National Navigation Co v Endesa Generacion SA (The “Wadi Sudr”) – Court of Appeal (Waller, Carnwath and Moore-Bick LJJ) – 17 December 2009

Conflict of laws – Issue estoppel – Cargo dispute between Spanish cargo owners and Egyptian shipowners – Shipowners contending that relevant bill of lading incorporated charterparty arbitration clause – Spanish court determining that arbitration clause not incorporated – Shipowners bringing proceedings in Commercial Court for declaration that arbitration clause incorporated – Whether English court obliged to recognise and enforce Spanish court judgment

In January 2008 the vessel Wadi Sudr discharged a cargo of coal at Carboneras, Spain, some way short of the contractual port of discharge stated in the bill of lading under which it was being carried. A dispute arose between the Spanish cargo owners (“Endesa”) and the Egyptian shipowners (“NNC”). On 23 January Endesa applied to the Spanish courts for a warrant to arrest the vessel.