Stellar Shipping Co Llc v Hudson Shipping Lines [2010] EWHC 2985 (Comm) (18 November 2010)

Stellar Shipping Co Llc v Hudson Shipping Lines [2010] EWHC 2985 (Comm) (18 November 2010)

Stellar, by expressly agreeing to guarantee Phiniqia's obligations under the COA and to endorse the COA, including its arbitration clause, entered into an express arbitration agreement with Hudson in respect of the guarantee. The arbitral tribunal therefore had substantive jurisdiction over Stellar.

Source-derived case information.

Citation
[2010] EWHC 2985 (Comm)
Parties
Claimant: Stellar Shipping Co LLC; Defendant: Hudson Shipping Lines
Jurisdiction
England and Wales
Judgment Date
18 November 2010
Procedural Posture
Section 67 Arbitration Act 1996 Challenge / Judgment on Challenge to Arbitral Tribunal's Jurisdiction
Outcome
Application dismissed
Legal Topics
Arbitration Agreement, Jurisdiction of Arbitral Tribunal, Guarantee Contracts, Incorporation of Arbitration Clauses, Contract Formation
Arbitration Commercial Law Contract Law Arbitration Agreement Jurisdiction of Arbitral Tribunal Guarantee Contracts Incorporation of Arbitration Clauses Contract Formation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stellar Shipping Co LLC

Claimant

Hudson Shipping Lines

Defendant

Procedural Posture

Section 67 Arbitration Act 1996 Challenge / Judgment on Challenge to Arbitral Tribunal's Jurisdiction

Legal Issues

  1. 1 Whether Stellar entered into an arbitration agreement with Hudson in respect of the guarantee
  2. 2 Whether the arbitral tribunal had substantive jurisdiction over Stellar

Ratio Decidendi

Stellar, by expressly agreeing to guarantee Phiniqia's obligations under the COA and to endorse the COA, including its arbitration clause, entered into an express arbitration agreement with Hudson in respect of the guarantee. The arbitral tribunal therefore had substantive jurisdiction over Stellar.

Court Disposition

Application dismissed

Orders

  • Stellar's challenge to the tribunal's jurisdiction is dismissed.