AP MOLLER-MAERSK A/S v SONAEC VILLAS CEN SAD FADOUL AND OTHERS

[2011] 1 Lloyd's Rep. 1

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Christopher Clarke

Carriage of goods by sea — Jurisdiction — Straight bill of lading containing exclusive English jurisdiction clause — Shipper surrendering bill to carrier in return for new bill naming different consignee — Carrier delivering goods to consignee named in new bill — Whether shipper entitled to agree with carrier to terminate original contract of carriage — Consignee under original bill bringing proceedings against carrier in Benin — Whether jurisdiction clause survived termination of contract of carriage — Whether consignee in breach of exclusive jurisdiction clause — Whether consignee’s rights under original bill ceased to exist on surrender of bill — Carrier applying for summary judgment — Whether court had jurisdiction to make declarations sought — Carriage of Goods by Sea Act 1992.