Nippon Yusen Kaisha v International Import and Export Company (The Elbe Maru)

JurisdictionEngland & Wales
Date1978
Year1978
CourtQueen's Bench Division
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14 cases
  • Whitesea Shipping and Trading Corporation and Another v El Paso Rio Clara Ltda and Others (the Marielle Bolten)
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 21 October 2009
    ...however speculative, and more than an academic interest in enforcing the covenant not to sue. As Mr Ashcroft rightly points out, The Elbe MaruThe Elbe Maru [1978] 1 Lloyd's Rep 206 at 209–210. The insurer Defendants' objection: the application of Article III rule 8 22 Mr Jacobs contends tha......
  • Ship Starsin, Re, (2003) 307 N.R. 100 (HL)
    • Canada
    • 13 March 2003
    ...v. Riley, [1962] 1 W.L.R. 344, refd to. [para. 23]. Nippon Yusen Kaisha v. International Import and Export Co. (The Elbe Maru), [1978] 1 Lloyd's Rep. 206 (C.A.), refd to. [paras. 24, 96]. Gore v. Van Der Lann, [1967] 2 Q.B. 31, refd to. [paras. 24, 100]. Adler v. Dickson (The Himalaya), [19......
  • The 'Starsin'
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 23 January 2001
    ... ... Nippon Yusen Kaisha v International Import & Export Co td (“The Elbe Maru”)UNK [1978] 1 Ll Rep 206 ... not owned by or demise chartered to the company or line by whom the bill of lading was issued the ... ...
  • Homburg Houtimport BV v Agrosin Private Ltd (Starsin)
    • United Kingdom
    • House of Lords
    • 17 March 2003
    ...interpreted this provision as a covenant not to sue, enforceable by injunction, such as was considered in Nippon Yusen Kaisha v International Import and Export Co Ltd (The Elbe Maru) [1978] 1 Lloyd's Rep 206: [2000] 1 Lloyd's Rep 85 at 99-100. All three members of the Court of Appeal agree......
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