QUEENS BENCH DIVISION
COMMERCIAL COURT
Strand, London, WC2A 2LL |
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B e f o r e :
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MORA SHIPPING INC. of Monrovia, Liberia |
Claimant |
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(1) AXA CORPORATE SOLUTIONS ASSURANCE S.A. (2) LE CONTINENT S.A. (3) BELGIAN MARINE INSURERS S.A. (4) FORTIS CORPORATE INSURANCE N.V. (5) WINTERTHUR SCHWEIZERISCHE VERSICHERUNGS-GESCHELLSCHAFT (6) GENERALI ASSURANCES GENERALES |
Defendants |
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Mr A. W. Baker (instructed by Ince & Co) for the Defendants
Hearing date: 25th February 2005
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Crown Copyright ©
The Hon Mr Justice Langley :
The Application
The Average Guarantee
"In consideration of delivery in due course of the goods specified below to the consignees thereof without collection of a deposit, we, the undersigned insurers, hereby undertake to pay to the shipowners or to the Average Adjusters, Richards Hogg Lindley Limited, on behalf of the various parties to the adventure as their interests may appear, any contribution to General Average … which may hereafter be ascertained to be legally due in respect of the said goods. We further agree:
(a) to make a payment on account of such sum as is duly certified by the average adjusters to be properly payable in respect of the goods and which is legally due ….
(b) to furnish to the said Average Adjusters at their request all information which is available to us relative to the value and condition of the said goods.
(c) that any period of prescription … shall commence to run from the date on which the general average adjustment is issued."
The emphasis is mine. The words underlined give rise to the issue on jurisdiction.
The Adjustment
The Proceedings
The Issue
"A person domiciled in a Member State may, in another Member State, be sued:
in matters relating to a contract in the courts for the place of performance of the obligation in question."
The Submissions of the Defendants
The Claimant's Submissions
The Evidence
Construction
The Subsidiary Point