Welex AG v Rosa Maritime Ltd

Welex AG v Rosa Maritime Ltd

Permission to appeal was granted because the issues regarding the incorporation of the arbitration clause into the bill of lading, the availability of security in London arbitration, and the exercise of discretion in granting the anti-suit injunction raised important and arguable points of law deserving further consideration.

Parties
Applicant: Welex AG; Respondent: Rosa Maritime Limited
Jurisdiction
England and Wales
Judgment Date
14 January 2003
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Incorporation of Arbitration Clauses, Anti Suit Injunctions, Jurisdictional Disputes, Bills of Lading
Arbitration Shipping Law Civil Procedure Incorporation of Arbitration Clauses Anti Suit Injunctions Jurisdictional Disputes Bills of Lading

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Welex AG

Applicant

Rosa Maritime Limited

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the fixture terms, including a London arbitration clause, were incorporated into the bill of lading despite the absence of a written charter party at the time of issue
  2. 2 Whether the anti-suit injunction to restrain proceedings in Poland was properly granted given uncertainty about the availability of security in London arbitration
  3. 3 Whether the discretion to grant an anti-suit injunction was properly exercised in light of the applicant's lack of knowledge of the arbitration clause

Ratio Decidendi

Permission to appeal was granted because the issues regarding the incorporation of the arbitration clause into the bill of lading, the availability of security in London arbitration, and the exercise of discretion in granting the anti-suit injunction raised important and arguable points of law deserving further consideration.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted