Other Cases

DMC/SandT/20/11

England

Cargill International Trading Pte Ltd v Uttam Galva Steels Limited (Commercial Court): Bryan J: [2019] EWHC 476 (Comm): 28 February 2019: [[1]]

SUMMARY JUDGMENT: CONTRACT TERM: DEFAULT COMPENSATION CLAUSE: INTEREST RATE: WHETHER UNENFORCEABLE AS A PENALTY: WHETHER INCORPORATED INTO RELEVANT CONTRACT: WHETHER ONEROUS OR UNUSUAL TERM: ILLEGALITY UNDER INDIAN LAW

DMC/SandT/20/10

England

Ocean Perfect Shipping Limited v Dampskibsselskabet Norden AS

English Queen’s Bench (Commercial Court): Teare J: [2019] EWHC 3368 (Comm): 6 December 2019: [[2]

BRITISH REGISTERED VESSEL: GROUNDING WHILST ON CHARTER: MARITIME CASUALTY: MARINE ACCIDENT INVESTIGATION BRANCH (MAIB) SAFETY INVESTIGATION REPORT: MERCHANT SHIPPING (ACCIDENT REPORT AND INVESTIGATION) REGULATIONS 2012: WHETHER ARBITRATION JUDICIAL PROCEEDINGS: WHETHER REPORT TO BE ADMITTED: COURT’S PERMISSION: DISCRETION

DMC/SandT/18/04

England

Glencore Energy UK Ltd v OMV Supply & Trading Ltd (The “Seagrace”)/

English Commercial Court: Sir Ross Cranston: [2018] EWHC 895 (Comm): 23 April 2018: [[3]

CFR SALES CONTRACT: BP CFR SALES TERMS: BPVOY4 FORM: VESSEL WAITING OFFSHORE EN ROUTE TO PORT OF DISCHARGE AT REQUEST OF BUYERS: SELLERS CLAIM FOR DETENTION BASED ON IMPLIED CONTRACT: WHETHER CLAIM FOR WAITING OFFSHORE WAS A DEMURRAGE CLAIM: WHETHER CLAIM TIME-BARRED DUE TO NON-COMPLIANCE WITH DEMURRAGE CLAIMS PRESENTATION CLAUSE DEADLINE

DMC/SandT/17/12

Singapore

DSA Consultancy (FZC) v The “Eurohope”

Singapore High Court; Chua Lee Ming J; [2017] SGHC 218: [[4]]

ADMIRALTY JURISDICTION: ARREST TO OBTAIN SECURITY IN AID OF FOREIGN COURT PROCEEDINGS

DMC/SandT/17/09

Singapore

The “Posidon” and another matter

Singapore High Court; Belinda Ang Saw Ean J; [2017] SGHC 138:[[5]]

CLAIMS AGAINST SHIP SALE PROCEEDS: PRIORITIES: CIRCUMSTANCES IN WHICH ESTABLISHED ORDER OF PRIORITIES MAY BE DEPARTED FROM: CIRCUMSTANCES IN WHICH NECESSARIES CLAIM MAY RANK ABOVE MORTGAGEE’S CLAIM: WHETHER REQUIREMENT OF KNOWLEDGE OF NATURE AND EXTENT OF EXPENDITURE DIFFERS FOR DIFFERENT KINDS OF NECESSARIES CLAIMS

DMC/SandT/17/06

England

Bahamas Oil Refining Company International Limited v Cape Bari Tankschiffahrts GmbH & Co KG (The “Cape Bari”)

Judicial Committee of the Privy Council: Neuberger, Mance, Clarke, Sumption and Toulson SCJJ: [2016] UKPC 20: 19 July 2016:[[6]]

CONDITIONS OF USE OF BERTH: COLLISION BETWEEN VESSEL AND BERTH: WHETHER – UNDER CONDITIONS OF USE OF BERTH - VESSEL CAN CONTRACT OUT OF OR WAIVE STATUTORY RIGHT TO LIMIT LABILITY: WHETHER UNDER CONDITIONS OF USE VESSEL DID CONTRACT OUT OF OR WAIVE RIGHT TO LIMIT: MERCHANT SHIPPING (MARITIME CLAIMS LIMITATION OF LIABILITY) ACT 1989 OF THE BAHAMAS: CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976

DMC/SandT/17/05

England

Oldendorff GmbH & Co KG v Sea Powerful II Special Maritime Enterprises (The “Zagora”)

English High Court (Commercial Court): Mr Justice Teare: [2016] EWHC 3212; 15 December 2016:[[7]]

