“A party relying on a “pay when paid” provision to withhold payment to its sub-contractor had the burden of proof. The main contractor in a project for the construction of LNG gas plants, was held liable to pay its sub-contractor (who had provided tug, barge and other services to the value of USD28m) as it had failed to show that it had not been paid by the employer, or used all available means to obtain payment.”

“After the outbreak of norovirus on-board, the Claimant cruise line agents sought an indemnity from Charterers' Liability insurers for payments to passengers following curtailment of the voyage. The Court found that the Claimant was not a contracting carrier under the Athens Convention and instead passengers' claims lay against the Tour Operators with whom they had a contractual relationship. The Claimant, therefore, had incurred "no losses costs or expenses as Charterer", money having been refunded to passengers for commercial and reputational reasons only. “

“A Tribunal constituted pursuant to a 'Law and Arbitration' C/P provision ruled against Charterers' challenge to its jurisdiction, holding that a competing clause referring to Egyptian Courts and law was less comprehensive than the arbitration provision. It was also considered that Charterers waived the right to challenge arbitration by participating in the proceedings. “

“The arbitration clause contained in a licence agreement between ABP and Tata was held to be valid according to s. 9 of the Arbitration Act 1996. The agreement provided for renegotiation in case of "major... change in circumstances" and arbitration in case parties failed to agree on new terms. The Court held that the arbitration clause was sufficiently certain to be binding.”

“The Court stated that the Hague-Visby Rules apply not only to contracts of carriage covered by bills of lading but also when waybills are issued instead. The Court also held that Article IV.5(c) of the Hague-Visby Rules does not require enumeration of the cargo inside a container, pallet or similar article of transport "as packed", being sufficient that the number of units or packages is exactly stated in the bill. Here the cargo consisted of unpackaged tuna loins identified as "units" for the purposes of the Rules. “

“An illustration of the principle that a claimant recovering only nominal damages has really 'lost so that the Court will approach costs on the basis that the defendant is really the successful party; in this case the claimant was required to pay a percentage of the defendants' costs plus interest at 2% above base rate, from the time solicitors' fees were paid.”