Mahavir Minerals Ltd v Cho Yang Shipping Co Ltd (The ”MC Pearl”) - QBD (Admlty Ct)(Rix J) - 25 February 1997

Whether English action should be stayed on basis of foreign jurisdiction clause - Relevance of limitation defence in foreign jurisdiction

During the course of a voyage from Kandla in India to Dubai it was alleged that the container vessel MC Pearl developed a list and lost 12 containers overboard. Salvage services were subsequently provided to the vessel. The cargo owners brought an action against the carriers in England alleging that the casualty was due to the vessel’s unseaworthiness in that she began her voyage in a tender condition with very low stability, and that her ballast tanks were corroded and common with one another.