AP Moller-Maersk A/S (t/a "Maersk Line") v Sonaec Villas Cen Sad Fadoul & Ors

AP Moller-Maersk A/S (t/a "Maersk Line") v Sonaec Villas Cen Sad Fadoul & Ors

The English High Court has exclusive jurisdiction over disputes arising under the First Bill of Lading by virtue of clause 26, and any rights the defendants may have had under the First Bill were extinguished when it was surrendered and replaced prior to 18 February 2008.

Parties
Claimant: A. P. MOLLER-MAERSK A/S (trading as “Maersk Line”); Defendant: Sonaec Villas Cen Sad Fadoul; Defendant: Sonaec SA (also known as “Societe SONAEC”); Defendant: Zouhair Michel Fadoul
Jurisdiction
England and Wales
Judgment Date
26 February 2010
Procedural Posture
Commercial / Summary Judgment Application
Outcome
Summary judgment granted in part
Legal Topics
Bills of Lading, Sea Waybill, Exclusive Jurisdiction Clause, Summary Judgment
Shipping Carriage of Goods by Sea Jurisdiction Bills of Lading Sea Waybill Exclusive Jurisdiction Clause Summary Judgment

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Parties

A. P. MOLLER-MAERSK A/S (trading as “Maersk Line”)

Claimant

Sonaec Villas Cen Sad Fadoul

Defendant

Sonaec SA (also known as “Societe SONAEC”)

Defendant

Zouhair Michel Fadoul

Defendant

Procedural Posture

Commercial / Summary Judgment Application

Legal Issues

  1. 1 Whether the English High Court has exclusive jurisdiction under the First Bill of Lading
  2. 2 Whether the defendants have any subsisting rights under the First Bill of Lading

Ratio Decidendi

The English High Court has exclusive jurisdiction over disputes arising under the First Bill of Lading by virtue of clause 26, and any rights the defendants may have had under the First Bill were extinguished when it was surrendered and replaced prior to 18 February 2008.

Court Disposition

Summary judgment granted in part

Orders

  • Declaration that all disputes under the First Bill of Lading are to be determined by the English High Court of Justice in London to the exclusion of other courts.
  • Declaration that any rights the first two defendants may have had under the First Bill of Lading ceased prior to 18 February 2008 when the Bill was cancelled and replaced.