CLASSIC MARITIME INC v LION DIVERSIFIED HOLDINGS BERHAD AND ANOTHER

[2010] Lloyd's Rep Plus 1

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Cooke

Practice - Summary judgment - Contract of Affreightment containing arbitration agreement - Parent company guaranteeing charterers' obligations - Guarantee containing non-exclusive English jurisdiction clause - Claimant bringing proceedings against guarantors and charterers for breach of COA - Whether arbitration agreement in COA ousted by terms of guarantee - Whether charterers entitled to stay pending arbitration - Whether guarantor entitled to stay on case management grounds - Whether claimant entitled to summary judgment against guarantor - Whether guarantee void for past consideration - Whether guarantor had realistic prospect of defending claim based on frustration or force majeure - Arbitration Act 1996, section 9 - CPR 24.