(1) ICL SHIPPING LTD. (2) STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD. v. CHIN TAI STEEL ENTERPRISE CO. LTD. AND OTHERS (THE “ICL VIKRAMAN”) [2003] EWHC 2320 (Comm)

[2004] 1 Lloyd's Rep. 21

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Justice Colman

Bill of lading - Limitation of liability - Vessel and cargo lost after collision at sea - Cargo owner arrested sister ship in Singapore - Singapore not a party to Convention on the Limitation of Liability for Maritime Claims, 1976 - Sister ship released against provision of security by P. & I. Club in terms settled by Singapore Court - Cargo owners commenced arbitration proceedings in England pursuant to London arbitration clause incorporated into bill of lading - Whether shipowners entitled to constitute limitation fund in England - Whether “legal proceedings” in art. 11 of 1976 Convention included arbitration proceedings - Whether Court had jurisdiction to serve limitation proceedings on cargo claimant out of jurisdiction - Whether Art. 13.2 conferred jurisdiction on English Court to release security within jurisdiction of non-party state - Whether security provided in present case was within jurisdiction of Singapore or England - Whether limitation fund “actually available” notwithstanding that no limitation decree made at time injunction granted - Construction of arts. 11 and 13 of 1976 Convention and CPR 61.11(5)(c).