Edmund Broadbent

Independent Petroleum Group Limited v. Seacarriers Count Pte Ltd (The "Count") [2008] 1 Lloyd's Rep. 72 (Commercial Court) (appeal under section 69 of the Arbitration Act 1996 - Beira nominated as discharge port under Asbatankvoy charter - another vessel grounding in the channel to Beira after the "Count's" arrival - departure of "Count" delayed - whether Beira was a prospectively unsafe port for the “Count” even though the "Count" was only delayed and not damaged - whether charterers' orders caused the owners' loss).

Bottiglieri Di Navigazione SpA v. Cosco Qingdao Ocean Shipping Company (The "Bunga Saga Lima") [2005] 2 Lloyds' Rep. 1 (Commercial Court) (challenge to arbitration award under sections 68 and 69 of the Arbitration Act 1996 - time charter - vessel presenting to load iron ore at second load port with coal residues in holds - whether charterers had waived rights to claim off-hire and damages in respect of cleaning at the second load port by not requiring coal residues to be removed at the first load port).

Effort Shipping Co. Ltd v. Linden Management S.A. [1998] A.C. 605 (Court of Appeal and House of Lords) (shipment of cargo infested by Khapra beetle - whether shipper's liability for shipment of dangerous cargo absolute or qualified - Article IV rules 3 and 6 of the Hague Rules - shipper's implied obligation at common law - whether transfer of bill of lading relieved shipper of liability - Bills of Lading Act 1855).

Cargill International S.A. v. CPN Tankers (Bermuda) Ltd [1993] 2 Lloyd's Rep. 435 (Commercial Court and Court of Appeal) (Asbatankvoy charterparty subject to United States Carriage of Goods by Sea Act 1936 - time bar under section 3(6) of the Act - whether limited to physical loss and damage).

Belgravia Navigation Co. S.A. v. Cannor Shipping Ltd [1988] 1 Lloyd's Rep. 55 and 2 Lloyd's Rep. 423 (Commercial Court and Court of Appeal) (sale of ship - vessel described as "built January 1971)" - certificate of registry gave date of build as 1970 - whether arbitrator had misdirected himself as to meaning of "built".

Other unreported cases include claims:

• for damage to a wheat cargo caused by the dead body of a stowaway;
• by shipowners against time charterers and shippers for damage to vessel's steelwork caused by wet bulk sulphur cargo;
• for US$6 million arising out of the sale of an OBO for defects in vessel;
• by cargo owners for US$10 million for the loss of an entire timber cargo by fire;
• for US$2 million under boiler conversion contract for the conversion of a vessel to an FPSO vessel;
• by shipowners for damage to a vessel's fuel injection system by contaminated fuel;
• by shipowners and charterers for wrongful withdrawal of vessels from time and voyage charters;
• by cargo owners for seawater damage to a cargo of sugar caused by fractured shell plating;
• under a time charter for US$1.149 million for damage to cargo sustained during navigation in a hurricane;
• by managers for US$8 million for wrongful termination of a ship management agreement;
• for US$5 million for damage sustained by a tug while towing a tanker;
• by cargo owners for defrosting damage to a cargo of frozen chicken parts;
• for US$ 6.9 million arising out agreements for financing the construction of drilling vessels;
• by shipowners for damage to cargo tanks following carriage of acid cargoes; and
• by charterers arising out of the improper stowage of logs on a bulk carrier.

Insurance Co. v. Lloyd's Syndicate [1995] 1 Lloyd's Rep. 272 (Commercial Court) (whether arbitration award could be disclosed in other arbitration proceedings - confidentiality of arbitration award - injunction enforcing negative covenant).

L'Office Cherifien Des Phosphates v. Yamashita-Shinnihon Steamship Co. Ltd [1994] 1 A.C. 486 (Commercial Court, Court of Appeal and House of Lords) (new power given to arbitrators by section 13A of the Arbitration Act 1950 to dismiss arbitration proceedings for want of prosecution - whether power applied in relation to delay occurring before section 13A came into force - retrospective effect of legislation)

Steel Authority of India Ltd v. Hind Metals Inc. [1984] 1 Lloyd's Rep. 405 (Commercial Court) (arbitration award in form of special case - issues as to the proper law and existence of the contract between the parties - whether award should be remitted for statement of further questions and further findings of fact).