LETTER OF INDEMNITY: WHETHER THE DISCHARGE PORT AGENT WAS ACTING ON BEHALF OF THE SHIPOWNERS OR THE PERSON NAMED IN THE LETTER OF INDEMNITY AS THE PERSON TO WHOM DELIVERY OF THE CARGO WAS TO BE MADE

DMC/SandT/17/04

England

MSC Mediterranean Shipping Company S.A. v Cottonex Anstalt

Court of Appeal; Moore-Bick and Tomlinson LJJ, Keehan J.; [2016] EWCA Civ 789; 27 July 2016:[[8]]

CONTAINER DEMURRAGE: FRUSTRATION: REPUDIATION AND LEGITIMATE INTEREST: GOOD FAITH: PENALTIES

DMC/SandT/16/07

England

FSL-9 Pte Ltd and Nordic Tankers Trading A/S v Norwegian Hull Club (The “FSL New York”)

English Commercial Court: Blair J: [2016] EWHC 1091 (Comm): 10 May 2016: [[9]]

LETTER OF UNDERTAKING: P&I CLUB: WHETHER CLAIMANT OWNERS COULD APPLY TO HIGH COURT TO REQUIRE DEFENDANT P&I CLUB TO INCREASE LEVEL OF SECURITY AVAILABLE UNDER A LETTER OF UNDERTAKING ISSUED BY THE CLUB TO OWNERS: MEANING OF “LIBERTY TO APPLY” IN LETTER OF UNDERTAKING SUBJECT TO ENGLISH LAW AND EXCLUSIVE JURISDICTION OF HIGH COURT IN LONDON

DMC/SandT/16/05

England

PST Energy 7 Shipping LLC & Product Shipping and Trading SA v OW Bunker Malta Limited & ING Bank NV, the “RES COGITANS”

Supreme Court; Lords Neuberger, Mance, Clarke, Hughes, Toulson; [2016] UKSC 23, 11 May 2016: [[10]]

RETENTION OF TITLE CLAUSE; GOODS CONTEMPLATED TO BE CONSUMED BEFORE TITLE PASSED; SALE OF GOODS ACT 1979 INAPPLICABLE; COMMENTS ON POSITION IF SALE OF GOODS ACT 1979 APPLIED

DMC/SandT/16/04

England

Crescendo Maritime Co. & Alpha Bank AE v Bank of Communications Co Ltd & Ors.

English High Court; Teare J; [2015] EWHC 3364 (Comm), 25 November 2015: [[11]]

BACK-DATED SHIPBUILDING CONTRACT: REFUND GUARANTEES: ARBITRATION PROCEEDINGS: ACTION COMMENCED IN CHINESE COURTS BY A PARTY TO THE ARBITRATION AGREEMENT: BREACH OF ARBITRATION AGREEMENT:WHETHER AN ANTI-SUIT INJUNCTION SHOULD BE ISSUED:: WHETHER CHINESE PROCEEDINGS A COLLATERAL ATTACK ON ARBITRATION AWARD

DMC/SandT/15/17

England

PST Energy 7 Shipping LLC & Product Shipping and Trading SA v OW Bunker Malta Limited & ING Bank NV, the “RES COGITANS”

Court of Appeal; Moore-Bick, Longmore, McCombe LJJ; [2015] EWCA Civ 1058, 22 October 2015: []

ARBITRATION ACT 1996 SECTION 69 APPEAL: SUPPLY OF BUNKERS: RETENTION OF TITLE CLAUSE: CONTEMPLATED THAT GOODS WOULD BE CONSUMED BEFORE TITLE PASSED: NO PASSING OF PROPERTY INTENDED: SALE OF GOODS ACT 1979 INAPPLICABLE

DMC/SandT/15/16

Singapore

Equatorial Marine Fuel Management Services Pte Ltd v MISC Berhad, the “BUNGA MELATI 5”

High Court; Prakash J; [2015] SGHC 190, 22 July 2015:[[12]]

BUNKER BROKERS: AGENCY: ACTUAL AUTHORITY, APPARENT AUTHORITY, AND ESTOPPEL: NO GENERAL ‘DUTY TO SPEAK’

DMC/SandT/15/15

England

Arnold v Britton

UK Supreme Court: Lord Neuberger of Abbotsbury PSC, Lord Sumption, Lord Carnwath, Lord Hughes, Lord Hodge JJSC: [2015] UKSC 36, [2015] 2 WLR 1593: 10 June 2015:[[13]]

LANDLORD AND TENANT: LONG RESIDENTIAL LEASES: INCREASE OF SERVICE CHARGE AT YEARLY RATE OF 10% ON COMPOUND BASIS: CONTRACTUAL INTERPRETATION: CONTROL OF PARTIES OVER LANGUAGE USED IN CONTRACT: THAT CONTRACTUAL ARRANGEMENT WORKED OUT BADLY FOR ONE PARTY NO REASON FOR DEPARTING FROM NATURAL LANGUAGE

