Arbitration Issues
DMC/SandT/10/16
The Netherlands
Mr Van Wassenaer Van Catwijck, also acting in his capacity as the representative of Mr Saarberg and Mr Ariens (hereinafter called “the Arbitrators”) v Knowsley SK Limited, Manchester, United Kingdom (hereinafter called “KSK”)[1]
Dutch Supreme Court. D.H. Beukenhorst (chairman), A.M.J. van Buchem-Spapens, J.C. van Oven, F.B.Bakels and W.D.H. Asser, 29 January 2010, Case number 09/00505, published on www.rechtspraak.nl, LJN: BK2007
ARBITRATION: DUTCH LAW: OBLIGATIONS OF ARBITRATORS TOWARDS PARTIES IN ARBITRATION PROCEEDINGS
Singapore
DMC/SandT/09/01
Singapore High Court: Andrew Ang, J.: 9 September 2008: [2008] SGHC 149 Admiralty and Shipping: claim for cargo damage under bill of lading incorporating arbitration clause of charterparty but charterparty not identified: application for Stay of court proceedings in favour of arbitration: claim in Arbitration time barred under Hague-Visby Rules: Whether court should grant stay on condition that time bar be waived: singapore International Arbitration Act s 6(2): Principles underlying court's discretion to grant terms or conditions for stay: Whether justice of the case called for court to impose terms or conditions
Royal & Sun Alliance v. BAE Systems English High Court: Walker J: [2008] 743 (Comm): 15 April 2008 ARBITRATION: DISPUTE RESOLUTION AGREEMENT GIVING EITHER PARTY THE RIGHT TO APPEAL TO THE COURT ON A QUESTION OF LAW ARISING OUT OF THE AWARD: WHETHER THIS SUFFICIENT TO DISPENSE WITH NEED TO OBTAIN LEAVE OF THE COURT UNDER THE ARBITRATION ACT 1996 S.69(2)(B)
Fiona Trust and Holding Corporation and Others v Yuri Privalov and Others under name of Premium Nafta Products Ltd (20th Defendant) & Others v. Fili Shipping Co Ltd (14th Claimant) & Others English House of Lords: Lords Hoffmann, Hope, Scott, Walker and Brown: [2007] UKHL 40: 17 October 2007 TIME CHARTERPARTIES: RESCISSION: EFFECT OF FRAUD AND BRIBERY ON VALIDITY OF JURISDICTION AND ARBITRATION CLAUSES: SHELLTIME 4 FORM, CLAUSE 41: DISPUTES "ARISING OUT OF" COMPARED TO DISPUTES "ARISING UNDER" THE CONTRACT: SEVERABILITY OF ARBITRATION CLAUSE: ARBITRATION ACT 1996, SECTION 7
ASM Shipping Ltd of India v. TTMI Ltd of England English Court of Appeal: Sir Anthony Clarke MR, Rix and Longmore LJJ.: [2006] EWCA Civ 1341: 16 October 2006 ARBITRATION: AWARD: APPLICATION TO SET ASIDE AWARD ON GROUNDS OF APPARENT BIAS UNDER S.68 ARBITRATION ACT 1996: FAILURE OF APPLICATION: PERMISSION TO APPEAL UNDER S.68.4 REFUSED: WHETHER REFUSAL OF APPEAL A BREACH OF EUROPEAN CONVENTION ON HUMAN RIGHTS, ART.6: WHETHER COURT OF APPEAL HAD RESIDUAL JURISDICTION TO PERMIT APPEAL
