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Lloyd's Maritime Law Newsletter

Cordoba Shipping Co. Ltd. v. National State Bank, Elizabeth, New Jersey (The Albaforth) - Ct. of Appeal (Ackner & Robert Goff L.JJ.) - 29 March 1984

Tort committed in England - Discretion to serve proceedings out of jurisdiction

Cordoba owned the vessel Albaforth. On 5 September 1979 the owners chartered the vessel to a Liberian company. The fixture was negotiated and concluded in London on the NYPE form. The charterparty provided that disputes should be settled by arbitration in New York. Prior to concluding the charterparty, the shipowners were given a “glowing” reference by the defendant bank on the American company which was to guarantee the charterers’ obligations under the charterparty. This reference was received by the owners’ agents in London.

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