DMC/SandT/15/14

England

Bunge SA v Nidera BV

UK Supreme Court: Lords Neuberger, Mance, Clarke, Sumption and Toulson: [2015] UKSC 437: 1 July 2015:[[14]]

INTERNATIONAL SALE OF GOODS: DAMAGES: SALE OF GRAIN BASED ON GAFTA FORM 49: EMBARGO ON EXPORTS: PREMATURE TERMINATION OF CONTRACT BY SELLERS BEFORE EMBARGO TOOK EFFECT: ASSESSMENT OF DAMAGES TO TAKE INTO ACCOUNT EFFECT OF EMBARGO: NO LOSS SUFFERED BY BUYERS

DMC/SandT/15/13

The Netherlands

The Kingdom of The Netherlands v Owners of the yacht Qubio – “The Qubio”

Supreme Court of the Netherlands: Vice-President F.B. Bakels as chairman and judges G. Snijders, G. de Groot, M.V. Polak and T.H. Tanja-van den Broek'; 10 July 2015, Case no. ECLI:NL:HR:2015:1836:[[15]]

WRECK OF VESSEL: EXTENSION OF LIABILITY OF THE OWNER OF A SUNKEN VESSEL TO PAY FOR COSTS OF MARKING THE WRECK AS A TEMPORARY OR PRECAUTIONARY MEASURE

DMC/SandT/15/12

Singapore

Precious Shipping Public Company Ltd & Ors v OW Bunker Far East (Singapore) Pte Ltd & Ors and other matters

Singapore High Court; Chong J; [2015] SGHC 187, 21 July 2015: [[16]]

WHETHER INTERPLEADER RELIEF AVAILABLE TO ULTIMATE PURCHASERS OF BUNKERS: WHETHER POTENTIAL CLAIMS BY PHYSICAL SUPPLIERS (WHO SOLD THOSE BUNKERS TO INTERMEDIATE BUYERS) WERE SUFFICIENT TO FOUND THE COURT’S INTERPLEADER JURISDICTION

DMC/SandT/15/11

England

Glencore Energy UK Ltd v Cirrus Oil Services Ltd

English High Court (Commercial Court): Cooke J: [2014] EWHC 87 (Comm), [2014] 2 Lloyd’s Rep 1: 24 January 2014::[[17]]

CONTRACT FOR SALE OF OIL BLEND: WHETHER A BINDING CONTRACT EXISTED: FIRM OFFER WITH ESSENTIAL TERMS ACCEPTED: NAME OF SELLER INFERRED FROM PREVIOUS DEALINGS BETWEEN PARTIES: DAMAGES FOR NON-ACCEPTANCE UNDER SALE OF GOODS ACT 1979, SECTIONS 50(2) AND (3) NOT EXCLUDED BY CLAUSE 32.1 OF BP 2007 GENERAL TERMS AND CONDITIONS FOR CFR SALES

DMC/SandT/15/08

England

PST Energy 7 Shipping LLC & Product Shipping and Trading SA v OW Bunker Malta Limited & ING Bank NV, the “RES COGITANS”

English High Court; Males J; [2015] EWHC 2022 (Comm) 14 July 2015:[[18]]

ARBITRATION ACT 1996 S.69 APPEAL: BUNKER SUPPLY CONTRACT ON CREDIT TERMS: RETENTION OF TITLE CLAUSE: PARTIES CONTEMPLATED BUNKERS WOULD LIKELY BE CONSUMED BEFORE PAYMENT MADE AND TITLE PASSED: WHETHER SALE OF GOODS ACT 1979 APPLICABLE: WHETHER REQUIREMENTS OF S.49 MET

DMC/SandT/14/17

Singapore

Singapore Court of Appeal

Out of the Box Pte Ltd v Wanin Industries Pte Ltd [2013] SGCA 15:

Sundaresh Menon CJ, Chao Hick Tin JA and Andrew Phang Boon Leong JA: 6 February 2013: [2013] 2 SLR 363:[[19]]

CONTRACT: REMOTENESS OF DAMAGE: BEVERAGE DISTRIBUTOR ENGAGING MANUFACTURER TO PRODUCE NEW SPORTS DRINK: MANUFACTURER UNAWARE OF DISTRIBUTOR’S PLAN TO PROMOTE POPULAR DEMAND FOR GENERIC DRINK THROUGH AGGRESSIVE ADVERTISING: MANUFACTURER SUPPLYING DEFECTIVE SHIPMENT OF DRINKS IN BREACH OF CONTRACT: ABANDONMENT OF PROMOTION: WHETHER WASTED ADVERTISING EXPENSES CLAIMED BY DISTRIBUTOR TOO REMOTE

DMC/SandT/14/13

England

Proton Energy Group SA v Orlen Lietuva

English Queen’s Bench Division (Commercial Court): HH Judge Mackie QC: [2013] EWHC 2872 (Comm): [[20]]

CONTRACT: CONTRACT FOR SALE OF OIL BLEND: EXISTENCE OF BINDING CONTRACT: PARTIES REGARDED THEMSELVES AS BEING BOUND AFTER DEAL WAS CONFIRMED: SPECIFICATION OF OIL BLEND NOT FORMING PART OF SALE BY DESCRIPTION

DMC/SandT/14/08

England

Martrade Shipping & Transport GmbH V United Enterprises Corporation (The “Wisdom C”):[[21]]

English High Court, Queen’s Bench Division (Commercial Court); Popplewell J; [2014] EWHC 1884 (Comm); 12 June 2014

TIMECHARTER PROVIDING FOR ENGLISH LAW AND LONDON ARBITRATION: ARBITRATORS AWARDING PENAL RATE OF INTEREST: WHETHER “SIGNIFICANT CONNECTION” BETWEEN CHARTERPARTY AND ENGLAND: WHETHER “APPLICABLE LAW” A FOREIGN LAW: LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998: ARTICLES 3 AND 4 – CONTRACTS (APPLICABLE LAW) ACT 1990

England

Flame SA v Glory Wealth Shipping Pte Ltd

English Commercial Court: Teare J: [2013] EWHC 3153 (Comm): 22 October 2013:[[22]]

CONTRACT OF AFFREIGHTMENT: REPUDIATION: QUANTUM OF DAMAGES: COMPENSATORY PRINCIPLE: WHETHER INNOCENT PARTY MUST PROVE ABILITY TO PERFORM OBLIGATIONS, HAD CONTRACT CONTINUED, TO RECOVER SUBSTANTIAL DAMAGES FROM CONTRACT BREAKER

DMC/SandT/14/03

England

Sea-Cargo Skips AS v State Bank of India

English High Court: Queen’s Bench Division (Commercial Court): Teare J: [2013] EWHC 177 (Comm): 26 June 2013:[[23]]

SHIPBUILDING CONTRACT: REFUND GUARANTEE: QUESTION OF CONSTRUCTION: WHETHER DEMAND WAS SUFFICIENT TO TRIGGER BANK’S LIABILITY: AMBIGUOUS DEMAND NOT COMPLIANT

DMC/SandT/13/17

England

MRI Trading AG v Erdenet Mining Corporation LLC

English Court of Appeal: Pill, Tomlinson, McCombe LJJ: [2013] EWCA Civ 156: 08 Mar 2013:[[24]]

SALE OF GOODS: CERTAINTY OF CONTRACT TERMS: WHETHER TERMS AMOUNTED TO 'AGREEMENTS TO AGREE': PROPER APPROACH TO CONSTRUCTION AND IMPLICATION OF TERMS WITHIN A CONTRACT WHICH CONTAINS TERMS LEAVING MATTERS TO BE SUBSEQUENTLY AGREED

DMC/SandT/13/13

England

Griffon Shipping LLC v Firodi Shipping Limited – The “MV Griffon”

High Court of Justice, Queen's Bench Division, Commercial Court: Teare J.: [2013] EWHC 593 (Comm): 21 March 2013:[[25]]

SHIPSALE AGREEMENT ON NORWEGIAN SALE FORM 1993: WHETHER SELLER CAN RECOVER UNPAID DEPOSIT WHERE BUYER IN REPUDIATORY BREACH

DMC/SandT/13/12

England

Wuhan Guoyu Logistics Group Co Ltd & Anor v Emporiki Bank of Greece SA

English Court of Appeal: Longmore, Rimer and Tomlinson, LJJ.: [2012] EWCA Civ 1629:[[26]]

SHIPBUILDING CONTRACT: PAYMENT GUARANTEE: WHETHER PAYMENT GUARANTEE A TRUE GUARANTEE OR AN ON-DEMAND BOND

DMC/SandT/13/11

England

Dalmare SpA v Union Maritime Ltd & Anor

English High Court: Queen’s Bench Division: Commercial Court; Flaux J; [2012] EWHC 3537; 13 Dec 2012:[[27]]

