SIDERIDRAULIC SYSTEMS SPA AND ANOTHER v BBC CHARTERING & LOGISTIC GMBH & CO KG (THE “BBC GREENLAND”)

[2012] 1 Lloyd's Rep. 230

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Andrew Smith

Carriage of goods by sea — Jurisdiction — Loss of cargo carried on deck — Carrier bringing proceedings for declaration of non-liability in American courts on basis that US COGSA applied — Cargo interests seeking anti-suit injunction on basis of London arbitration clause in bill of lading — Whether dispute to be determined by London arbitration or by US courts — Whether Hague-Visby Rules applicable — Whether lost cargo was “deck cargo” — Whether parties agreed on United States jurisdiction — Hague-Visby Rules, article 1(c).