Viscous Global Investment Ltd v Palladium Navigation Corporation "Quest"

Viscous Global Investment Ltd v Palladium Navigation Corporation "Quest"

The arbitration clause in the Letter of Undertaking was intended to and did replace the charterparty arbitration clauses incorporated into the bills of lading, conferring jurisdiction on the appointed tribunal over all claims, regardless of amount.

Parties
Claimant: Viscous Global Investment Limited; Defendant: Palladium Navigation Corporation
Jurisdiction
England and Wales
Judgment Date
30 July 2014
Procedural Posture
Commercial Arbitration Application / Judgment on Section 32 Application
Outcome
Claimant validly commenced arbitration; tribunal has jurisdiction over all claims under the bills of lading.
Legal Topics
Arbitration Clause Construction, Variation and Replacement of Dispute Resolution Agreements, Jurisdiction of Arbitral Tribunal, Letter of Undertaking, Incorporation of Charterparty Terms
Arbitration Commercial Law Shipping Law Arbitration Clause Construction Variation and Replacement of Dispute Resolution Agreements Jurisdiction of Arbitral Tribunal Letter of Undertaking Incorporation of Charterparty Terms

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Parties

Viscous Global Investment Limited

Claimant

Palladium Navigation Corporation

Defendant

Procedural Posture

Commercial Arbitration Application / Judgment on Section 32 Application

Legal Issues

  1. 1 Whether the arbitration clause in the P&I Club Letter of Undertaking replaced the arbitration clauses incorporated into the bills of lading
  2. 2 Whether the arbitral tribunal has jurisdiction over all claims under the bills of lading

Ratio Decidendi

The arbitration clause in the Letter of Undertaking was intended to and did replace the charterparty arbitration clauses incorporated into the bills of lading, conferring jurisdiction on the appointed tribunal over all claims, regardless of amount.

Court Disposition

Claimant validly commenced arbitration; tribunal has jurisdiction over all claims under the bills of lading.

Orders

  • Section 32 application granted; tribunal confirmed to have jurisdiction over all claims.