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  • .../ Archive of case notes published prior to 2010] [[List of Archive Entries|1]]'''
    1 KB (178 words) - 17:02, 19 March 2021
  • ...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
  • 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
  • ...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
  • ...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
  • ...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
  • “(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
  • ...: 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
  • 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
  • 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
  • ...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
  • (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
  • ...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
  • ...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
  • ...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
  • ...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
  • ...(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
  • ...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
  • ...(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
  • ...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

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