NATIONAL NAVIGATION CO v ENDESA GENERACION SA (THE “WADI SUDR”)

[2009] 1 Lloyd's Rep. 666

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mrs Justice Gloster

Bill of lading — Arbitration clause — Disputes arising under bill of lading between Egyptian shipowners and Spanish cargo owners — Shipowners bringing court proceedings against cargo owners in England claiming declaration of non-liability and asserting English jurisdiction based on English law and London arbitration clauses incorporated from relevant charterparty — Whether English court had jurisdiction — Cargo owners obtaining judgment in Spanish courts that arbitration clause not binding on cargo owners — Shipowners bringing separate court proceedings against cargo owners in England for declaration that arbitration clause validly incorporated — Whether English court bound to recognise and enforce Spanish judgment — Whether shipowners entitled to declaration that arbitration clause validly incorporated — Whether shipowners entitled to disclosure of charterparty — Council Regulation (EC) No 44/2001, articles 31, 33 and 34 — Civil Jurisdiction and Judgments Act 1982, section 32.