WELEX A.G. v. ROSA MARITIME LIMITED (THE “EPSILON ROSA”) [2003] EWCA Civ 938

[2003] 2 Lloyd's Rep. 509

COURT OF APPEAL

Before Lord Justice Brooke, Lord Justice May and Lord Justice Tuckey

Bill of lading - Arbitration clause - Incorporation - Shipment of steel plates from Ukraine to Poland - Recap telex evidencing fixture included arbitration clause - Whether recap telex constituted the charter-party - Whether formal charter executed prior to completion of discharge referable to date prior to bill of lading - Whether arbitration clause incorporated in bill of lading. Arbitration - Arbitration clause - Incorporation - Anti-suit injunction - Earlier proceedings held clause incorporated on assumption English law applied by virtue of art. 8(1) of Rome Convention - Whether claimant could rely on Ukraine or Swiss law to establish it did not consent to incorporation by virtue of art. 8(2) of Rome Convention - Whether defendants entitled to anti-suit injunction to restrain proceedings otherwise than by arbitration.