SIDERIDRAULIC SYSTEMS SPA AND ANOTHER v BBC CHARTERING & LOGISTIC GMBH & CO KG (THE "BBC GREENLAND")

[2012] Lloyd's Rep Plus 8

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Andrew Smith

Carriage of goods by sea - Jurisdiction - Loss of cargo carried on deck - Carrier bringing proceedings for declaration of non-liability in American courts on basis that US COGSA applied - Cargo interests seeking anti-suit injunction on basis of London arbitration clause in bill of lading - Whether dispute to be determined by London arbitration or by US courts - Whether Hague-Visby Rules applicable - Whether lost cargo was "deck cargo" - Whether parties agreed on United States jurisdiction - Hague-Visby Rules, article 1(c).