Schiffahrtsgesellschaft Detlef Von Appen GmbH v Wiener Allianz Versichrungs GmbH and Anr (The “Jay Bola”) - Court of Appeal (The Vice-Chancellor, Hobhouse and Morritt LJJ) - 16 April 1997

Jurisdiction - Insurers bringing subrogated cargo claim against disponent owners in Brazil - Whether in breach of arbitration clause in contract of carriage - Whether disponent owners entitled to serve insurers out of jurisdiction so as to claim injunction restraining continuation of Brazilian proceedings

Cargoes of steel reinforcing bars were loaded on board the vessel Jay Bola at San Sebastiao, Brazil for carriage to Thailand under bills of lading which were governed by English law. The vessel was subject to a time charter on the NYPE form which contained a London arbitration clause. The time-charterers had sub-chartered the vessel to voyage-charterers for the carriage of the steel bars. The sub-charter was governed by English law and incorporated a clause paramount and a London arbitration clause.