“BSGR challenged an arbitration award against it for US$1.247 billion arising out of a joint venture with Vale exploiting iron ore deposits in Guinea. The Court declined BSGR's application to set aside an order granting Vale permission to enforce the award as a judgment — or to stay the same — on the grounds that there was a presumption that enforcement could proceed notwithstanding the challenge, there was no public policy defence, the challenge (being based solely on arbitrator bias) was not one obviously going to succeed, there was no evidence that if the challenge succeeded Vale would be unable to repay, nor any other concerns militating against enforcement.”

“Just before the 1-year time bar in 2014, Alba commenced cargo claim proceedings against MSC. In 2018, MSC (who had counterclaimed for cargo disposal) applied to strike out the claim because Alba failed to apply for a CMC by the deadline set in the CPR. Despite finding the 4-and-a-half-year delay inordinate and inexcusable, the Court declined to strike out, as serious prejudice had not been caused to MSC, nor had a fair trial been prejudiced. Relevant factors were the absence of intentional delay or wholesale disregard of the CPR. Nevertheless, despite the usual conditions not being satisfied but to reflect Alba's "serious default", the Court ordered it to secure MSC's costs.”

“Under a bareboat charter Guarantee, charterers' parent guaranteed, as primary obligors, charterers' performance of and payments under the charter and undertook to pay "any amount(s) demanded up to ...US$3,000,000... on demand notwithstanding any dispute between [owners and charterers]. The Court found that the Guarantor was liable even if the underlying liability (and not just quantum, as argued) was in dispute.”

“The Buyer cancelled an aircraft purchase contract, alleging Seller's breach of warranty of title (the Seller intending to acquire the aircraft with completion funds from the Buyer). In dismissing the Buyer's claim for return of the holding deposit, the Court found that the warranty as to title only applied at the time of delivery, thus the Seller was not obliged to produce title documents prior to that. In cancelling, the Buyer was in repudiatory breach such that its complaint that the Seller failed to have the aircraft at the delivery location must also fail.”

“The High Court decided a Defendant's application that the Liberian corporate Claimant secure its costs in a dispute relating to return of aircraft lease deposits. There was no information whatsoever on the Claimant's financial position (either publicly available or volunteered) and the Defendant had therefore satisfied the test of showing reason to believe that the Claimant would be unable to meet a costs award. However, as the claim and cross-claim were essentially two sides of the same coin (such that the costs incurred in defending the claim would be the same as those incurred in prosecuting the cross-claim) the Court considered it not just to make the order requested.”

“The Claimants purchased bunker from OW to supply two vessels in 2014. In respect of each supply, a Tribunal held that it had jurisdiction over disputes by reason of a London arbitration clause in OW's 2013 terms and pursuant to that, held t OW's claim for payment to have been validly assigned to ING Bank. The Claimants sought a re-hearing under s67 of the Arbitration Act. The Court declined to find that the (recently introduced) arbitration clause had not been brought to the Claimants' attention; that there was a course of dealing between the parties excluding the 2013 terms or that they were varied by correspondence. Nor did the Court's s.27 jurisdiction extend to re-hearing the assignment issue.”