DHL Global Forwarding (Canada) Inc v CMA-CGM SA – Fed Ct (Morneau P) – 23 May 2013

Practice – Conflict of laws – Bills of lading containing exclusive French jurisdiction clause – Carrier bringing proceedings in France seeking payment of demurrage and storage charges from freight forwarder – Freight forwarder bringing proceedings in Canada for negative declaration – Whether Canadian proceedings should be stayed – Whether freight forwarder bound by bill of lading

Between 23 December 2010 and 24 February 2011 the claimant, DHL, made a series of bookings with CMA-CGM Canada for the transportation of 68 containers from Halifax to Ho Chi Minh City. CMA-CGM Canada issued a series of booking confirmations.