Not always what it seems to be

The B/L foreign forum clause in China

Patrick Wang, regional vice-president, Skuld, Hong Kong

It is fair to say it is not always a bad experience for foreign shipowners or charterers to litigate in China. It is perhaps equally true to say neither is it particularly attractive to refer disputes before a Chinese court. Therefore when a foreign carrier was taken before a Chinese court by a claimant in China, the first thing he might wish to find out was whether he could effectively dispute the Chinese jurisdiction or the exercise of Chinese jurisdiction.