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  • Main Page
    .../ Archive of case notes published prior to 2010] [[List of Archive Entries|1]]'''
    1 KB (178 words) - 17:02, 19 March 2021
  • The Duden
    ...states that when an application is made by a party in accordance with s.6(1), the court must order a stay of court proceedings unless the arbitration a
    5 KB (830 words) - 15:24, 28 June 2010
  • Arbitration Issues
    Between (1) NWA (2) FSY and (1) NVF (2) RWX (3) KLB ...CONFIRMING TRIBUNAL’S JURISDICTION: CHALLENGE TO AWARD UNDER SECTION 67(1)(a) ARBITRATION ACT 1996: WHETHER NON-COMPLIANCE WITH MEDIATION PROVISION V
    29 KB (3,966 words) - 12:16, 27 February 2023
  • Cosco Bulk Carrier v Team-Up Owning
    ...mmercial law, certainty was of great importance. In The Mareva A.S. [1977] 1 Lloyd's Rep. 368 , at p. 381, Kerr J (as he then was) said of this very wor ...m the judgment of Rix J (as he then was) in The Laconian Confidence [1997] 1 Lloyd's Rep. 139 , at pp. 150 – 151:
    20 KB (3,284 words) - 21:29, 8 September 2010
  • Shipping & Transport
    ...o v Olam Global Agri Pte Ltd and Sinco Shipping Pte Ltd (The “Maria Theo 1”)''' ...eal: Males and Falk LJJ and Sir Launcelot Henderson: [2023] EWCA Civ 1007: 1 September 2023:[[https://www.onlinedmc.co.uk/index.php/MSC_Mediterranean_Sh
    114 KB (16,443 words) - 13:13, 16 April 2024
  • Admiralty
    ...nch Division (Admiralty Court): Gross J: [2009] EWHC 3040 (Admlty), [2010] 1 Lloyd’s Rep 468: 26 November 2009:[[http://www.onlinedmc.co.uk/index.php/ ...OUT OF AN AGREEMENT RELATING TO THE USE OR HIRE” OF A VESSEL : SECTION 3(1)(H) HIGH COURT (ADMIRALTY JURISDICTION) ACT'''
    10 KB (1,436 words) - 21:35, 16 July 2019
  • The “Asian Atlas”)
    “(2) The questions and claims referred to in subsection (1)(a) [for engaging the admiralty jurisdiction of the Court of First Instance (1) the damage must be caused by something done by those engaged in the naviga
    7 KB (1,142 words) - 22:54, 21 February 2010
  • Carriage of Goods
    ...: Peter Jackson and Males LJJ and Sir Patrick Elias: [2021] EWCA Civ 1828: 1 December 2021:[[https://www.onlinedmc.co.uk/index.php/Herculito_Maritime_v_ ...SEL SEAWORTHY BEFORE AND AT THE BEGINNING OF THE VOYAGE: ARTICLE III, RULE 1 AND ARTICLE IV, RULE 2(A) OF THE HAGUE/HAGUE-VISBY RULES'''
    29 KB (4,267 words) - 18:01, 23 February 2024
  • The “NDS Provider”
    DMC/SandT/10/1 Nile Dutch Africa Line B.V, Rotterdam, the Netherlands (“NDAL”) v. (1) Delta Lloyd Schadeverzekering N.V., Rotterdam, the Netherlands (“Delta L
    11 KB (1,916 words) - 23:40, 22 February 2010
  • Case Reference: 1 ZR 140/06
    Date of Judgement: 18 June 2009: Case Reference: 1 ZR 140/06 ...he limitation of liability of 2 SDR per kilogram according to sec.660 para.1 German Commercial Code (HGB), equivalent to Art. IV Rule 5(a) of the Hague
    6 KB (1,012 words) - 23:39, 22 February 2010
  • Insurance
