Golden Endurance Shipping SA v RMA Watanya SA & Ors [2016] EWHC 2110 (Comm) (15 August 2016)

Golden Endurance Shipping SA v RMA Watanya SA & Ors [2016] EWHC 2110 (Comm) (15 August 2016)

The claimant did not submit to the jurisdiction of the Moroccan courts within the meaning of English law, as its primary response was to seek a stay in favour of arbitration, which falls within the statutory exception in s.33(1)(b) of the Civil Jurisdiction and Judgments Act 1982. Therefore, the Moroccan judgment is not entitled to recognition in England. However, the Moroccan proceedings were a valid suit brought within one year for the purposes of Article III r.6 of the Hague Rules, so the claimant is not discharged from liability by the time-bar.

Citation
[2016] EWHC 2110 (Comm)
Parties
Claimant: Golden Endurance Shipping SA; First Defendant: RMA Watanya SA; Second Defendant: AXA Assurance Maroc SA; Third Defendant: Wafa Assurance SA; Fourth Defendant: Dalia Comodex SA
Jurisdiction
England and Wales
Judgment Date
15 August 2016
Procedural Posture
Commercial Shipping/cargo Claim / High Court Judgment on Preliminary Issue and Summary Judgment Application
Outcome
Preliminary issue determined for claimant; summary judgment refused.
Legal Topics
Recognition of Foreign Judgments, Submission to Jurisdiction, Hague Rules Time Bar, Anti Suit Injunctions, Bills of Lading
Conflict of Laws Shipping Law Insurance Law Recognition of Foreign Judgments Submission to Jurisdiction Hague Rules Time Bar Anti Suit Injunctions Bills of Lading

Case Brief

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Parties

Golden Endurance Shipping SA

Claimant

RMA Watanya SA

First Defendant

AXA Assurance Maroc SA

Second Defendant

Wafa Assurance SA

Third Defendant

Dalia Comodex SA

Fourth Defendant

Procedural Posture

Commercial Shipping/cargo Claim / High Court Judgment on Preliminary Issue and Summary Judgment Application

Legal Issues

  1. 1 Whether the Moroccan judgment should be recognised in England and estop the claimant per rem judicatam
  2. 2 Whether the claimant submitted to the jurisdiction of the Moroccan courts
  3. 3 Whether the Moroccan proceedings or the English proceedings constitute valid suit for the purposes of the Hague Rules time-bar

Ratio Decidendi

The claimant did not submit to the jurisdiction of the Moroccan courts within the meaning of English law, as its primary response was to seek a stay in favour of arbitration, which falls within the statutory exception in s.33(1)(b) of the Civil Jurisdiction and Judgments Act 1982. Therefore, the Moroccan judgment is not entitled to recognition in England. However, the Moroccan proceedings were a valid suit brought within one year for the purposes of Article III r.6 of the Hague Rules, so the claimant is not discharged from liability by the time-bar.

Court Disposition

Preliminary issue determined for claimant; summary judgment refused.

Orders

  • Moroccan judgment not recognised in England; claimant not estopped per rem judicatam.
  • Claimant's application for summary judgment refused; Moroccan proceedings were valid suit under Hague Rules time-bar.