SALE OF VESSEL "AS SHE WAS AT THE TIME OF INSPECTION": STATUTORY IMPLIED TERM AS TO QUALITY UNDER SALE OF GOODS ACT 1979: WHETHER SELLERS HAD EXCLUDED APPLICATION OF STATUTORY IMPLIED TERM; WHETHER SELLERS IN BREACH OF STATUTORY IMPLIED TERM

DMC/SandT/13/02

England

Wuhan Ocean Economic & Technical Cooperation Co Ltd v Schiffahrts-Gesellschaft “Hansa Murcia” MBH & Co KG

English Queen’s Bench (Commercial Court): Cooke J: [2012] EWHC 3104 (Comm): 6 November 2012:[[28]]

CONTRACT FOR CONSTRUCTION OF VESSEL: ADDENDUM FOR SELLERS TO OBTAIN EXTENSION OF REFUND GUARANTEE: IMPLIED TERM TO OBTAIN EXTENSION WITHIN REASONABLE TIME BEFORE EXPIRY OF ORIGINAL GUARANTEE: INNOMINATE TERM: BUT BREACH OF IMPLIED TERM NOT A REPUDIATORY BREACH AS, UNDER THE TERMS OF THE GUARANTEE, BUYERS COULD MAINTAIN THE SECURITY BY COMMENCING ARBITRATION

DMC/SandT/12/09

England

Acergy Shipping Ltd v. Société Bretonne De Réparation Navale SAS

Queen’s Bench Division (Commercial Court): David Steel J: [2011] EWHC 2490 (Comm): 5 October 2011: [[29]]

CONTRACT FOR PROVISION OF REPAIR SERVICES TO VESSEL: FIRE CAUSING DAMAGE BEYOND REPAIR WORK UNDERTAKEN: INTERPRETATION OF CONTRACT: SCOPE OF INDEMNITY CONTAINED THEREIN

DMC/SandT/12/08

England

Geofizika DD v. MMB International Limited and Greenshields Cowie & Co Ltd: “The Green Island”

English Court of Appeal; Lord Neuberger, Thomas LJ, and Sir Nicholas Wall; [2010] EWCA Civ 459, [2010] 2 Lloyds Rep 1; 28 April 2010: [[30]]

INCOTERMS 2000 CIP: CARRIAGE ON DECK: OBLIGATIONS OF FREIGHT FORWARDER: CONTRACTUAL INTERPRETATION: CAUSATION

DMC/SandT/12/05

England

Thai Maparn Trading Co Ltd v Louis Dreyfus Commodities Asia Pte Ltd (The “Med Salvador” and “Goa”)

English Commercial Court: Beatson J: [2011] EWHC 2494 (Comm): 4 October 2011:[[31]]

INTERNATIONAL SALE OF GOODS: FOB CONTRACT: WHETHER BUYERS IN BREACH OF CONDITION PRECEDENT IN CONTRACT BY FAILING TO ISSUE 7 DAY ETA OF VESSEL: WHETHER SELLERS IN REPUDIATORY/RENUNCIATORY BREACH BY REJECTING BUYERS’ NOTICE AND STATING THAT CARGO WOULD NOT BE READY IN TIME

DMC/12/02

England

ASTRAZENECA UK LIMITED v. ALBEMARLE INTERNATIONAL CORPORATION and ALBEMARLE CORPORATION

English High Court; Flaux J; [2011] EWHC 1574 (Comm); 21 June 2011:[[32]]

CONTRACT: CLAUSES GRANTING THE RIGHT OF FIRST REFUSAL: EXCLUSION CLAUSES AND DELIBERATE BREACH

DMC/SandT/11/28

England

Rainy Sky SA v Kookmin Bank

UK Supreme Court: Lord Phillips, Lord Mance, Lord Kerr, Lord Clarke and Lord Wilson: [2011] UKSC 50: 2 November 2011[[33]]

SHIPBUILDING: LETTER OF GUARANTEE: CONTRACTUAL INTERPRETATION BEING A UNITARY PROCESS: ROLE OF COMMERCIAL CONSIDERATIONS: WEIGHT TO BE GIVEN TO VIEW OF COMMERCIAL JUDGE

DMC/11/25

England

Conarken Group Limited and Farrell Transport Limited v. Network Rail Infrastructure Limited

English Court of Appeal; Pill, Moore-Bick, and Jackson LJJ; [2011] EWCA Civ 644, 27 May 2011:[[34]]

TORT: DAMAGES: SUMS PAYABLE UNDER VICTIM’S CONTRACTS WITH THIRD PARTIES: FORESEEABILITY AND REMOTENESS: REASONABLENESS OF CALCULATIONS

DMC/SandT/11/22

England

Suek AG v Glencore International AG

Queen’s Bench Division (Commercial Court): Burton J: [2011] EWHC 1361 (Comm): 27 May 2011:[[35]]

