Star Reefers Pool Inc v JFC Group Co Ltd - QBD (Comm Ct)(Andrew Smith J) - 11 February 2011

(2011) 824 LMLN 3

Conflict of laws - Jurisdiction - Applicable law of contract - Claimant owners bringing claim against Russian guarantor of charterparty expressly governed by English law - Guarantor not party to charterparty - Guarantee not providing for any express choice of law - Whether good arguable case that guarantee governed by English law - Whether English court appropriate forum

By two charterparties concluded in April and July 2008 the claimant owners, a Cayman Islands company, chartered three of their vessels to Kalistad Ltd, a Cypriot company. The charterparties contained a London arbitration clause and provided that English law should apply. The charterparties also provided that Kalistad’s obligations were to be guaranteed by the defendant, a Russian company in the business of importing and distributing fruit in Russia. Kalistad was a company through which the defendant imported fruit to Russia.