Rimpacific Navigation Inc v Daehan Shipbuilding Co Ltd (The “Jin Man”) – QBD (Com Ct) (David Steel J) – 24 November 2009
Conflict of laws – Service out of jurisdiction – Guarantees containing English law and jurisdiction clause – Defendant asserting that signatory had no authority to sign guarantees – Whether jurisdiction clause severable – Whether claimant made out good arguable case – Whether claimant entitled to anti-suit injunction
The claimant shipowners chartered their vessels Jin Man and Jin Pu to Daehan Shipping Co Ltd (“the charterers”). Pursuant to the terms of the charterparties, the defendant company provided two letters guaranteeing amounts due by the charterers under the charterparties. Each guarantee was signed by a Mr Oh as “CEO/President” of the defendant, and each guarantee bore what appeared to be an official stamp. Each guarantee contained an English law and exclusive English jurisdiction clause.
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Michael Daiches, Barrister
Dec 9 2009