    ...AUDULENT DEVICE: WHETHER DEFENCE OF FRAUDULENT DEVICE: CONTRARY TO ARTICLE 1 OF THE FIRST PROTOCOL TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS EFFECTED I ...me Court: Lords Mance, Collins, Clarke, Dyson, and Saville: [2011] UKSC 5: 1 February 2011: [[https://www.onlinedmc.co.uk/index.php/Syarikat_Takaful_Mal
    8 KB (1,179 words) - 19:01, 28 April 2024
  • Lexington Insurance Company v AGF Insurance Limited
    (1) the governing law of the primary insurance contract was uncertain when the ...age to” Alcoa’s property only for the three-year period 1 July 1977 to 1 July 1980. There was no express governing law clause in the contract but i
    14 KB (2,291 words) - 14:02, 16 March 2011
  • The Catur Samudra
    ...OUT OF AN AGREEMENT RELATING TO THE USE OR HIRE” OF A VESSEL : SECTION 3(1)(H) HIGH COURT (ADMIRALTY JURISDICTION) ACT''' ...use or hire” of a vessel. The claim therefore fell outside of Section 3(1) (h) of the High Court (Admiralty Jurisdiction) Act and did not give rise t
    10 KB (1,672 words) - 18:38, 10 March 2010
  • Other Cases
    ...eal: Males and Falk LJJ and Sir Launcelot Henderson: [2023] EWCA Civ 1007: 1 September 2023:[[https://www.onlinedmc.co.uk/index.php/MSC_Mediterranean_Sh ...ON OF INTERNATIONAL GROUP OF P&I CLUBS’ APPROVED SANCTIONS CLAUSE TO ASG 1 LOU WORDING RENDERED IT UNSATISFACTORY: WHETHER A PARTY IS OBLIGED TO ACCEP
    41 KB (5,793 words) - 11:32, 2 March 2024
  • The Blue Bridge
    ...Kong SAR Court of First Instance: Reyes J in Chambers: HCAJ No. 136/1999: 1 February 2010''' (1) Had WOE been duly authorised to act in these proceedings on Great Power’
    10 KB (1,753 words) - 19:55, 10 March 2010
  • Masefield v Amlin
    ...INE INSURANCE ACT 1906: WHETHER CARGO A CONSTRUCTIVE TOTAL LOSS UNDER s.60(1): PIRACY: POSSESSION: WHETHER PAYMENT OF RANSOM CONTRARY TO PUBLIC POLICY ' ...of the Marine Insurance Act 1906 nor a constructive total loss under s.60 (1) of the Act. The Court further held that the payment of a ransom to the pir
    11 KB (1,762 words) - 23:39, 22 March 2010
  • The Kallang
    ...(Commercial Court): Jonathan Hirst, Q.C.: [2008] EWHC 2761 (Comm); [2009] 1 Lloyd's Rep. 124: 19 November 2008''' ...ng Shipping Co SA (“the Owners”), to Brobulk Ltd on an NYPE form dated 1 February 2005 for a trip from Montevideo to Dakar. The charterparty contain
    14 KB (2,344 words) - 21:49, 29 March 2010
  • Voyage C/P Disputes
    ...FOR DELAYED CARGO DISCHARGE: WHETHER CARGO INTERESTS UNDER AN OBLIGATION (1) TO TAKE ALL NECESSARY STEPS TO ENABLE THE CARGO TO BE DISCHARGED AND DELIV '''English Commercial Court: Males J: [2015] EWHC 2505 (Comm): 1 September 2015: [[http://www.onlinedmc.co.uk/index.php/Louis_Dreyfus_Commod
    24 KB (3,416 words) - 22:19, 2 January 2024
  • The Duden 2008 EWHC 2762 Comm
    ...(Commercial Court): Jonathan Hirst, Q.C.: [2008] EWHC 2762 (Comm); [2009] 1 Lloyd's Rep. 145: 19 November 2008''' ...and Comptoir Commercial Mandiaye Ndiaya (The “Kallang (No 2)”), [2009] 1 Lloyd's Rep 124, which was delivered simultaneously by the same judge. The
    15 KB (2,526 words) - 22:34, 19 April 2010
  • The Dolphin 1
    ...ted in bales/bags by lorry from Teheran to Bandar Abbas over a distance of 1,100 kilometres.