[[(1) Starlight Shipping Co (Marshall Islands) (2) Overseas Marine Enterprises Inc. (Liberia) v. (1) Tai Ping Insurance Co Ltd, Hubei Branch (People’s Republic of China (2) International Economic & Trading Corporation, Wugang Group (People’s Republic of China)]] English High Court, Commercial Court: Cooke J.: [2007] EWHC 1893 Civ: 1 August 2007 SHIPPING: CARGO CLAIM BROUGHT BY CARGO INSURERS IN CHINA IN BREACH OF ARBITRATION CLAUSE IN B/L: ANTI-SUIT INJUNCTIONS: INTER-RELATIONSHIP OF S.37(1) SUPREME COURT ACT 1981 ("SCA") AND S.44 ARBITRATION ACT 1996: WHETHER REQUIREMENT OF URGENCY UNDER S.44(3) MADE OUT: WHETHER ARBITRATION TRIBUNAL "UNABLE FOR THE TIME BEING TO ACT EFFECTIVELY" UNDER S.44(5): WHETHER DISCRETIONARY ELEMENTS OF S.37 SCA MADE OUT
"C" v "D" English Commercial Court: Cooke J: [2007] EWHC 1541 (Comm): 28 June 2007 INSURANCE: LONDON ARBITRATION CLAUSE: NEW YORK GOVERNING LAW CLAUSE: RIGHT TO CHALLENGE A PARTIAL AWARD MADE IN LONDON BY APPLICATION TO NEW YORK COURT
ASM Shipping Ltd of India v. Bruce Harris & Others (2007) English High Court: Andrew Smith J: [2007] EWHC 1513 (Comm); 28 June 2007 ARBITRATORS: REMOVAL ON GROUNDS OF APPARENT BIAS UNDER s.24 ARBITRATION ACT 1996: ONE OF THREE ARBITRATORS WITHDREW ON GROUND OF APPARENT BIAS: APPLICATION TO REMOVE TWO REMAINING ARBITRATORS: WHETHER REMAINING ARBITRATORS ‘TAINTED’ BY APPARENT BIAS OF OTHER ARBITRATOR: LOSS OF RIGHT TO OBJECT UNDER s.73 ARBITRATION ACT 1996: MEANING OF ‘CONTINUES TO TAKE PART IN THE PROCEEDINGS'
West Tankers Inc v RAS Riunione Adriatica di Sicurta SpA (The "Front Comor") English House of Lords: Lords Nicholls, Steyn, Hoffmann, Rodger and Mance: [2007] UKHL 4: 21 February 2007 Available on BAILII @ http://www.bailii.org/uk/cases/UKHL/2007/4.html ANTI-SUIT INJUNCTIONS: WHETHER ENGLISH COURT CAN ISSUE ORDER TO DISCONTINUE EC MEMBER STATE COURT PROCEEDINGS: CHARTERPARTY: LONDON ARBITRATION CLAUSE: INSURERS’ SUBROGATED RIGHTS: EC REGULATION 44/2001, REGS. 1(2)(D), 5(3): SUPREME COURT ACT 1981, S. 37(1)
Fiona Trust and Holding Corporation and Others v Yuri Privalov and Others English Court of Appeal: Tuckey, Arden and Longmore LJ: [2007] EWCA CIV 20: 24 January 2007 TIME CHARTERPARTIES: SHELLTIME 4 FORM, CLAUSE 41: EFFECT OF FRAUD AND BRIBERY ON VALIDITY OF JURISDICTION AND ARBITRATION CLAUSES: "ARISING OUT OF" COMPARED TO "ARISING UNDER": ARBITRATION ACT 1996, SECTIONS 9 AND 72
Sea Trade Maritime Corporation v Hellenic Mutual War Risks Association (Bermuda) Ltd (The "Athena") English Commercial Court: Langley J: [2006] EWHC 2530 (Comm): 18 October 2006 Available on BAILII @ http://www.bailii.org/ew/cases/EWHC/Comm/2006/2530.html INSURANCE: WAR RISKS: WAR RISKS MUUTAL INSURANCE ASSOCIATION RULES CONTAINING ARBITRATION CLAUSE: INCORPORATION OF ARBITRATION CLAUSE INTO CONTRACT OF INSURANCE: BROKER AS AGENT FOR INSURED: WHETHER ENGLISH JURISDICTION CLAUSE EXCLUSIVE
Fiona Trust & Holdings Corporation and Others v Privalov and Others English Commercial Court: Morison J: [2006] EWHC 2583 (Comm): 20 October 2006 Available on BAILII @ http://www.bailii.org/ew/cases/EWHC/Comm/2006/2583.html FRAUD: BRIBERY: CHARTERPARTIES: ARBITRATION CLAUSES: ARBITRATORS’ JURISDICTION: RESCISSION: RESTITUTION: VITIATION OF CONTRACTS AND ARBITRATION AGREEMENTS
Stena Bulk, as disponent owner of the M/T "Goldmar", Claimant v. Citgo Asphalt Refining Co., as Charterer, Respondent United States of America: Society of Maritime Arbitrators of New York, Inc.: David W. Martowski, Chairman, Manfred W. Arnold and Jack Berg, arbitrators: Award Number 3902: November 22, 2005 WHETHER OWNERS, NOT A PARTY TO THE CHARTERPARTY BETWEEN DISPONENT OWNERS AND SUBCHARTERERS, COULD BE COMPELLED TO TAKE PART IN ARBITRATION PROCEEDINGS UNDER THE SUBCHARTER: WHETHER AN AFFILIATE OF THE SUBCHARTERERS, NOT A PARTY TO THE SUBCHARTER, COULD BRING A CLAIM IN SUCH PROCEEDINGS
The Owners of Cargo lately laden on board the "Yaoki" v. The Owners of the "Yaoki (The "Yaoki") High Court of Hong Kong, Court of First Instance: Waung J: Admiralty Action No. 134 of 2005: [2006] HKCFI 411 ADMIRALTY: STAY OF PROCEEDING: BILL OF LADING INCORPORATES CHARTERPARTY TERMS INCLUDING ARBITRATION CLAUSE: CHARTERPARTY NOT IDENTIFIED IN BILL OF LADING: WHETHER THE BILL OF LADING REFERRED TO THE TIME CHARTERPARTY OR THE VOYAGE CHARTERPARTY
L J Korbetis v Transgrain Shipping BV (The “Alexia M”) English High Court (Queen’s Bench Division): Toulson J: [2005] EWHC 1345 (QB): 17 June 2005 LONDON ARBITRATION CLAUSE: AMENDED CENTROCON FORM: APPOINTMENT OF ARBITRATOR: ARBITRATOR’S JURISDICTION TO HEAR CLAIM: RELIEF FOR LATE COMMENCEMENT OF ARBITRATION PROCEEDINGS: ARBITRATION ACT 1996, S.32 AND S.12(3)1: OFFER AND ACCEPTANCE OF NOMINATED ARBITRATOR: COMMUNICATION OF ACCEPTANCE: EFFECT OF TIME BAR
Stolt-Nielsen SA v. Animalfeeds International Corp. United States of America: District Court for the Southern District of New York: District Judge: Jed S. Rakoff: No. 06 Civ. 420 (JSR): 26 June 2006 Arbitration: class arbitration: Whether class arbitration permitted where charterparty arbitration clause silent on the point: manifest disregard of the law: federal maritime law: new york state law
Exfin Shipping (India) Ltd Mumbai v Tolani Shipping Co Ltd Mumbai English Commercial Court: Langley J: [2006] EWHC (Comm): 17 May 2006 APPLICATION TO SET ASIDE ARBITRATION AWARD: ARBITRATION ACT 1996, S. 67(1): JURISDICTION OF ARBITRATOR TO HEAR CLAIM: PROPER CONSTRUCTION OF ARBITRATION CLAUSE: MEANING OF "ANY DISPUTE": WHETHER REFUSAL TO PAY A SUM ADMITTED AS DUE IS A "DISPUTE"
Bernuth Lines Ltd v High Seas Shipping Ltd English High Court, Queen’s Bench Division, Commercial Court: Christopher Clarke J.: [2005] EWHC 3020 Comm: 21 December 2005 ARBITRATION: ARBITRATION ACT 1996, S.76(4): SERVICE BY ANY EFFECTIVE MEANS: WHETHER SERVICE BY EMAIL AN "EFFECTIVE MEANS": LONDON MARITIME ARBITRATORS ASSOCIATION’S SMALL CLAIMS PROCEDURE ("SCP"): CLAIM BELOW US$50,000 BUT COUNTERCLAIM ABOVE US$50,000:WHETHER SCP APPROPRIATE
Hackwood Ltd v Areen Design Services Ltd English High Court: Technology & Construction Court; Mr Justice Field; [2005] EWHC 2322 (TCC); 31 October 2005 CONSTRUCTION Contract: what was the contract?: DID IT CONTAIN arbitration AGREEMENT: pERSON TAKING NO PART IN Arbitration PROCEEDINGS: RIGHTS UNDER S.72 ARBITRATION Act 1996: WHETHER PERSON DEBARRED FROM TAKING PART IN ARBITRATION PROCEEDINGS IF APPLICATION FOR RELIEF UNDER S.72 FAILS
