Sotrade Denizcilik Sanayi VE Ticaret AS v Amadou Lo & Ors

Sotrade Denizcilik Sanayi VE Ticaret AS v Amadou Lo & Ors

Axa Senegal knowingly and intentionally procured a breach of the London arbitration clause by using the arrest of the vessel to force Senegalese jurisdiction, but the Owners did not suffer recoverable loss as the loss was sustained by Anchor, the bareboat charterer. A final injunction is warranted to restrain proceedings other than before a London arbitration tribunal.

Parties
Claimant: Sotrade Denizcilik Sanayi Ve Ticaret A. S.; Defendant: Amadou Lo; Defendant: Tiger Denrées Senegal; Defendant: Axa Assurance Senegal; Defendant: Axa France Assurance S. A.
Jurisdiction
England and Wales
Judgment Date
19 November 2008
Procedural Posture
Commercial Court Claim / Judgment After Trial
Outcome
Claim for damages dismissed; final injunction granted unless undertaking offered.
Legal Topics
Arrest of Vessel, Jurisdiction, Arbitration Clause, Procurement of Breach of Contract, Damages, Injunction
Commercial Law Shipping Law Arbitration Law Insurance Law Arrest of Vessel Jurisdiction Arbitration Clause Procurement of Breach of Contract +2 more

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Parties

Sotrade Denizcilik Sanayi Ve Ticaret A. S.

Claimant

Amadou Lo

Defendant

Tiger Denrées Senegal

Defendant

Axa Assurance Senegal

Defendant

Axa France Assurance S. A.

Defendant

Procedural Posture

Commercial Court Claim / Judgment After Trial

Legal Issues

  1. 1 Whether Owners were party as carriers to the bills of lading
  2. 2 Whether bills of lading incorporated London arbitration clause
  3. 3 Whether Dakar proceedings breached express or implied terms of bills of lading

Ratio Decidendi

Axa Senegal knowingly and intentionally procured a breach of the London arbitration clause by using the arrest of the vessel to force Senegalese jurisdiction, but the Owners did not suffer recoverable loss as the loss was sustained by Anchor, the bareboat charterer. A final injunction is warranted to restrain proceedings other than before a London arbitration tribunal.

Court Disposition

Claim for damages dismissed; final injunction granted unless undertaking offered.

Orders

  • Final injunction restraining continuance, instigation or commencement of proceedings for any claims arising out of or under or relating to the Bills of Lading other than before a duly constituted London arbitration tribunal, unless an undertaking is given to the Court instead.
  • Claim for damages dismissed.