The “Bergen” - QBD (Admlty Ct)(Clarke J) - 20 November 1996

Jurisdiction - Contract of carriage containing exclusive German jurisdiction clause - Vessel arrested in England - Whether English Court required to decline jurisdiction - Interaction between provisions of Civil Jurisdiction Convention and 1952 Arrest Convention

The plaintiff cargo owners claimed damages against the defendant German shipowners in respect of damaged cargo. An issue arose as to jurisdiction. The bills of lading were liner bills and evidenced contracts of carriage from the United States to Scotland. They all incorporated the Hague Rules and contained an exclusive jurisdiction clause which provided that any disputes under the bill of lading should be decided in the country where the carrier had his principal place of business. The defendants’ principal place of business was in Germany.