EASTERN PACIFIC CHARTERING INC V POLA MARITIME LTD (THE “POLA DEVORA”)

[2021] EWHC 1707 (Comm), Queen's Bench Division, Commercial Court, Patricia Robertson QC, sitting as a High Court Deputy Judge, 28 June 2021

Jurisdiction – Scope of charterparty jurisdiction clause – Disputes to which clause applicable – Meaning of “in connection with” – Claim in tort arising out of alleged wrongful arrest – CPR 11.1 and 3.4(2) – Arrest Convention 1952, articles 4, 6, 7 – Brussels Convention 1968, articles 4, 17, 18, 21, 22, 24 – Civil Jurisdiction and Judgments Act 1982, Schedule 1 – Civil Jurisdiction and Judgments Act 1982 (Gibraltar) Order 1997 (SI 1997 No 2602)

Out of a charterparty between the parties for the claimant’s vessel Divinegate, a dispute had arisen as to hire allegedly owed by the defendant. The claimant had on 2 July 2020 arrested the vessel Pola Devora in Gibraltar as security for its claim to be litigated in England and Wales under the charterparty’s exclusive jurisdiction clause. The vessel was released on 6 July 2020 when the defendant provided documentary support for its position that it was only the time charterer of that vessel. On 4 August 2020, the claimant brought proceedings in London for the hire claim. The defendant submitted a defence and counterclaim, notably for present purposes a counterclaim in tort in respect of wrongful arrest of Pola Devora. The claimant now sought a declaration that the court did not have jurisdiction over the counterclaim. The jurisdiction clause provided for English law and jurisdiction for “any dispute arising out of or in connection with” the charter.