Lloyd's Maritime Law Newsletter
Beijing Jianlong Heavy Industry Group v Golden Ocean Group Ltd and Others – QBD (Comm Ct) (HHJ Mackie QC sitting as a Judge of the High Court) [2013] EWHC 1063 (Comm) – 1 May 2013
Arbitration – Jurisdiction – Shipowners bringing arbitration proceedings against guarantor of time charterers’ obligations – Guarantee assumed to be unenforceable under English law on public policy grounds – Whether London arbitration clause in guarantee also unenforceable – Whether arbitrators had substantive jurisdiction
The claimant
(Jianlong), a Chinese company, gave written guarantees to the defendant
shipowners (who were respectively Bermudan and Liberian companies) guaranteeing
the charterers’ performance under various time charters. The guarantees contained
London arbitration clauses.