Case Summaries
Dana Gas PJSC v Dana Gas Sukuk Ltd & Ors [2017]
“The repayment of a loan is often accompanied by an increase in the amount repaid, "called interest by those who think it lawful and usury by those who do not". The English Court found that an agreement governed by English Law remained valid even though it would offend against the principles of Shari'a law in the country where it was to be performed.”
Glencore Agriculture B.V. (formerly Glencore Grain B.V.) v Conqueror Holdings Limited [2017]
“The first Glencore knew of an arbitration claim against it was when it received the Tribunal's Award. The Commercial Court set aside the Award, finding that neither the arbitration notice nor subsequent documentation had been effectively served upon Glencore. All notices and documents had been served by email to a junior employee who had some involvement in operational post-fixture matters, but no involvement in the handling of the dispute and no actual or ostensible authority to accept service of proceedings. Mr Justice Popplewell noted that whilst service by email is capable of being an "effective means" within the meaning of s.76(3) of the Arbitration Act, there is no principle that service by email should be available in most cases; service on a particular individual in a particular case may not be effective.”
Tonicstar Limited v (1) Allianz Insurance PLC; (2) Sirius International Insurance Corporation (PUBL) (London Branch) [2017]
“An arbitration clause requiring the tribunal to "consist of persons with not less than ten years' experience of insurance and reinsurance" requires first-hand experience in the trade or business of insurance and reinsurance; legal experience alone will not suffice. A Queen's Counsel with over ten years of experience in insurance and reinsurance law was removed by the Commercial Court on the grounds that he was not qualified to act as an arbitrator in that particular arbitration reference, and the respondents were given 30 days within which to appoint a new arbitrator. “
Sino Channel Asia Ltd. -v- Dana Shipping & Trading PTE Singapore [2017]
“In this most unusual case, service of a notice of arbitration on a party's agent was deemed valid, the agent having implied and ostensible authority to accept such service, because the principal took "no part, no role and no interest in the negotiation or performance" of the contract.”
Arbitration 28/17 (2017) 989 LMLN 2
“Owners settled a cargo claim in respect of shortage, wet and other damage to bagged rice and claimed a full indemnity from Time Charterers on the basis that the bills, incorporating a sub-charter, had exposed them to more onerous terms than the t/c. The Tribunal declined to hold that the material terms of the bills had exposed Owners to this cargo claim and instead applied the Interclub Agreement 50% apportionments with each party bearing its own costs of the reference.”
CSSA Chartering and Shipping Services SA v Mitsui O.S.K Lines Ltd (the "Pacific Voyager" [2017]
“Dealing with an unexplored corner last week the Commercial Court ruled that the Owners' obligation to proceed with "utmost despatch" or "use all convenient speed" will extend to cases where there is no provision as to ERTL or ETA, but merely a cancelling date. The laycan will still indicate the period of time within which the approach voyage should commence so that the Vessel arrives at the loading port by the cancelling date.”