The Atlantic Song - Q.B.D. (Adm.Ct.) (Sheen J.)

Exclusive jurisdiction clause but action not stayed

The plaintiff cargo owners claimed damages from the defendant owners of the vessel Trotter in respect of alleged damage to a cargo of cars being carried from Southampton to Yokohama. As security for the claim, the plaintiffs detained the defendants’ vessel Atlantic Song when she came to the United Kingdom. The vessel was subsequently released against a P & I Club letter of undertaking. The defendants now applied for the action to be stayed on the ground that the bill of lading included a clause that any dispute arising thereunder should be decided in the Swedish Courts.