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Argos Pereira Espana SL and Another v Athenian Marine Ltd (The “Frio Dolphin”) – QBD (Comm Ct) (Sir Michael Burton, sitting as a High Court Judge)  EWHC 554 (Comm) – 10 March 2021
Carriage of goods by sea – Cargo found defective on arrival – Contract of carriage containing London arbitration clause – Subrogated cargo insurers bringing foreign court proceedings against third party – Third party sustaining irrecoverable costs – Whether cargo insurers liable in principle to pay equitable compensation to the carrier in respect of third party’s loss – Whether carrier entitled to compensation pursuant to “transferred loss” principle
A shipment of frozen fish and squid carried onboard the vessel
Frio Dolphin was found to suffer from defects on arrival in Vigo, Spain. The bills of lading were governed by English law and contained
a London arbitration clause.
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