CARRIAGE OF GOODS: CIF CONTRACT: CONSTRUCTION: ENTITLEMENT TO GIVE NOTICE OF READINESS: CONCURRENT CAUSES LEADING TO DELAY IN BERTHING: COMMENCEMENT OF LAYTIME

DMC/SandT/11/20

England

Great Eastern Shipping Co Ltd v. (1) Far East Chartering Ltd (2) Binani Cement Ltd

English High Court, Queen’s Bench Division: Judge Mackie QC: [2011] EWHC 1372 (Comm): 27 May 2011:[[36]]

WHETHER SHIPOWNER ENTITLED TO ENFORCE LETTER OF INDEMNITY GIVEN BY RECEIVER TO CHARTERER FOR DELIVERY OF CARGO WITHOUT PRESENTATION OF BILLS OF LADING: CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999: WHETHER LETTER GIVEN TO CHARTERER: WHETHER CARGO “DELIVERED”: WHETHER LETTER OF INDEMNITY UNENFORCEABLE ON GROUNDS OF PUBLIC POLICY: WHETHER OWNERS ENTITLED TO RECOVER UNDER A UNILATERAL CONTRACT

DMC/SandT/11/17

The Netherlands

HDI-Gerling Industrie Versicherung AG et al v APM Terminals Rotterdam B.V. The ‘Pretoria’

Court of Rotterdam: Ms P.A.M van Schouwenburg –Laan, LJN:BO0063, September 29, 2010:[[37]]

STEVEDORE DAMAGE TO VESSEL DURING LOADING: WHETHER STEVEDORES LIABLE FOR THE DAMAGE CAUSED UNDER DUTCH LAW: BURDEN OF PROOF

DMC/SandT/11/16

United Kingdom Supreme Court

Jones v. Kaney

UK Supreme Court; Lords Philips, Hope, Brown, Collins, Kerr, Dyson, Lady Hale; [2011] UKSC 13; 30 March 2011:[[38]]

REMOVAL OF EXPERT WITNESS IMMUNITY IN CIVIL PROCEEDINGS

DMC/SandT/11/13

England

Shell Egypt West Manzala GmbH and another v Dana Gas Egypt Limited Queen’s Bench Division (Commercial Court): Tomlinson J: [2010] EWHC 465 (Comm): 10 March 2010:[[39]]

CONTRACT: JOINT VENTURE FOR GAS EXPLORATION: REPUDIATORY BREACH COMMITTED BY ONE PARTY: INNOCENT PARTY TERMINATED CONTRACT BASED ON WRONG BELIEF THAT CONTRACTUAL TERMINATION CLAUSE WAS TRIGGERED: WHETHER INNOCENT PARTY COULD JUSTIFY TERMINATION OF CONTRACT

DMC/SandT/2011/12

England

Choil Trading SA v Sahara Energy Resources Limited (The “Prem Mala”) English Commercial Court: Christopher Clarke J: [2010] EWHC 374 (Comm): 26 February 2010: [[40]]

SALE OF GOODS CARRIED BY SEA: FOB SALE CONTRACT: CIF ON-SALE CONTRACTS: QUANTIFICATION OF DAMAGES FOR DELIVERY OF CONTAMINATED GOODS IN BREACH OF FOB CONTRACT: RECOVERABILITY OF HEDGING LOSSES INCURRED IN MITIGATION IN RELATION TO CIF CONTRACTS: WHETHER TRUE CONSTRUCTION OF FOB CONTRACT EXEMPTION CLAUSE EXCLUDED RECOVERY OF HEDGING AND ADDITIONAL EXPENSES/COSTS INCURRED AS A RESULT OF BREACH OF CONTRACT

DMC/SandT/11/11

English High Court

Azimut–Benetti SpA v. Healey

English High Court: Blair J.: [2010] EWHC 2234 (Comm): 3 September 2010: [[41]]

SHIPBUILDING CONTRACT: LIQUIDATED DAMAGES: GUARANTEE: WHETHER LIQUIDATED DAMAGES CONSTITUTE A PENALTY: WHETHER A PRE-ESTIMATE OF LOSS IN THE CASE OF BREACH: WHETHER A DETERRENT: WHETHER GUARANTEE REMAINS ENFORCEABLE WHERE A PROVISION IN THE UNDERLYING CONTRACT CONSTITUTES A PENALTY: PUBLIC POLICY

DMC/SandT/11/10

United Kingdom

Oceanbulk Shipping & Trading SA v TMT Asia Ltd & ORs

United Kingdom Supreme Court: Lord Phillips, Lord Rodger, Lord Walker, Lord Brown, Lord Mance, Lord Clarke, Sir John Dyson): [2010] UKSC 44: 27 October 2010: [[42]]

