"Michael S" Evryalos Maritime Ltd v China Pacific Insurance Co Ltd (The "Michael S") - QBD (Com Ct)(Colman J) - 20 December 2001

Carriage of goods by sea - Whether London arbitration clause in charterparty incorporated into bills of lading referring to CONGENBILL Edition 1994 - Whether shipowners entitled to rely on London arbitration clause to restrain proceedings brought by cargo interests in China

The vessel Michael S was chartered under a trip time charter containing a London arbitration clause. The insurers of the endorsees and receivers of a cargo of sulphur alleged that the cargo had been damaged during the course of carriage between Abu Dhabi and Nanjing as a result of the unseaworthiness of the vessel. The insurers brought a subrogated claim against the shipowners in the Wuhan Maritime Court, China.