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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

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