A.S.M Shipping Ltd of India v T.T.M.I Ltd of England English High Court: Commercial Division: Morison J.: [2005] EWHC 2238 (Comm): 19 October 2005 Charterparty; Arbitration; Arbitration Act 1996; possibility of bias: section 68; serious irregularity/SUBSTANTIAL INJUSTICE: SERIOUS allegations IN PREVIOUS CASE against witness REGARDING DISCLOSURE: ARBITRATOR’S KNOWLEDGE OF AND INVOLVEMENT IN PREVIOUS CASE; section 24; removal of arbitrator; WHETHER CLAIMANT HAD WAIVED ITS RIGHT TO OBJECT UNDER S.73
Surefire Systems Limited v. Guardian ECL Limited English High Court, Queen's Bench Division, Technology and Construction Court; Mr Justice Jackson; [2005] EWHC 1860 (TCC); Case No: HT-05-183; 18 August 2005 Arbitration: construction: disputes over final account: Arbitration Act 1996: leave to appeal ("LTA"): section 69: questions of law: whether requirements of section met: extensions of time: section 70(3): section 80(5)
Lesotho Highlands Development Authority v. Impregilo SpA and others English House of Lords: Lords Steyn, Hoffmann, Phillips MR, Scott and Rodger: [2005] UKHL 43 on appeal from [2003] EWCA Civ 1159, itself on appeal from [2003] 1 All ER (Comm) 22; [2002] EWHC 2435 (Comm) Arbitration: arbitration Act 1996: currency of award: Award of interest: error of law: whether tribunal exceeded it powers: whether serious irregularity under section 68
Pan Liberty Navigation Co Ltd v World Link (HK) Resources Ltd (2005) BCCA 206 Canada: Court of Appeal of British Columbia: Court Docket: CA032234: Esson, Oppal and Madam Saunders, JJA: 8 April 2005 Model Law Article 8: LMAA Award (London): enforcement: arrest of bunkers : identity of respondent/award debtor: jurisdiction of arbitrator: public policy: Whether arbitrator’s jurisdiction exhausted
Thyssen Canada Limited v Mariana Maritime SA and another English High Court: Queen’s Bench Division: Commercial Court: Cooke J.: 23 February 2005: [2005] EWHC 219 (Comm) ARBITRATION: APPEAL UNDER S.68 ARBITRATION ACT 1996: WHETHER AWARD OBTAINED BY FRAUD OR CONTRARY TO PUBLIC POLICY: WHETHER RIGHT TO OBJECT LOST UNDER S.73(1): TAKING PART IN THE PROCEEDINGS: TIME LIMIT FOR APPEAL UNDER S.70(3): WHETHER GROUNDS FOR EXTENSION UNDER S.80(5)
Encyclopaedia Universalis S.A. v. Encyclopaedia Britannica, Inc., United States of America: Second Circuit Court of Appeals: No. 04-0288-cv, 2005 U.S. App. LEXIS 5157: 31 March 2005 Arbitration: Enforcement: effect of Procedural irregularities: effect of tribunal exceeding its powers: Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention): Federal Arbitration Act
Vee Networks Limited v Econet Wireless International Ltd High Court (England), Queen’s Bench Division: Colman J.: [2004] EWHC 2909 (Comm): 14 December 2004 Arbitration: Arbitration Act 1996: section 7 – Separability of arbitration agreement: section 30 – competence of tribunal to rule on its own jurisdiction: section 67 – challenging the award, substantive jurisdiction: interrelationship of sections 7 and 67
