Maritime Insurance Co Ltd v M/V ‘Sea Harmony’ and Ors - US District Court (SDNY)(Stein DJ) - 29 April 1998

Carriage of goods by sea - Whether non-party to contract of carriage bound by exclusive jurisdiction clause by reason of Himalaya Clause

The plaintiff cargo interests brought proceedings against the vessel Sea Harmony in rem and other defendants in personam After the container containing the cargo had been discharged it had been turned over to the defendant Exolgan SA (‘Exolgan’). Subsequent to the delivery of the container by Exolgan to a consignee a few days later, it was discovered that part of the cargo was either damaged or missing. The relevant bill of lading contained a Himalaya Clause.