Eastern Pacific Chartering Inc v Pola Maritime Ltd (The “Pola Devora”) – QBD (Comm Ct) (Patricia Robertson QC sitting as a Deputy Judge of the High Court) [2021] EWHC 1707 (Comm) – 28 June 2021

Conflict of laws – Jurisdiction – Charterparty containing exclusive English jurisdiction clause – Owners claiming balance of hire and arresting different vessel in Gibraltar as security – Owners subsequently bringing substantive proceedings in England – Charterers counterclaiming damages for wrongful arrest – Whether tort claims fell within jurisdiction clause – Whether lis alibi pendens – Whether actions related – Whether English court should decline jurisdiction over tort counterclaim – Brussels Convention 1968, articles 17, 21 and 22

Disputes arose between the claimant owners and the defendant charterers arising out of a time charterparty of the vessel Divinegate. The charterparty contained a jurisdiction clause which provided that “any dispute arising out of or in connection with this Charter” should be submitted to the exclusive jurisdiction of the High Court in England and Wales.