Cetelem SA v Roust Holdings Ltd English High Court: Beatson J.: [2004] EWHC 3175 QB: 29 December 2004 Arbitration Act 1996 s.44: assistance of Court prior to commencement of arbitration: freezing orders: mandatory injunctions
World Trade Corporation Ltd v C Czarnikow Sugar Ltd English High Court, Commercial Division: Colman J.: 18 October 2004 ARBITRATION: AWARD: FAILURE TO DEAL WITH ISSUES OF FACT: WHETHER REMEDIABLE UNDER S.57 ARBITRATION ACT 1996: WHETHER A SERIOUS IRREGULARITY UNDER S. 68
Tame Shipping Ltd v Easy Navigation Ltd English High Court: Moore-Bick J.: 28 July 2004 ARBITRATION: LONDON MARITIME ARBITRATORS SMALL CLAIMS PROCEDURES: REASONS PUBLISHED SEPARATELY FROM AWARD ON TERMS NOT TO BE USED IN CHALLENGING AWARD: SERIOUS IRREGULARITY UNDER S.68(2)(d) ARBITRATION ACT 1996: WHETHER COURT COULD EXAMINE REASONS
The "Hyundai Fortune" Singapore Court of Appeal: Chao Hick Tin JA and Tan Lee Meng J: [2004] SGCA 41: 9 September 2004 EXCLUSIVE JURISDICTION CLAUSE IN BILL OF LADING REFERRED ALL CLAIMS TO THE SEOUL DISTRICT COURT IN KOREA: ACTION COMMENCED IN SINGAPORE BY CARGO OWNERS FOR DAMAGE TO CARGO: APPLICATION TO STAY PROCEEDINGS IN SINGAPORE: FACTORS TO BE CONSIDERED WHERE THERE WAS EFFECTIVELY NO DEFENCE TO THE CLAIM
Prescott v. Northlake Christian School United States of America: US Fifth Circuit Court of Appeals: Circuit Judge: Edith H. Jones, dissent by Circuit Judge Carl E. Stewart: 369 F.3d 491 4 May 2004 EMPLOYMENT CONTRACT: MEDIATION/Arbitration CLAUSE: HANDWRITTEN AMENDMENT RESERVING PARTIES’ RIGHTS OF APPEAL: Scope of Judicial Review
Minermet SPA Milan v Luckyfield Shipping Corporation SA English Commercial Court: Cooke J.: 31 March 2004 SHIPPING: CHARTERPARTY: ARBITRATION CLAUSE: APPOINTMENT OF CLAIMANT’S ARBITRATOR: DEFENDANT’S ARBITRATOR TO BE APPOINTED WITHIN 14 DAYS: NO APPOINTMENT WITHIN THAT PERIOD: WHETHER CLAIMANT’S ARBITRATOR ENTITLED TO ACT AS SOLE ARBITRATOR
Incitec Ltd v Alkimos Shipping Corporation and Hyundai Merchant Marine Co Ltd Federal Court of Australia: Allsop J.: 3 June 2004 Dr A Bell, instructed by Middletons, for Alkimos Mr G Nell, instructed by Sparke Helmore, for Hyundai SHIPPING: CHARTERPARTY: CARGO CLAIMS: ARBITRATION CLAUSE: EXCLUSIVE JURISDICTION AGREEMENT: APPLICATION FOR LEAVE TO FILE CLAIMS IN FEDERAL COURT CONTRARY TO EXCLUSIVE JURISDICTION AGREEMENT: SCOPE OF ARBITRATION CLAUSE: STAY OF PROCEEDINGS: FUTILITY: RISK OF DIFFERENT COURTS REACHING INCONSISTENT FINDINGS ON SAME ISSUES: INCONVENIENCE TO THIRD PARTIES
The Department of Economic Policy and Development of the City of Moscow and another v Bankers Trust Company and International Industrial Bank English Court of Appeal: Sir Andrew Morritt VC, Mance and Carnwath LJJ.: 25 March 2004 ARBITRATION: APPLICATIONS TO THE COURT: PRIVACY OF HEARINGS: CIVIL PROCEDURE RULES 62.10: SUPERVISORY ROLE OF COURT: PUBLIC INTEREST: PUBLICATION OF JUDGMENTS
The "HYUNDAI FORTUNE" Singapore High Court: Belinda Ang J: [2004] SGHC 45: 1 March 2004 CONFLICT OF LAWS: ADMIRALTY ACTION IN SINGAPORE: JURISDICTION CLAUSE IN BILL OF LADING: WHETHER TO STAY SINGAPORE ACTION FOR KOREA
Usinor Steel Corp. v. M/V Koningsborg United States District Court for the Southern District of New York: District Judge: Alvin K. Hellerstein.:No. 03 Civ. 4301; 2004 U.S. Dist. LEXIS 1615; 4 February 2004 arbitration: charter party: arbitration clause: Whether mandatory or permissive: federal policy: final order
Jurong Engineering Ltd v. Black & Veatch Singapore Pte Ltd Singapore High Court: Lai Kew Chai J: 26 November 2003: [2003] SGHC 292 ARBITRATION: CONSTRUCTION OF AN ARBITRATION CLAUSE: ARBITRATION CLAUSE MADE GENERAL REFERENCE TO RULES PROMULGATED BY THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE: ARBITRATION WAS A DOMESTIC ARBITRATION:- ARBITRATION COMMENCED UNDER SIAC DOMESTIC ARBITRATION RULES: SIAC DOMESTIC ARBITRATION RULES NOT IN EXISTENCE AT THE TIME OF CONTRACT WHILST SIAC ARBITRATION RULES (WHICH GOVERNS INTERNATIONAL ARBITRATION) IN EXISTENCE AT THE TIME OF CONTRACT:- WHETHER SIAC DOMESTIC ARBITRATION RULES OR SIAC ARBITRATION RULES SHOULD APPLY
Hawk Shipping Ltd v Cron Navigation Ltd English Commercial Court: Toulson J.: 11 July 2003 ARBITRATION: TIMECHARTER: WRONGFUL WITHDRAWAL: CALCULATION OF LOSS: availability of alternative vessel
ABC Co v XYZ Co Ltd Singapore High Court: Judith Prakash J: unreported: 8 May 2003) ARBITRATION: APPLICATION TO SET ASIDE AWARD UNDER ARTICLE 34 OF THE MODEL LAW: WHETHER APPLICANT MAY ADD NEW GROUNDS FOR SETTING ASIDE AFTER EXPIRY OF THREE MONTHS
Astra Oil Company, Inc. v. Rover Navigation, Ltd. United States Court of Appeals for the Second Circuit: Jacobs and Sotomayor, Judges: No. 02-9388: 2003 U.S. App. LEXIS 19670 (2d Cir. September 2003) (not yet officially reported): 22 September 2003 Shipping: Charter party: Arbitration: When May A Non-Party Compel Arbitration?
Duferco International Steel Trading v. T. Klaveness Shipping A/S United States Court of Appeals for the Second Circuit: Judges Feinberg, Cardamone, and Sack: 333 F.3d 383: June 24 2003 time charter: voyage charter: safe-berth warranty: indemnity Arbitration: Manifest disregard of the law: arbitration award: vacatur/set aside: vouching-in: collateral estoppel: plausible reading of the award: whether should also be ‘probable’
Welex AG v Rosa Maritime Limited English Court of Appeal: Brooke, May and Tuckey LJJ.: 3 July 2003 VOYAGE CHARTERPARTY: BILLS OF LADING ON CONGENBILL FORM: WHETHER CHARTERPARTY LAW AND JURISDICTION CLAUSE INCORPORATED: SPECIFIC WORDS OF INCORPORATION: WHETHER CHARTERPARTY EXISTED
Siboti K/S v BP France SA English Commercial Court: Gross J.: 11 June 2003 VOYAGE CHARTERPARTY: BILLS OF LADING TO INCORPORATE EXCLUSIVE DISPUTE RESOLUTION CLAUSE OF CHARTERPARTY: ONLY GENERAL WORDS OF INCORPORATION IN BILLS OF LADING: CONSTRUCTION OF BILLS OF LADING: IRRELEVANCE OF CHARTERPARTY: ABSENCE OF CLEAR INTENTION TO INCORPORATE CHARTERPARTY DISPUTE RESOLUTION CLAUSE
