF ST PETERSBURG (JOINT STOCK COMPANY)
[2020] 2 Lloyd's Rep. 591
Arbitration – Anti-suit injunction – Foreign insolvency – Construction of arbitration clause – Arbitrability – Senior Courts Act 1981, section 37.
KEYNVOR MORLIFT LTD v THE VESSEL “KUZMA MININ”, HER BUNKERS STORES AND FREIGHT AT RISK (IF ANY)
[2020] 2 Lloyd's Rep. 617
Salvage – Remuneration – Casualty successfully refloated by claimants after grounding off Falmouth – Determination of salvage award.
LENKOR ENERGY TRADING DMCC v PURI
[2020] 2 Lloyd's Rep. 647
Recognition and enforcement of judgment – Foreign judgment – Whether court should refuse to recognise foreign court judgment on basis that it would be contrary to public policy.
OCEAN PREFECT SHIPPING LTD v DAMPSKIBSSELSKABET NORDEN AS (THE “OCEAN PREFECT”)
[2020] 2 Lloyd's Rep. 654
Arbitration – Evidence – Vessel grounding whilst entering port – Owners bringing arbitration proceedings against charterers for breach of safe port warranty – Whether owners entitled to refer to Marine Accident Investigation Branch report – Merchant Shipping Act 1995 and Merchant Shipping (Accident Reporting and Investigation) Regulations 2012.
TMF TRUSTEE LTD AND OTHERS v FIRE NAVIGATION INC AND OTHERS
[2020] 2 Lloyd's Rep. 662
Guarantee – Loan Agreement for purchase of vessels – Buyers’ obligations guaranteed by guarantor – Guarantee containing “No Set-Off” clause – Lenders suing borrowers and guarantor and applying for summary judgment – Defendants raising defence based on “prevention principle” – Whether “No Set-Off” clause prevented defendants relying on “prevention principle”.