Lloyd's Maritime Law Newsletter
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.