Welex AG v Rosa Maritime Ltd [2003] EWCA Civ 26 (14 January 2003)

Welex AG v Rosa Maritime Ltd [2003] EWCA Civ 26 (14 January 2003)

Permission to appeal was granted because there are arguable points of law regarding the incorporation of arbitration clauses into bills of lading and the exercise of discretion in granting anti-suit injunctions, particularly given the uncertainty about the existence and disclosure of the arbitration clause and the availability of security in London arbitration.

Citation
[2003] EWCA Civ 26
Parties
Claimant/applicant: Welex AG; Defendant/respondent: Rosa Maritime Limited
Jurisdiction
England and Wales
Judgment Date
14 January 2003
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Permission to appeal granted
Legal Topics
Incorporation of Arbitration Clauses, Anti Suit Injunctions, Jurisdictional Disputes, Bills of Lading, Maritime Liens
Commercial Law Arbitration Shipping Law Incorporation of Arbitration Clauses Anti Suit Injunctions Jurisdictional Disputes Bills of Lading Maritime Liens

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Parties

Welex AG

Claimant/applicant

Rosa Maritime Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the fixture recap and charter party terms, including a London arbitration clause, were incorporated into the bill of lading despite the charter party date being left blank
  2. 2 Whether an anti-suit injunction should be granted to restrain proceedings in Poland in favour of London arbitration
  3. 3 Whether the availability of Portuguese security in London arbitration affects the grant of an anti-suit injunction

Ratio Decidendi

Permission to appeal was granted because there are arguable points of law regarding the incorporation of arbitration clauses into bills of lading and the exercise of discretion in granting anti-suit injunctions, particularly given the uncertainty about the existence and disclosure of the arbitration clause and the availability of security in London arbitration.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted