Seabridge AB v A C Orssleff's Eftf's A/S, Court of Appeal - Queen's Bench Division, August 09, 1999, [2000] 1 All ER (Comm) 415,[1999] EWHC 276 (QB),[2000] CLC 656,[1999] 2 Lloyd's Rep 685

Extract

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Seabridge AB v A C Orssleff's Eftf's A/S, Court of Appeal - Queen's Bench Division, August 09, 1999, [2000] 1 All ER (Comm) 415,[1999] EWHC 276 (QB),[2000] CLC 656,[1999] 2 Lloyd's Rep 685

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Error! Main Document Only.

BAILII Citation Number: [1999] EWHC 276 (QB)

Case No. 1999 Folio No. 418

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

Royal Courts of Justice

Strand

London. WC2A 2LL

Date: 9 August, 1999

Before:

MR. JUSTICE THOMAS

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BETWEEN:

SEABRIDGE SHIPPING A.B.

(Claimant)

- and -

AC ORSSLEFF'S EFTF'S A/S

(Defendant)

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Transcript prepared from the Official Court Tape Recording by

Messrs. Harry Counsell & Co.

61 Carey Street, London. WC2A 2JG

Telephone: 0171-242-9346

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MISS P. MELWANI (instructed by Messrs. Stephenson Harwood) appeared on behalf of the Claimant.

MR. GOLDSTONE (instructed by Messrs. Bentleys Stokes & Lowless) appeared on behalf of the Defendant.

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JUDGMENT

MR. JUSTICE THOMAS:

INTRODUCTION

There is before the Court an appeal from a decision of a London maritime arbitrator that a claim for an indemnity from owners under a voyage charter party in respect of a cargo claim against the charterers is time barred on the basis that the arbitration had not been commenced within a year of discharge of the cargo. It raises three issues:

1. Did the incorporation of a clause paramount in the charterparty which was made in 19996 and was governed by English law incorporate the Hague Rules with their one...

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