AP MOLLER-MAERSK A/S v SONAEC VILLAS CEN SAD FADOUL AND OTHERS

[2010] Lloyd's Rep Plus 94

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Christopher Clarke

Carriage of goods by sea - Jurisdiction - Straight bill of lading containing exclusive English jurisdiction clause - Shipper surrendering bill to carrier in return for new bill naming different consignee - Carrier delivering goods to consignee named in new bill - Whether shipper entitled to agree with carrier to terminate original contract of carriage - Consignee under original bill bringing proceedings against carrier in Benin -Whether jurisdiction clause survived termination of contract of carriage - Whether consignee in breach of exclusive jurisdiction clause - Whether consignee's rights under original bill ceased to exist on surrender of bill - Carrier applying for summary judgment - Whether court had jurisdiction to make declarations sought - Carriage of Goods by Sea Act 1992.