    10 KB (1,666 words) - 22:16, 20 April 2010
  • Sylvia Shipping v. Progress Bulk Carriers
    ...section 19 of SOLAS, recording “Main Structure wasted in cargo holds Nos 1, 3 and 4”. Repairs were commenced on 22 April 2004. ...xendale (1854) 9 Ex 341 and Czarnikow v Koufos (The “Heron II”) [1969] 1 AC 350 summarising the accepted test for remoteness as being “whether the
    12 KB (1,951 words) - 21:30, 21 April 2010
  • Time C/P Disputes
    ...o v Olam Global Agri Pte Ltd and Sinco Shipping Pte Ltd (The “Maria Theo 1”)''' ...R ELIGIBILITY CLAUSE (“OMEC”) BY WHICH VESSEL GUARANTEED AT ALL TIMES (1) TO HAVE A VALID SHIP INSPECTION REPORT (“SIRE”) PROGRAMME REPORT REGIS
    37 KB (5,214 words) - 13:17, 16 April 2024
  • The "Tasman Pioneer"
    ...e speed of some 16 knots. The ship left Yokohama, Japan, in the evening of 1 May 2001, bound for Pusan in South Korea, intending to sail west along Japa ...was discovered in the forward ballast tanks and in the forward cargo holds 1 and 2. On the orders of the master, the ship’s pumps were activated. Howe
    13 KB (2,224 words) - 14:34, 12 May 2010
  • List of Archive Entries
    [http://archive.onlinedmc.co.uk/'michael_s'1.htm 'michael s'1] [http://archive.onlinedmc.co.uk/agapitos_v__agnew(1).htm agapitos v agnew(1)]
    55 KB (9,143 words) - 18:42, 12 May 2010
  • The Arbitrators v. Knowsley SK
    (1) Under Dutch law, an arbitral tribunal is only obliged to inform the Partie
    9 KB (1,494 words) - 15:11, 28 June 2010
  • Glory Wealth Shipping v North China Shipping
    The Court, following The Elena d’Amico [1980] 1 Lloyd’s Rep 75, held that damages for wrongful redelivery of the vessel s ...n order to bring that into account in calculating damages: The Fani [1994] 1 Lloyd’s Rep 633. Therefore, the disponent shipowner’s early redelivery
    5 KB (761 words) - 20:51, 6 September 2010
  • Ioannis N K
    ...erred that a claimant must first meet the requirements of the Anton Piller(1) order or that an application under section 5(5)(a)(iv) should be equated w (1) An Anton Piller order is a court order that provides the right to search
    8 KB (1,343 words) - 15:30, 3 August 2010
  • Hua Tian Long
    ...y owned by the Central People’s Government (CPG) of the PRC, which after 1 July 1997 exercised sovereign power over the Special Administrative Region
    10 KB (1,714 words) - 17:53, 7 December 2010
  • Shipping & Transport 2011
    '''Great Eastern Shipping Co Ltd v. (1) Far East Chartering Ltd (2) Binani Cement Ltd''' ...nch Division (Admiralty Court): Gross J: [2009] EWHC 3040 (Admlty), [2010] 1 Lloyd’s Rep 468: 26 November 2009:[[http://www.onlinedmc.co.uk/index.php/
    14 KB (1,981 words) - 18:03, 22 June 2012
  • Omak Maritime v Mamola Challenger Shipping
    '''The Court held that reliance damages(1) should rationally be explained as a species of expectation damages(2), an ...or breach of contract” enunciated by Parke B in Robinson v Harman (1848) 1 Exch 850 was that the innocent party to a breach of contract is to be place
    8 KB (1,273 words) - 21:38, 29 August 2010
  • ENE 1 Kos Limited v Petrobras
    '''ENE 1 Kos Limited v Petroleo Brasileiro SA''' ...e charterparty on the Shelltime 3 form between the claimant shipowner, ENE 1 Kos Ltd (“the Shipowner”), and the defendant charterer, Petroleo Brasil
    10 KB (1,744 words) - 13:32, 9 October 2017
  • Zodiac Maritime v Fortescue Metals
    ...t would not be able to honour their freight commitments under the CVC from 1 December 2008. ...or “sufficiently closely connected with the breach” (The Fanis [1994] 1 Lloyd’s Rep 633). Therefore, Zodiac’s earnings under the Guofeng charte
    10 KB (1,593 words) - 22:34, 4 November 2010
  • Habas Sinai v Sometal
    (1) A and B make a contract in which they incorporate standard terms; ...ms under various headings and then agreed with the same counterparty terms 1-5 under the same headings as before and, as to the rest, that all the terms
    11 KB (1,826 words) - 18:42, 7 December 2010
  • Parakou Shipping v Jinhui Shipping
    ...277; departing from Megarry VC’s test in Gleeson v J Wippell & Co [1977] 1 WLR 510). ...e Company of Canada and others v Lincoln National Life Insurance Co [2005] 1 Lloyd’s Rep 606, paras. 63-69. Although Sun Life concerned whether a stra
    12 KB (1,969 words) - 22:02, 19 December 2010
