Jurisdiction: effect of assignment

The decision of Teare J in Cockett Marine Oil DMCC v ING Bank NV [2019] EWHC 1533 (Comm) discusses a series of jurisdictional questions. The most important was if the question of whether there had been a valid assignment of the claimant’s rights went to jurisdiction, and so could be challenged under section 67 of the Arbitration Act 1996.

CM(Dubai) purchased bunkers from OW Malta for supply to the vessel Ziemia Cieszysnka and CM Asia purchased bunkers from OW Middle East for supply to the vessel Manifesto. The bunkers were supplied on 10 and 11 October 2014 respectively. OW Bunker Group ("OWBG")’s standard terms at the time of the contracts provided for disputes to be resolved by arbitration in London.