
Case Summaries
The Magellan Spirit [2016]
“Commercial Court rejects Owners’ arguments of (i) agency, (ii) incorporation and (iii) express agreement and also considers their delay in applying is sufficient to reject Owners’ anti-suit injunction against Nigerian cargo claim in Nigeria.”
Gold Reserve Inc. v. The Bolivarian Republic of Venezuela [2016]
"The existence of an arbitration agreement meant that Venezuela could not rely on state immunity, even when the Claimant was in breach of its obligation of full and frank disclosure.”
Cofely v. Bingham and Knowles [2016]
“In a construction case, an arbitrator would be disqualified for apparent bias where 18% of his appintments and 25% of his income in the last 3 years were derived from the same appointer.”
JSC BTA Bank v. Ablyazov and Khrapunov [2016]
“Whilst breach of a Freezing Order is punishable by imprisonment, the Court cannot order damages against the person in contempt, because the law of contempt is concerned with public interest and not private compensation. But a conspiracy to injure another by conspiring to breach a Freezing Order amounts to the tort of conspiracy to injure by unlawful means and may be compensated by an award of damages.”
Glencore v. PT Tera Logistic Indonesia [2016]
“Where a claim and a counterclaim arise from a single set of facts giving rise to a balance of accounts or netting-off under a contract, a reference to “claims” and to “all disputes arising under the contract” in notices of appointment of an arbitrator will ordinarily suffice to interrupt the running of time in respect of the counterclaim.”
Ramburs Inc. v. Agrifert SA [2015] EWHC 3548 - 04.12.11.21015 (Andrew Smith J.)
“Although a substitute nomination is allowed under an FOB contract, such nomination is invalid unless the substitute vessel is itself nominated within the time limits stipulated.”