Lloyd's Shipping & Trade Law
Compania Sud Americana de Vapores SA v Hin-Pro International Logistics Ltd [2016] HKCFA 79
Mareva injunctions in Hong Kong. In 2012 Hin-Pro shipped goods for carriage to Venezuela from various ports in the People's Republic of China (the PRC) under bills of lading issued by CSAV. Hin-Pro commenced proceedings against CSAV before various PRC courts, alleging that the cargoes were wrongly delivered in Venezuela, without production of the bills of lading.
All the bills of lading
contained a clause 23 relating to law and jurisdiction, providing inter alia:
“This Bill of Lading and any claim arising hereunder shall be subject to
English law and the jurisdiction of the English High Court of Justice in
London. If, notwithstanding the foregoing, any proceedings are commenced in
another jurisdiction, such proceedings shall be referred to ordinary courts of
law”.