  • Angara Maritime v Oceanconnect UK
    '''SALE OF GOODS: BUNKERS/MARINE FUELS: S.25(1) OF THE SALE OF GOODS ACT 1979: SALE OF BUNKERS TO TIME CHARTERERS: BUNKERS '''Conversion: the effect of s.25(1) of the Sale of Goods Act 1979 was to exclude a claim by bunker suppliers a
    11 KB (1,744 words) - 19:52, 7 December 2010
  • Guangzhou Dockyards v ENE Aegiali I
    22.1 The Contract shall be governed by and construed in accordance with English ...ration in London, England before a tribunal of three (3) arbitrators. One (1) arbitrator shall be appointed by each Party to this Contract and the third
    10 KB (1,718 words) - 21:43, 19 December 2010
  • Stellar Shipping v Hudson Shipping Lines
    To determine this required consideration of (1) whether a contract of guarantee was agreed between Stellar and Hudson, and Footnote 1:
    8 KB (1,294 words) - 12:24, 20 December 2010
  • Germany CMR Damages
    ...arriage of Goods by Road (‘CMR’): date of Judgment: 30 September 2010: 1 ZR 39/09''' ...nt domestic law or of claiming the market price according to Art. 23 para. 1 and 2 CMR. In the latter case, the limitation of 8.33 SDR/kg according to A
    6 KB (1,076 words) - 00:13, 25 January 2011
  • Engedi
    6. —(1) Notwithstanding Article 8 of the Model Law, where any party to an arbitr ...court to which an application has been made in accordance with subsection (1) shall make an order, upon such terms or conditions as it may think fit, st
    9 KB (1,456 words) - 18:41, 24 January 2011
  • Asia Star
    1. The Court of Appeal set out the basic rules relating to mitigation, namely ...s of US$10,137,500.00, and Pacific’s expected profit of approximately US$1,553,800.00.
    14 KB (2,247 words) - 21:26, 19 February 2011
  • Front Row Investments v Daimler South East Asia
    ...a disputed issue constitutes a breach of natural justice under section 48(1)(a)(vii) of the Singapore Arbitration Act, necessitating the setting-aside 1. As preliminary points, the Court considered the following questions:-
    7 KB (1,051 words) - 23:54, 19 February 2011
  • KG Bominflot v Petroplus Marketing
    ...articularly the certificate final clause, and could not survive section 14(1) of the Sale of Goods Act 1979, which limited the implication of terms abou 1. Various specifications had to be met by the gasoil at the time of shipment
    11 KB (1,788 words) - 11:24, 21 June 2011
  • National Navigation v Endesa
    ...Appeal: Waller, Carnwath and Moore-Bick LJJ: [2009] EWCA Civ 1397, [2010] 1 Lloyd’s Rep 193: 17 December 2009''' ...HETHER SPANISH COURT JUDGMENT FELL WITHIN ARBITRATION EXCEPTION IN ARTICLE 1(2)(D) OF EC REGULATION 44/2001: WHETHER RECOGNITION SHOULD BE REFUSED IN EN
    9 KB (1,376 words) - 21:46, 2 March 2011
  • Röhlig (UK) v Rock Unique
    ...had been, that the invoices were not due and owing under clause 21(A) (fn.1). Rock also claimed the right to set off the claim against a counterclaim i 1. Clause 21(A) reads: “The Customer shall pay to the Company in cash, or a
    9 KB (1,511 words) - 22:44, 2 March 2011
  • Glencore Energy v Transworld Oil
    1. there is no physical cargo against which to offset the futures position as ...pplying the approach in Kaines v Osterreichishe Warrenhandelsgesellschaft (1), it was plain on the evidence that, having accepted Transworld’s breach
    15 KB (2,498 words) - 16:20, 8 March 2011
  • Dalwood Marine v Nordana Line
    ...Concordia C” [1985] 2 Lloyd’s Rep 55, 58 and the “Noel Bay” [1989] 1 Lloyd’s Rep 361, 363 showed that departure from this prima facie measure
    8 KB (1,339 words) - 18:25, 8 March 2011
  • Brink's Global Services v Igrox
    ...the opposition. Similarly, in Mattis v Pollock [2003] EWCA Civ 887; [2003] 1 WLR 2158 a doorman, having been in a fight with several patrons of the nigh
    11 KB (1,753 words) - 23:21, 9 March 2011
  • Kookmin Bank v Rainy SA
    ...l: Thorpe and Patten LJJ and Sir Simon Tuckey: [2010] EWCA Civ 582, [2010] 1 CLC 829: 27 May 2010''' '''High Court Judgment [2009] EWHC 2624 (Comm), [2010] 1 All ER (Comm) 823'''
    10 KB (1,552 words) - 13:47, 21 March 2011
  • Thomas Crema v Cenkos Securities
    ...AG of Belize v. Belize Telecom, [2009] 1 WLR 1988 (PC) (“Belize”) (fn.1) and The REBORN, [2009] 2 Lloyds Rep 639 (CA), expressly approving their ap (1) A court cannot improve the instrument it has to construe to make it fairer
