MVV Environment Devonport Ltd v NTO Shipping GmbH & Co KG MS “Nortrader” (The “Nortrader”) – QBD (Comm Ct) (HHJ Pelling QC sitting as a Judge of the High Court) [2020] EWHC 1371 (Comm) – 4 June 2020

Arbitration – Jurisdiction – Carrier bringing arbitration proceedings against respondent on basis of arbitration clause in bill of lading – Respondent named as shipper in bill of lading – Whether respondent was party to contract of carriage – Whether arbitration tribunal had jurisdiction

On 13 January 2017 an explosion occurred on board the defendant’s vessel Nortrader as a result of which the defendant suffered losses of €676,561.46, €45,000 and US$840. The defendant brought arbitration proceedings against the claimant relying on a London arbitration clause incorporated into the relevant bill of lading, which related to a cargo of waste product carried on the vessel from Plymouth to the Netherlands, and which named the claimant as the shipper.