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Caresse Navigation Ltd v Office National de l'Electricite & Others : "Channel Ranger"

In his judgment handed down on 14 October 2013 Males J decided in Caresse Navigation Ltd v Office National de l'Electricite and others that the English Court had jurisdiction to hear the claimant's claim for negative declaratory relief. The principal issue in the case concerned whether or not an English law and jurisdiction clause in a voyage charter had been incorporated into the bill of lading by the words "All terms and conditions, liberties and exceptions of the Charter Party, dated as overleaf, including the Law and Arbitration Clause, are herewith incorporated". Males J held that this was a question of the true construction of the contract and that the intention shown by the words in the bill of lading was to incorporate the voyage charter clause despite the reference to "arbitration" rather than "jurisdiction".

Member of Chambers: Henry Byam-Cook acted for the Claimant (instructed by Holman Fenwick Willan)

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