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Lloyd's Maritime Law Newsletter

Baghlaf Al Safer Factory Co BR for Industry Ltd v Pakistan National Shipping Co - Court of Appeal (Phillips, Waller and Chadwick LJJ) - 11 December 1997

Exclusive foreign jurisdiction clause - Cargo owners bringing proceedings in England - Shipowners applying for stay -Relevance of time-bar in foreign jurisdiction

The bills of lading contained an exclusive jurisdiction clause which provided for the contract to be governed by the law of the place where the carrier had his principal place of business, and disputes determined at that place. The shipowners’ principal place of business was Pakistan. In Pakistan the Hague Rules (with their lower package limitation limit) would have applied, whereas in England the Hague-Visby Rules were applicable.

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