LEXMAR CORPORATION AND STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD. v. NORDISK SKIBSREDERFORENING AND NORTHERN TANKERS (CYPRUS) LTD.

[1997] 1 Lloyd's Rep. 289

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Colman

Arbitration - Exclusion - Lugano Convention - Dispute under charter-party - Claim made under letters of undertaking given by first defendants - Proceedings brought in Norway by second defendants to enforce two U.S. arbitration awards - Whether claim under letters of undertaking closely related to arbitration so as to be ancillary to it - Whether claim excluded from operation of the Lugano Convention by art. 1(4) - Civil Jurisdiction and Judgments Act, 1982, Schedule, art. 1.4. Practice - Stay of action - Article 22 - Dispute under charter-party - Claim made under letters of undertaking -Exclusive English jurisdiction clause in letters of undertaking - Proceedings brought in Norway by second defendants to enforce two U.S. arbitration awards - Whether art. 17 superseded art. 22 by reason of exclusive jurisdiction clause - Whether English proceedings should be stayed - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 17, 22.