Difference between revisions of "Other Cases"

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DMC/SandT/16/07
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England
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'''FSL-9 Pte Ltd and Nordic Tankers Trading A/S v Norwegian Hull Club (The “FSL New York”)'''
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'''English Commercial Court: Blair J: [2016] EWHC 1091 (Comm): 10 May 2016: [[http://www.onlinedmc.co.uk/index.php/FSL-9_Pte_&_Nordic_Tankers_Trading_v_Norwegian_Hull_Club_-_The_FSL_New_York]]
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'''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'''
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DMC/SandT/16/05
 
DMC/SandT/16/05

Revision as of 20:14, 13 November 2016

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: [[1]]

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: [[2]]

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: [[3]]

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:[[4]]

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:[[5]]

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:[[6]]

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:[[7]]

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: [[8]]

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::[[9]]

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:[[10]]

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:[[11]]

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): [[12]]

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”):[[13]]

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:[[14]]

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:[[15]]

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:[[16]]

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:[[17]]

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:[[18]]

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:[[19]]

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:[[20]]

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: [[21]]

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: [[22]]

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:[[23]]

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:[[24]]

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[[25]]

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:[[26]]

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:[[27]]

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:[[28]]

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:[[29]]

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:[[30]]

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:[[31]]

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: [[32]]

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: [[33]]

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: [[34]]

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: [[35]]

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:[[36]]

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”)[[37]]

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 [[38]]

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”[[39]]

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 [[40]]

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”)[[41]]

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”)[[42]]

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 [[43]]

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”) [[44]]

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