    7 KB (1,092 words) - 22:59, 15 March 2011
  • Masefield AG v Amlin
    ...TRIEVABLY DEPRIVED OF CARGO: WHETHER CARGO AN ACTUAL TOTAL LOSS UNDER s.57(1) MARINE INSURANCE ACT 1906: WHETHER PAYMENT OF RANSOM CONTRARY TO PUBLIC PO ...id not result in the cargo becoming an actual total loss in terms of s.57 (1) of the Marine Insurance Act 1906. The Court further confirmed that the pay
    11 KB (1,923 words) - 19:52, 21 July 2011
  • Wasa Insurance v Lexington Insurance
    .... The policy term was three years beginning on 1 July 1977 and ending on 1 July 1980. ...as original”. The policy period was expressed to be “36 months at date 1.7.77 ... and/or pro rata to expiry of original”. The sum insured was US$2
    10 KB (1,671 words) - 13:59, 16 March 2011
  • Melinda Holdings v Hellenic Mutual
    ...ment, or knowingly exceeding its powers” (citing The “Anita”, [1971] 1 WLR 882 (CA) at 889). Such cases fall outside ordinary judicial process bec ...proximate cause of the loss (citing State of Netherlands v. Youell, [1998] 1 Lloyds Rep 236 (CA) at 238). The same principle was extended to contractual
    7 KB (1,147 words) - 18:15, 21 March 2011
  • Choil Trading v Sahara Energy Resources
    ...t delivery of the naphtha and make a payment of the purchase price less US$1,200,000 on the basis that this should be without prejudice to the legal pos ...ce with the terms of the contract price formula - average Platt’s during 1-31 October 2007 minus US$31.50).
    16 KB (2,693 words) - 10:00, 5 May 2011
  • Dallah Real Estate v Government of Pakistan
    Lord Collins was clear that for the purposes of Article V(a)(fn.1), the “law of the seat” included only the substantive law and not the c Fn. 1. Recognition and enforcement of the award may be refused, at the request of
    12 KB (1,894 words) - 20:23, 10 May 2011
  • Shell Egypt v Dana Gas
    Clause 3.1.8 of the FIA provided that if Closing did not occur within 9 months, Shell ...ssion. In such case, even if Shell terminated the FIA pursuant to Clause 3.1.8, Centurion would nevertheless have to refund payments made by Shell.
    9 KB (1,361 words) - 22:26, 11 May 2011
  • DSV Road v Sneltransport Heidenend
    ...e 17 CMR. The fact that the trailer is also a vehicle, as meant in article 1, par 2 CMR, and that, in consequence, it can also be considered to be the v ...In particular, the judgment makes clear that a vehicle as meant in article 1, par. 2 CMR can in fact also be considered as goods in the terms of article
    6 KB (996 words) - 22:34, 13 May 2011
  • West Tankers v Allianz
    ...ave to West Tankers to enforce an arbitration award pursuant to section 66(1) of the Arbitration Act 1996 (the “Act”). The award made by the tribun ...it was given leave to enforce the arbitration award pursuant to section 66(1) of the Act and judgment was entered against the insurers pursuant to secti
    7 KB (1,214 words) - 22:30, 7 February 2012
  • Telus Communications v Peracomo Inc and Réal Vallée
    ...shipowner is responsible are eligible to limit in accordance with article 1 of the 1976 Limitation Convention. That limitation extends to an action in ...dants amounted to ‘wilful misconduct’ within the meaning of s.53(2)(fn.1) of the Marine Insurance Act of Canada and accordingly disentitled them fr
    9 KB (1,452 words) - 17:32, 14 July 2013
  • Jones v Kaney
    ...which has itself been abolished in Arthur JS Hall & Co. v. Simons, [2002] 1 AC 615 with little negative impact, if any at all. The majority considered Kaney’s arguments based on (1) a purported chilling effect on potential expert witnesses, and (2) the dan
    7 KB (1,106 words) - 22:03, 20 May 2011
  • Syarikat Takaful Malaysia v Global Process
    ...me Court: Lords Mance, Collins, Clarke, Dyson, and Saville: [2011] UKSC 5: 1 February 2011''' ...ERILS OF SEA OR INHERENT VICE: s.55(2)(c) MARINE INSURANCE ACT 1906 : s.55(1) MARINE INSURANCE ACT 1906'''
    10 KB (1,609 words) - 14:40, 22 May 2011
  • The Ocean Crown
    ...nch Division (Admiralty Court): Gross J: [2009] EWHC 3040 (Admlty), [2010] 1 Lloyd’s Rep 468: 26 November 2009'''
    8 KB (1,289 words) - 20:53, 19 June 2011
  • B v S
