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• 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

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