Deep Sea Maritime Ltd v Monjasa A/S

Deep Sea Maritime Ltd v Monjasa A/S

Article III Rule 6 of the Hague Rules applies to misdelivery claims occurring during the period of Hague Rules responsibility. Proceedings commenced in breach of an exclusive jurisdiction clause (here, in Tunisia) do not satisfy the requirement to bring suit within one year for the purposes of the Rule in other forums. Thus, Monjasa's claims (except those in Tunisia, if successful) are time-barred.

Parties
Claimant: Deep Sea Maritime Limited; Defendant: Monjasa A/S
Jurisdiction
England and Wales
Judgment Date
15 June 2018
Procedural Posture
Commercial Claim (carriage of Goods by Sea) / Application for Summary Judgment
Outcome
Summary judgment granted in part for the claimant; declaration to be agreed by parties.
Legal Topics
Hague Rules Time Bar, Misdelivery Under Bill of Lading, Exclusive Jurisdiction Clauses, Summary Judgment Procedure
Carriage of Goods by Sea International Commercial Law Conflict of Laws Hague Rules Time Bar Misdelivery Under Bill of Lading Exclusive Jurisdiction Clauses Summary Judgment Procedure

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Parties

Deep Sea Maritime Limited

Claimant

Monjasa A/S

Defendant

Procedural Posture

Commercial Claim (carriage of Goods by Sea) / Application for Summary Judgment

Legal Issues

  1. 1 Does Article III Rule 6 of the Hague Rules apply to claims for misdelivery?
  2. 2 Can proceedings commenced in a non-contractual forum satisfy the one-year time bar under Article III Rule 6 when an exclusive jurisdiction clause exists?

Ratio Decidendi

Article III Rule 6 of the Hague Rules applies to misdelivery claims occurring during the period of Hague Rules responsibility. Proceedings commenced in breach of an exclusive jurisdiction clause (here, in Tunisia) do not satisfy the requirement to bring suit within one year for the purposes of the Rule in other forums. Thus, Monjasa's claims (except those in Tunisia, if successful) are time-barred.

Court Disposition

Summary judgment granted in part for the claimant; declaration to be agreed by parties.

Orders

  • All of Monjasa’s claims against Owners are subject to Article III Rule 6.
  • Save for any claim being pursued in the Tunisian Proceedings, to the extent that those proceedings continue to a judgment in Monjasa’s favour, Monjasa’s claims against Owners are extinguished by operation of Article III Rule 6.