CONTRACTS: SETTLEMENT AGREEMENT: INTERPRETATION: ‘WITHOUT PREJUDICE’ COMMUNICATIONS: WHETHER FACTS DISCLOSED DURING ‘WITHOUT PREJUDICE’ NEGOTIATIONS ADMISSIBLE AS AN AID TO CONSTRUCTION OF SETTLEMENT AGREEMENT

DMC/SandT/11/09

English Court of Appeal

Thomas Crema v. Cenkos Securities PLC

English Court of Appeal (Civil Division); Hughes LJ, Aikens LJ, Chancellor Morritt; [2010] EWCA Civ 1444, 16 December 2010: [[43]]

CONTRACT PARTLY WRITTEN AND PARTLY ORAL: WHETHER TERM SHOULD BE IMPLIED: RELEVANT PRINCIPLES: RELEVANCE OF MARKET PRACTICE: EXPERT EVIDENCE: LIMITATIONS OF EXPERT EVIDENCE

DMC/SandT/11/08

English Court of Appeal

Kookmin Bank v Rainy SA and others English Court of Appeal: Thorpe and Patten LJJ and Sir Simon Tuckey: [2010] EWCA Civ 582, [2010] 1 CLC 829: 27 May 2010:[[44]]

SHIPBUILDING: LETTER OF GUARANTEE: CONTRACTUAL INTERPRETATION: EXTREME CONSEQUENCES REQUIRED TO DEPART FROM MEANING OF WORDS AS CONVEYED TO REASONABLE PERSON: NO DEPARTURE SIMPLY BECAUSE COURT WOULD REACH DIFFERENT BALANCE OF PARTIES’ INTERESTS AND OBLIGATIONS UNDER CONTRACT

DMC/SandT/10/25

England

Angara Maritime Ltd v Oceanconnect UK Ltd and Oceanconnect.com Inc (The “Fesco Angara”)[[45]]

Queen’s Bench Division, London Mercantile Court: HHJ Mackie QC: [2010] EWHC 619 (QB): 29 March 2010

SALE OF GOODS: BUNKERS/MARINE FUELS: S.25(1) OF THE SALE OF GOODS ACT 1979: SALE OF BUNKERS TO TIME CHARTERERS: BUNKERS DELIVERED TO VESSEL: FAILURE BY TIME CHARTERERS TO PAY SUPPLIERS FOR BUNKERS: RIGHT OF SUPPLIERS TO SUE OWNERS IN CONVERSION AND/OR BAILMENT FOLLOWING PREMATURE REDELIVERY OF VESSEL BY TIME CHARTERERS TO OWNERS

DMC/SandT/10/26

England

Soufflet Negoce SA v Bunge SA

English Court of Appeal: Longmore, Wilson and Toulson LJJ: [2010] EWCA 1102: 13 October 20101

http://www.bailii.org/ew/cases/EWCA/Civ/2010/1102.html

FOB CONTRACT: GAFTA 49 FORM: “IN READINESS TO LOAD”: WHETHER THIS MEANS THAT VESSEL MUST BE “READY” TO LOAD IN A LAYTIME SENSE: RISK OF GOODS DAMAGED BY UNCLEAN HOLDS ON BUYER

DMC/SandT/2010/25

England

Habas Sinai Ve Tibbi Gazlar Isthisal Endustri AS v Sometal SAL

English Commercial Court: Christopher Clarke J: [2010] EWHC 29 (Comm): 18 January 2010 [[46]]

Available on BAILII @ http://www.bailii.org/ew/cases/EWHC/Comm/2010/29.html

ARBITRATION: INCORPORATION OF ARBITRATION AGREEMENT/CLAUSE INTO CONTRACT: GENERAL REFERENCE TO PRIOR CONTRACTS BETWEEN SAME PARTIES WHICH INCLUDED ARBITRATION AGREEMENT/CLAUSE: WHETHER WORDS USED SUFFICIENT TO INCORPORATE PRIOR ARBITRATION AGREEMENT/CLAUSE

DMC/SandT/10/17

South Africa

The MV “Ioannis NK”[[47]]

The owner of the cargo lately laden on board the MV “Ioannis NK” v The Master and Crew & Others (AC 66/2009)

High Court of South Africa (Western Cape High Court, Cape Town) exercising its admiralty jurisdiction: Cleaver J.; 26 August 2009

EXAMINATION OF CREW FOR PURPOSE OF OBTAINING EVIDENCE WHERE DISPUTE SUBJECT TO FOREIGN PROCEEDINGS: EXCEPTIONAL CIRCUMSTANCES UNDER THE ADMIRALTY JURISIDICTION REGULATIONS ACT 1983: FACTORS TO BE CONSIDERED: RIGHTS OF CREW MEMBERS FOLLOWING A CASUALTY

DMC/SandT/10/16

England and Wales

Kolmar Group AG v Traxpo Enterprises Pvt Limited [[48]]

English High Court: [2010] EWHC 113 (Comm)

INTERNATIONAL SALE OF GOODS: FOB CONTRACT: ECONOMIC DURESS BY DEMANDING PAYMENT FOR LESSER AMOUNT OF GOODS AT HIGHER PRICE THAN AGREED UNDER THE CONTRACT: TORT OF INTIMIDATION: DAMAGES FOR BREACH OF CONTRACT

DMC/SandT/10/11

High Court of England and Wales

Sotrade Denizcilik Sanayi Ve Ticaret AS v Amadou LO and others (The “Duden”)[[49]]

Queen's Bench Division (Commercial Court): Jonathan Hirst, Q.C.: [2008] EWHC 2762 (Comm); [2009] 1 Lloyd's Rep. 145: 19 November 2008

CARRIAGE OF GOODS BY SEA: CHARTERPARTY: LONDON ARBITRATION CLAUSE INCORPORATED IN BILLS OF LADING: CONSERVATORY ARREST BY CARGO OWNER AND INSURER: JURISDICTION: ANTI-SUIT INJUNCTION: WRONGFUL INDUCEMENT OR PROCUREMENT OF BREACH OF EXPRESS AND IMPLIED TERMS OF BILL OF LADING CONTRACT: REFUSAL TO ACCEPT PROTECTION AND INDEMNITY CLUB UNDERTAKING

DMC/SandT/10/09

English High Court

Kallang Shipping SA Panama v AXA Assurances Senegal and Comptoir Commercial Mandiaye Ndiaya (The “Kallang”)[[50]]

Queen's Bench Division (Commercial Court): Jonathan Hirst, Q.C.: [2008] EWHC 2761 (Comm); [2009] 1 Lloyd's Rep. 124: 19 November 2008

CARRIAGE OF GOODS BY SEA: CHARTERPARTY: LONDON ARBITRATION CLAUSE INCORPORATED IN BILLS OF LADING: IMPLIED TERMS: ARREST BY CARGO OWNER AND INSURER: SECURITY: JURISDICTION: WRONGFUL INDUCEMENT OR PROCUREMENT OF BREACH OF CONTRACT: PROTECTION AND INDEMNITY CLUB: LETTERS OF UNDERTAKING

DMC/SandT/10/08

Singapore

TAT SENG MACHINE MOVERS PTE LTD V. ORIX LEASING SINGAPORE LTD:[2009] SGCA 42 [[51]]

Singapore Court of Appeal: Andrew Phang Boon Leong JA, Chao Hick Tin JA, V K Rajah JA: 11 September 2009

BAILMENT – BAILOR’S RIGHT TO IMMEDIATE RIGHT TO POSSESSION IF BAILEE’S BEHAVIOUR REPUGNANT TO TERMS OF BAILMENT – WHETHER CONTRACTUAL RIGHTS RESTRICTED BAILOR’S RIGHTS UNDER COMMON LAW

TORT – CONVERSION – WHETHER ACT OF REMOVING MACHINE FROM PREMISES AND DELIVERING IT AS INSTRUCTED AMOUNTED TO CONVERSION OF MACHINE – WHETHER ACT OF STORING MACHINE AT WAREHOUSE AMOUNTED TO CONVERSION OF MACHINE – WHETHER ACT OF REDELIVERING MACHINE TO PURPORTED OWNER AMOUNTED TO CONVERSION OF MACHINE

DMC/SandT/10/7

Hong Kong

The “Blue Bridge” (formerly known as The “Great Power”) [[52]]

Hong Kong SAR Court of First Instance: Reyes J in Chambers: HCAJ No. 136/1999: 1 February 2010 http://www.hklii.org/hk/jud/eng/hkcfi/2010/HCAJ000136_1999-69593.html

CARRIAGE OF GOODS BY SEA: SETTING ASIDE DEFAULT JUDGMENT ENTERED INTO AGAINST A SHIPOWNING COMPANY THAT HAD BEEN DISSOLVED: APPLICATION BY RE-INSURER TO INTERVENE: AUTHORITY TO ACT FOR PRINCIPAL IN LITIGATION: DELAY IN APPLICATION TO INTERVENE: REAL PROSPECT OF SUCCESS