MARC RICH & CO. A.G. v. SOCIETA ITALIANA IMPIANTI P.A. (THE “ATLANTIC EMPEROR”)

[1989] 1 Lloyd's Rep. 548

COURT OF APPEAL

Before Lord Justice Lloyd and Sir Roger Ormrod

Sale of goods (f.o.b) - Application to set aside - Arbitration clause - Plaintiffs alleged damage to cargo - Defendants denied liability - Whether contract contained arbitration clause - Whether dispute should be resolved in Italy - Whether proper law of contract English - Whether application to set aside leave to serve out of jurisdiction should be granted - Whether the Convention scheduled to the Civil Jurisdiction and Judgments Act, 1982 applied.