Changes

Arbitration Issues

1,686 bytes added, 12:16, 27 February 2023
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DMC/Arbn/23/01
 
'''England'''
 
'''DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd (The “Newcastle Express”)'''
 
'''English Court of Appeal: Males, Birss and Snowden LJJ: [2022] EWCA Civ 1555: 24 November 2022:[[https://www.onlinedmc.co.uk/index.php/DHL_Project_and_Chartering_v_Gemini_Ocean_Shipping_-_The_Newcastle_Express]]
 
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2022/1555.html
 
'''VOYAGE CHARTER: WHETHER VOYAGE CHARTER AND ARBITRATION AGREEMENT THEREIN CONCLUDED: WHETHER ARBITRATOR HAD SUBSTANTIVE JURISDICTION TO MAKE AWARD: WHETHER “SUBJECT SHIPPER/RECEIVERS APPROVAL” OF THE VESSEL PROVISION IN RECAP A CONDITION PRECEDENT AND SUBJECT TO “APPROVAL NOT TO BE UNREASONABLY WITHHELD” TERM IN INCORPORATED PROFORMA CHARTER: APPLICATION UNDER SECTIONS 67 OF ARBITRATION ACT 1996'''
 
DMC/Arbn/2022/04
'''England'''
'''ENEMALTA PLC v. THE STANDARD CLUB ASIA LIMITED [2021] EWHC 1215 (COMM)'''
'''English Commercial Court (QBD): Judge Pelling QC: 26 April 2021:[[https://www.onlinedmc.co.uk/index.php/ENEMALTA_PLC_v_Standard_Club_Asia]
Judgment available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2021/551.html
 
'''WHETHER THE HIGH COURT HAD JURISDICTION TO DECIDE THE VALIDITY OF A LETTER OF UNDERTAKING ISSUED BY A P&I CLUB - CONTAINING AN ENGLISH HIGH COURT EXCLUSIVE JURISDICTION CLAUSE - IN RESPECT OF THEIR OWNER MEMBERS’ ALLEGED LIABLITY FOR DAMAGE TO A SUBMARINE CABLE, IN CIRCUMSTANCES WHERE THE OWNERS HAD INSTITUTED PROCEEDINGS IN SINGAPORE SEEKING TO ESTABLISH A LIMITATION FUND THERE IN RESPECT OF THE INCIDENT UNDER THE LIMITATION OF LIABILITY FOR MARITIME CLAIMS CONVENTION OF 1976'''
 
 
DMC/Arbn/22/03