18 Nov 2011
A.O. SMITH ELECTRICAL PRODUCTS (CHANGZHOU) CO LTD AND OTHERS v. BLUE ANCHOR LINE AND OTHERS
- Citation
- A.O. SMITH ELECTRICAL PRODUCTS (CHANGZHOU) CO LTD AND OTHERS v. BLUE ANCHOR LINE AND OTHERS
- Court
- Court of First Instance
- Case number
- HCAJ198/2009
The LOU constituted submission to Hong Kong jurisdiction and procedural law only; the Waybills, read as a whole, expressly make carriage involving US ports subject to US COGSA (cls.7(2) and 26(2)), thereby excluding the PRC Maritime Code in that situation; consequently US COGSA limits apply to these carriages. However, had PRC law been compulsorily applicable the PRC Maritime Code would override any lower US COGSA limit.