Classic Maritime Inc v Lion Diversified Holdings Berhad and Anr – QBD (Com Ct) (Cooke J) – 21 May 2009

Practice – Summary judgment – Claimant bringing proceedings against guarantors and against charterers for breach of Contract of Affreightment – COA containing arbitration clause – Guarantee containing submission by guarantor to jurisdiction of English courts – Whether arbitration agreement varied by guarantee – Whether charterers entitled to stay – Whether guarantor entitled to stay – Whether claimant entitled to summary judgment against guarantor – Whether guarantee void for past consideration – Whether realistic prospect of defending claim based on frustration or force majeure

The claimant (“Classic”) brought an action against the first defendant (“Lion”) under a written guarantee dated 28 August 2008 by which it guaranteed the obligations of its subsidiary, the second defendant (“Limbungan”), under a Contract of Affreightment (“COA”).