CH OFFSHORE LTD V PDV MARINA SA AND OTHERS

[2015] EWHC 595 (Comm), Queen's Bench Division, Commercial Court, Mrs Justice Carr DBE, 12 March 2015

Procedure - Jurisdiction - Gateway jurisdiction - Second defendant joining third defendant to proceedings - Whether third defendant a necessary and proper party to the proceedings - Whether jurisdiction clause exclusive - Setting aside - Civil Procedure Rules, 6.36 and 6.37

The claimant had chartered two anchor handling tugs to the first defendant. The first defendant and the second defendant entered into a "Protocol of Assignment" in respect of the tugs. The second defendant supplied the tugs under a "Services Contract" to P, a wholly owned subsidiary of the same Venezuelan state-owned company as the first defendant. The services contract contained a jurisdiction clause for a Venezuelan court, which the parties agreed was the wrong court for a maritime claim and for a state-owned company. The second defendant contended that, in the event that it was liable to the claimant in the main action, P was liable to indemnify it pursuant to clause 12 of the services contract and secured P's joinder to the proceedings by a decision by Burton J on 28 March 2014. This was P’s application to set aside service of the claim form.