    ...ction, under the ‘new law’, being s.44 of the Arbitration Act 1996 (fn.1) (‘the 1996 Act’). Practically all previous case law was concerned with ...Carapelli [1980] 1 Lloyd’s Rep. 375 and Toepfer v Societe Cargill [1998] 1 Lloyd’s Rep. 379. However, as stated above, the Judge in this case was co
    11 KB (1,854 words) - 18:24, 21 June 2011
  • Pianura Armatori v Ferrari Shipping
    ...essels, which were not owned by Pianura, was wrongful. Pianura cited Art.3(1) of the International Convention Relating to the Arrest of Sea-Going Ships Ferrari contended that Art.3(1) of the Convention did not require a connection between the vessel and the
    5 KB (909 words) - 20:11, 21 June 2011
  • Gao Haiyan v Keeneye Holdings
    ...ground: see Hebei Import & Export Corp v Polytek Engineering Co Ltd [1999] 1 HKLRD 665 (Hong Kong Court of Final Appeal). Public policy in Xian might be
    9 KB (1,485 words) - 16:39, 13 December 2011
  • Shipping & Transport 2010
    '''SALE OF GOODS: BUNKERS/MARINE FUELS: S.25(1) OF THE SALE OF GOODS ACT 1979: SALE OF BUNKERS TO TIME CHARTERERS: BUNKERS '''ENE 1 Kos Limited v Petroleo Brasileiro SA'''[[http://www.onlinedmc.co.uk/index.p
    15 KB (2,134 words) - 18:03, 22 June 2012
  • Great Eastern Shipping v Far East Chartering
    '''Great Eastern Shipping Co Ltd v. (1) Far East Chartering Ltd (2) Binani Cement Ltd''' 1. No letter of indemnity was issued by Binani to FEC, but only by Binani to
    8 KB (1,302 words) - 17:30, 21 July 2011
  • Carboex v Louis Dreyfus Commodities
    ...Amsterdam NV v President of India (The Amstelmolen) [1961] 2 Lloyd's Rep. 1 – a case involving the Centrocon Strike Clause - that a "whether in bert ...v. Rank (No.2) [1908] Com. Cas. 295 and Reardon Smith Line v. MAFF [1962] 1 QB 42 and that of Scrutton J. in London and Northern Steamship Co Ltd v. Ce
    5 KB (747 words) - 12:43, 8 November 2017
  • AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC
    ...5(1)(b) but argued that leave was rightfully granted by virtue of CPR 62.5(1)(c). Rix LJ agreed – even if there were contrary authority (there was non ...2(2)). Second, where the party submitted to Kazak jurisdiction (Section 32(1)(b)-(c)).
    12 KB (1,893 words) - 20:50, 6 September 2011
  • Democratic Republic of Congo v FG Hemisphere Associates
    (1) Whether the DRC enjoyed state immunity before the Hong Kong courts; and In relation to Issue (1), the DRC, the CR Companies, and the Secretary for Justice (who joined in t
    14 KB (2,256 words) - 11:41, 8 September 2011
  • Sovarex v Romero Alvarez
    ...under Section 66 of the Arbitration Act 1996 (“AA 1996”) (see footnote 1). The Defendant sought the dismissal or a stay of the Claimant’s applicat 1. Arbitration Act 1996
    8 KB (1,186 words) - 21:28, 7 September 2011
  • Suek v Glencore International
    ...ption should be read restrictively and that, applying The "Kyzikos" [1987] 1 Lloyd’s Rep 48, the words “whether in berth or not” in the 7.13 Excep
    6 KB (953 words) - 20:33, 3 October 2011
  • Birnam v The "Hong Ming"
    “(1) The Admiralty jurisdiction of the Court of First Instance shall consist of “(2) The questions and claims referred to in subsection (1)(a) are
    6 KB (928 words) - 17:05, 7 October 2011
  • Glory Wealth Shipping v Korea Line Corporation
    ...ng a substitute vessel for the same period: see The Elena D’Amico [1980] 1 Lloyd’s Rep 75. This was justified as ‘deemed mitigation’, or on the As held in The Griparion [1994] 1 Lloyd’s Rep 533, when the Elena D’Amico method of assessing damages cou
    8 KB (1,375 words) - 21:33, 16 October 2011
  • NSCSA v BP Oil Supply
    ...(same as the clause considered by the Court of Appeal in The Oltenia [1982]1 Lloyd's Rep 448) required claims for demurrage to be presented in writing w ...s under the Vitol Interim Port Clause and clause 5 of the charter - see fn.1 -) claiming for the time and bunkers consumed for the second berthing at Fr
    8 KB (1,270 words) - 22:32, 19 November 2011
  • The Sahand
    1. The Defendants who were the owners of the three vessels arrested in Singap
    6 KB (965 words) - 22:59, 19 November 2011
  • TTMI v Statoil
    ...the UK Supreme Court in Dallah Real Estate v Government of Pakistan [2011] 1 AC 763, it was entitled to re-hear the case rather than to review the arbit ...ed orally before 17 October. As held in Shogun Finance Ltd v Hudson [2004] 1 AC 919, the identity of the parties to a contract could only be ascertained
