National Navigation Co v Endesa Generacion SA (The “Wadi Sudr”) – QBD (Com Ct) (Gloster J) – 1 April 2009
Conflict of laws – Jurisdiction – Council Regulation (EC) 44/2001 – Spanish court determining that London arbitration clause in relevant charterparty not incorporated into bill of lading between Egyptian shipowners and Spanish cargo owners and that shipowners had waived right to arbitration – Shipowners bringing English action for declaration that Spanish cargo owners bound by arbitration clause and for disclosure of relevant sub-charter – Whether English court bound to recognise and enforce Spanish court judgment – Civil Jurisdiction and Judgments Act 1982 section 32 – Whether shipowners entitled to disclosure of relevant sub-charter – Whether London arbitration clause binding on cargo owners
(2009) 767 LMLN 1
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Michael Daiches, Barrister
Apr 15 2009

