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Submission to foreign court jurisdiction and the Hague Rule time limits (Golden Endurance Shipping SA v RMA Watanya SA)

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Published on: 23 August 2016

Published by a LexisNexis Dispute Resolution expert

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Article summary

Dispute Resolution analysis: The Commercial Court considered its jurisdiction to determine whether a party has submitted to a foreign court when seeking to rely on an arbitration agreement and whether a challenge to a foreign court’s jurisdiction satisfies the requirements in the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982). In addition, it considered whether a claim for damage to a ship’s cargo, which is brought in a court that applies the Hamburg Rules, counts as a suit for the purpose of the Hague Rules’ time limit? Michael Collett QC, of 20 Essex Street, explains the Commercial Court’s decision in Golden Endurance Shipping v RMA Watanya.

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