    9 KB (1,512 words) - 19:26, 6 December 2011
  • Rainy Sky v Kookmin Bank
    Simon J, sitting in the Commercial Court [2009] EWHC 2624 (Comm), [2010] 1 All ER (Comm) 823, held that the Bank was liable. The Bank’s interpretati
    11 KB (1,836 words) - 12:39, 15 December 2011
  • Furtrans v Augusta, the Constanza M
    1) The words “a person other than the registered owner of a ship” in the ...e, interest and costs. Furtrans alleged a maritime claim as set out in Art.1.l of the Arrest Convention, namely a claim arising out of the construction
    8 KB (1,391 words) - 19:01, 10 January 2012
  • Astrazeneca UK v Albemarle International
    ...rdinary contract law (citing The Kapitan Petko Voivoda [2003] 2 Lloyds Rep 1). For these reasons, Flaux J concluded that there was no presumption agains
    8 KB (1,317 words) - 12:36, 8 January 2012
  • Emeraldian Limited v Wellmix Shipping, the Vine
    ...ture recap dated 3 December 2007, for a voyage from “1 or 2 safe berths, 1 safe port Itaguai, Brazil, always afloat” to China, with a cargo of 120,0 By clause 4.1 of the SCALE terms, Charterers were given about two and a half laydays, whi
    14 KB (2,364 words) - 09:23, 27 March 2012
  • Pacific Basin v Bulkhandling Handymax, the Triton Lark
    (1) The tribunal had misunderstood the correct application of the CONWARTIME c ...the true construction and implementation of the CONWARTIME 1993 clause (fn.1) incorporated into Disponent Owners’ NYPE form time charterparty with Cha
    22 KB (3,734 words) - 21:44, 7 February 2012
  • Thai Maparn Trading v Louis Dreyfus Commodities
    (1) Where an FOB sale contract expressly required Buyers to give a vessel nomi ...ned FOB Bangkok/Kohsichang rice sale contracts based on GAFTA Form 120 (fn.1). Both awards upheld the first tier awards that Sellers (Claimant) repudiat
    10 KB (1,624 words) - 16:40, 8 January 2012
  • African Fertilisers v BD Shipsnavo, the Christian D
    ...urt that had been granted under section 66 of the Arbitration Act 1996 (fn.1) to enforce an arbitration award and to enter judgment against them in the (1) Enforcement of a purely declaratory arbitration award under section 66 was
    10 KB (1,595 words) - 17:30, 8 January 2012
  • The Oriental Baltic
    ...intiff to continue his action against a company under liquidation: namely (1) whether the plaintiff could assert against all the world that the vessel b
    3 KB (437 words) - 19:26, 31 January 2012
  • Hyundai Merchant Marine v Trafigura - the Gas Energy
    ...count in assessing speed and performance across the charter period - Issue 1. Issue 1 All weathers
    15 KB (2,375 words) - 22:22, 20 August 2012
  • Geofizika v MMB International - The Green Island
    ...Thomas LJ, and Sir Nicholas Wall; [2010] EWCA Civ 459, [2010] 2 Lloyds Rep 1; 28 April 2010'''
    9 KB (1,461 words) - 21:42, 5 April 2012
  • Acergy Shipping v Société Bretonne de Réparation Navale
    Article 1 provided that “Works” meant all work performed by Sobrena pursuant to t “10.1 [Sobrena]… shall indemnify and hold harmless [Acergy’s] Group… from a
    10 KB (1,551 words) - 19:44, 9 April 2012
  • Osmium Shipping v Cargill International - The Captain Stefanos
    (1) Hire is payable continuously unless Charterers can bring themselves within ...se is a useful illustration of a suggestion made in The “Saldanha” (fn.1). In that case the judge held that a vessel is not off-hire pursuant to th
    9 KB (1,502 words) - 20:50, 16 April 2012
  • Sarawak Shell v South Sumatra Richfield Marine - The Red Gold
    ...”. The discharge of cargo at “D35-QA” by the snatch lift method (fn.1), used at the other platforms, commenced at 4.20 pm. At 4.25 pm “Red Gol Footnote 1: The snatch lift method allowed “Red Gold” to remain adrift while trans
    12 KB (1,933 words) - 17:57, 26 April 2012
  • A O Smith Electrical Products v Blue Anchor Line & Ors
    '''Hong Kong Court of First Instance: Reyes J: [2012] 1 HKLRD 301: 18 November 2011''' Clause 7(1) provided that, “[e]xcept as provided for in cl.7(2),” the Waybills wer
    6 KB (1,091 words) - 22:33, 2 May 2012
  • Isabella Shipowner v Shagang Shipping The Aquafaith
    ...on the leading House of Lords authority of White and Carter v McGregor (fn.1), with consideration of the later decisions of the lower courts in light of Footnote 1: [1962] AC 413.
