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Lloyd's Maritime Law Newsletter

The Traugutt - Q.B.D. (Adm.Ct.) (Sheen J.) - 13 February 1984

Forum non conveniens - Whether more appropriate to litigate in country of law governing contract

The plaintiffs owned cargo which was shipped onboard the vessel Traugutt at Antwerp. The cargo was damaged by fire while the vessel was waiting to discharge at Karachi. The relevant bill of lading incorporated the Hague Rules and provided that all disputes should be decided in Poland according to Polish law, unless the cargo was shipped from a Belgian port, in which case Belgian Maritime Law was to apply. The plaintiffs brought an action in rem against a sister ship in England.

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