SOTRADE DENIZCILIK SANAYI VE TICARET AS v AMADOU LO AND OTHERS (THE “DUDEN”)

[2009] Lloyd's Rep Plus 2

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Jonathan Hirst QC, sitting as a Deputy Judge of the High Court

Carriage of goods by sea – London arbitration clause incorporated into bills of lading – Damage to cargo – Ship arrested in Senegal by cargo owners and insurers – Cargo owners and insurers refusing to accept P&I Club undertaking – Whether cargo owners in breach of arbitration clause – Whether cargo insurers wrongfully induced or conspired with cargo owners to breach arbitration clause – Measure of damages – Identity of carrier – Whether loss sustained by registered owners or bareboat charterers – Whether owners entitled to final anti-suit injunction.