    12 KB (1,861 words) - 10:55, 10 November 2017
  • Sideridraulic Systems v BBC Chartering & Logistics
    ...the Rules nevertheless applied to the carriage because of section 1(6) and 1(7) of the Carriage of Goods by Sea Act 1971 (“COGSA 1971”); and Sections 1(6) and 1(7) of COGSA 1971 provide:
    9 KB (1,411 words) - 21:44, 7 May 2012
  • M H Progress Lines v Orient Shipping - The Genius Star 1
    ...ress Lines SA v Orient Shipping Rotterdam BV and other, The “Genius Star 1”''' ...een’s Court (Commercial Court): Teare J: [2011] EWHC 3083 (Comm), [2012] 1 Lloyd’s Rep 222: 28 November 2011'''
    8 KB (1,309 words) - 15:28, 10 May 2012
  • The Decurion
    Section 12A(2)(1) of the High Court Ordinance (Cap.4, Laws of Hong Kong) (the equivalent of
    6 KB (1,000 words) - 23:05, 21 June 2012
  • Petroleo Brasiliero v ENE Kos 1
    '''Petroleo Brasileiro SA v ENE Kos 1 Ltd''' ...ton QC, instructed by Ince & Co LLP, for the Appellant shipowners, ENE Kos 1 Ltd
    11 KB (1,850 words) - 13:34, 9 October 2017
  • Toakas Navigation v Komrowski Bulk Shipping: Kent Line v Solym Carriers - The Paiwan Wisdom
    In doing so, Solym relied upon The Product Star (No.2), [1993] 1 Lloyds Rep 397 (CA), which established that Owners could not reject a voyag Fn.1 War Risks Clause for Time Charters, 2004 (Code Name: CONWARTIME 2004)
    7 KB (1,130 words) - 21:53, 11 November 2012
  • 1. Jebsens International (Australia) v Interfert Australia: 2. Norden A/S v Beach Building & Civil Group
    '''1.Jebsens International (Australia) Pty Ltd and Anor v Interfert Australia Pt Section 11(1) of COGSA is a mandatory choice of law clause, by which all parties when en
    9 KB (1,391 words) - 20:22, 28 September 2013
  • The Bunga Melati 5
    1. The Plaintiffs, Equatorial Marine Fuel Management Services Pte Ltd (“Equ ...tember 2008, under which the Plaintiffs agreed to supply, on a spot basis, 1,000 mt of bunkers to the Defendants’ vessel MT “Navig8 Faith”.
    11 KB (1,876 words) - 18:49, 25 November 2012
  • Carboex SA v Louis Dreyfus Commodities
    ...Reardon Smith Line Ltd v Ministry of Agriculture Fisheries and Food [1962] 1 QB 42). The closer the vessel was to the head of the queue when the strike
    10 KB (1,592 words) - 22:37, 2 December 2012
  • Daimler South East Asia v Front Row Investments (Singapore)
    ...les, excluded the right of appeal to the Singapore Courts under Section 49(1) of the Arbitration Act. ...a Singapore Court on the exclusion of the right of appeal under Section 49(1) of the Arbitration Act.
    7 KB (1,175 words) - 15:32, 30 November 2012

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