Case Summaries
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.”
Sumanu Natural Resources Ltd & Anr v Mediterranean Shipping Co SA [2016]
“Claimants did not have title to sue as neither were named in non-negotiable Bills of Lading. Second Claimant time barred under one year Hague-Visby Rules time bar in any event. Even if wrong on title to sue point, on the facts, two of the three seals on the containers were intact and, therefore, cargo of coltan ore could not have been substituted with sand and pebbles as alleged.”
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.”
942 LMLN 2 - London Arbitration 1/16 [2016]
“Claimant lay-up facility became involuntary bailee after termination of the lay-up agreement and should continue to provide services but was allowed to recover “costs and expenses”, which did not exclude indirect costs and a profit element.”