Caresse Navigation Ltd v Zurich Assurances Maroc & Ors

Caresse Navigation Ltd v Zurich Assurances Maroc & Ors

The bill of lading, by specific reference to the 'law and arbitration clause' of the charterparty, incorporated the English law and exclusive jurisdiction clause, justifying the anti-suit injunction restraining proceedings in Morocco.

Parties
Claimant/respondent: Caresse Navigation Ltd; Defendant/appellant: Zurich Assurances MAROC; Defendant/appellant: WAFA Assurance; Defendant/appellant: AXA Assurance MAROC; Defendant/appellant: Atlanta
Jurisdiction
England and Wales
Judgment Date
21 October 2014
Procedural Posture
Appeal / Judgment on Appeal Against Interim Anti Suit Injunction
Outcome
Appeal dismissed
Legal Topics
Bills of Lading, Charterparty Incorporation, Jurisdiction Clauses, Anti Suit Injunctions
Commercial Law Shipping Law Contract Law Bills of Lading Charterparty Incorporation Jurisdiction Clauses Anti Suit Injunctions

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Parties

Caresse Navigation Ltd

Claimant/respondent

Zurich Assurances MAROC

Defendant/appellant

WAFA Assurance

Defendant/appellant

AXA Assurance MAROC

Defendant/appellant

Atlanta

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Interim Anti Suit Injunction

Legal Issues

  1. 1 Whether the bill of lading incorporated the English law and exclusive jurisdiction clause from the charterparty
  2. 2 Whether an anti-suit injunction restraining proceedings in Morocco was proper

Ratio Decidendi

The bill of lading, by specific reference to the 'law and arbitration clause' of the charterparty, incorporated the English law and exclusive jurisdiction clause, justifying the anti-suit injunction restraining proceedings in Morocco.

Court Disposition

Appeal dismissed

Orders

  • Anti-suit injunction upheld restraining cargo interests from pursuing proceedings in Morocco