15 May 2006
THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "YAOKI" v. THE OWNERS OF AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “YAOKI” AND THE SHIPS OR VESSELS LISTED IN SCHEDULE HERETO
- Citation
- THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "YAOKI" v. THE OWNERS OF AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “YAOKI” AND THE SHIPS OR VESSELS LISTED IN SCHEDULE HERETO
- Court
- Court of First Instance
- Case number
- HCAJ134/2005
The Court held the Bill of Lading incorporated the head Time Charter rather than the Voyage Charter because the shipowner was party to both the B/L and the Time CP, mandatory clauses in the Time CP (paramount and export restriction clauses) exactly matched clauses in the B/L, and the arbitration clause appeared expressly on the front and back of the B/L manifesting a clear intention to arbitrate; accordingly the arbitration clause in the B/L was binding and a mandatory stay of Hong Kong proceedings was ordered (the judge further held that even if the Voyage CP had been incorporated the expres…