BLCT (13096) Ltd v J Sainsbury Plc English Court of Appeal: Lady Justice Arden, Lord Justice Longmore: [2003] EWCA Civ 884: 30 June 2003 Appeal from arbitration: Arbitration Act 1996, section 69: application for leave to appeal the award under s.69(5): no oral hearing under s.69(5): refusal to grant an oral hearing: leave to appeal refused under s.69(6): Court of Appeal's jurisdiction to give leave: Residual jurisdiction: right to a fair trial, Art. 6(1), European Convention on Human Rights: whether limitation on rights of appeal under Arbitration Act 1996 S.69(6) inconsistent with Art. 6: Whether Art. 6 required an oral hearing of appeal application
Internaut Shipping GmbH and Sphinx Navigation Ltd (Liberia) v Fercometal SARL (‘The Elikon’) English Court of Appeal: Lord Justices Mummery, Sedley, Rix: [2003] EWCA Civ. 812: 17 June 2003 Arbitration: Arbitration Acts 1950, 1979: demurrage claim under a voyage charterparty: whether the registered or the disponent owner, or both, was a party to the charter: whether an arbitral reference by the "owner" was valid and subsisting
Glyphics Media, Inc. v. M.V. Conti Singapore, and others United States District Court, Southern District of New York: Hon. Naomi Reice Buchwald: Docket No. 02 Civ. 4398 (NRB): March 21, 2003. BILL OF LADING: FORUM SELECTION CLAUSE: CARRIER: AGENCY
Associated Electric and Gas Insurance Services Limited v European Reinsurance Company of Zurich English Privy Council: Lords Bingham, Hobhouse, Hoffmann and Millett and Sir Christopher Staughton: 29 January 2003 ARBITRATION: TWO ARBITRATIONS BETWEEN SAME PARTIES: CONFIDENTIALITY CLAUSE IN FIRST ARBITRATION AGREEMENT: WHETHER CONFIDENTIALITY CLAUSE PREVENTED REFERENCE TO FIRST ARBITRATION IN SECOND ARBITRATION
Newspeed International Limited v. Citus Trading Pte Ltd High Court of Singapore: Woo Bih Li JC: 4 June 2001 ENFORCEMENT OF FOREIGN AWARD UNDER THE INTERNATIONAL ARBITRATION ACT (CAP. 143A): WHETHER RESPONDENT UNABLE TO PRESENT ITS CASE IN ARBITRATION PROCEEDINGS
Aceros Prefabricados, S.A. v. TradeArbed, Inc. Court of Appeals for the Second Circuit; Miner, Calabresi and Cabranes; 282 F.3d 92 (2d Cir. 2002); February 13, 2002. confirmation: arbitration: material alteration: arbitration clause: arbitration provision: motion to stay: burden of proof
Welex AG v. Rosa Maritime Limited English Commercial Court: David Steel J.: April 2002 CONTRACT OF CARRIAGE: BILL OF LADING: CONGENBILL FORM: INCORPORATING ARBITRATION CLAUSE FROM RECAP TELEX: RECAP TELEX AS CHARTERPARTY
North Range Shipping Limited v Seatrans Shipping Corporation English Court of Appeal: Peter Gibson, Aldous, Tuckey LJJ: March 2002 ARBITRATION: SHIPPING: ARBITRATI0N ACT 1996: REFUSAL OF LEAVE TO APPEAL: GIVING REASONS: EUROPEAN CONVENTION ON HUMAN RIGHTS: RIGHT TO A FAIR TRIAL: JURISDICTION TO HEAR APPEALS FROM REFUSAL TO GIVE LEAVE TO APPEAL: RESIDUAL JURISDICTION IN CASES OF MISCONDUCT OR UNFAIRNESS
PT Garuda Indonesia v Birgen Air Singapore Court of Appeal: [2002] 1 SLR 393 WHETHER AGREEMENT TO CHANGE SEAT OF ARBITRATION: WHETHER INTERNATIONAL ARBITRATION ACT 1994 OR THE MODEL LAW APPLIES: SERVICE OUT OF JURISDICTION OF ORIGINATING PROCESS UNDER O.69A, R.4 OF THE RULES OF COURT This case note has been supplied by Ang and Partners, the International Contributors for Singapore
Sonatrach Petroleum Co (BVI) v Ferrell International ltd English High Court: Commercial Court: Colman J: October 2001 ARBITRATION: SHIPPING: BACK-TO-BACK TIME CHARTERPARTIES: ARBITRATION AND JURISDICTION CLAUSES: FLOATING PROPER LAW CLAUSE: UNCERTAINTY: FORUM SELECTION: SEPARABILITY
BFC Aircraft Sales and Leasing Ltd v. The AGES Group English High Court: Morison J.: December 2001 CONFLICT OF LAWS: JURISDICTION: FORUM NON CONVENIENS: AIRCRAFT BROKERS: CONSULTANT CONTRACT: CHOICE OF ENGLISH LAW: AIRCRAFT LEASES SUBJECT TO FLORIDA LAW: INTENTION OF THE PARTIES
Michael S Evryalos Maritime Ltd v. China Pacific Insurance Co Ltd - " The Michael S" English Commercial Court: Colman. J: December 2001 ANTI-SUIT INJUNCTION: DAMAGE TO CARGO: BILLS OF LADING: CHARTERPARTY: WHETHER ARBITRATION CLAUSE INCORPORATED INTO BILLS OF LADING: CONFLICT BETWEEN CONGENBILL EDITIONS 1978 AND 1994: CONSTRUCTION: RECTIFICATION: EVIDENCE OF MUTUAL INTENTION IN WORDING OF BILLS: S.5(1)(A) CARRIAGE OF GOODS BY SEA ACT 1992: BILLS OF LADING ACT 1855: CONTRACT OF CARRIAGE ‘EVIDENCED BY B/L’: WHETHER CHANGE IN LAW INTENDED: LAW COMMISSION REPORT: LEDUC V WARD: POSITION OF INDORSEE: NOTICE
Cargo on Board MV'Delos' v. Delos Shipping English High Court: Langley J.: January 2001: [2001] 1 AER 763 VOYAGE CHARTERPARTY: ARBITRATION CLAUSE: INCORPORATION INTO BILLS OF LADING.
Louis Dreyfus Negoce SA v. Blystad Shipping & Trading Inc. US Court of Appeals, Second Circuit: June 2001 Case Note prepared in co-operation with the New York law firm of Healy & Baillie, LLP, which represented Blystad Shipping & Trading NEW YORK ARBITRATION CLAUSE: BROAD AND NARROW ARBITRATION CLAUSES: APPLICATION TO COLLATERAL AGREEMENTS: COLLATERAL AGREEMENT PROVIDING FOR ENGLISH JURISDICTION: PRESUMPTION OF ARBITRABILITY UNDER BROAD CLAUSE WHERE CLAIM 'IMPLICATES' ISSUES OF CONTRACT CONSTRUCTION
PT Garuda Indonesia v. Birgen Air High Court of Singapore: Woo Bih Li, Judicial Commissioner: Unreported: September 2001 Case Note provided by Ang & Partners, International Contributors for Singapore SEAT OF ARBITRATION – CURIAL LAW – WHETHER INTERNATIONAL ARBITRATION ACT 1994 OR THE MODEL LAW APPLIES – SERVICE OUT OF JURISDICTION OF ORIGINATING PROCESS UNDER O.69A, R.4 OF THE RULES OF COURT – SUBSTITUTED SERVICE INSIDE SINGAPORE
Transfield Shipping Inc v. Sino-Add (Singapore) Pte Ltd High Court of Singapore: Judith Prakash J: Unreported: 27 August 2001 Case note prepared by Ang & Partners, International Contributors for Singapore GENCON CHARTERPARTY - MAREVA INJUNCTION – WHETHER RISK OF DISSIPATION OF ASSETS – WHETHER MATERIAL NON-DISCLOSURE – WHETHER STAY OF ACTION IN FAVOUR OF ARBITRATION – WHETHER ARBITRATION CLAUSE WAS FOR GENERAL AVERAGE ONLY
