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Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd

The Court of Appeal handed down judgment today dismissing an appeal against a decision of Christopher Clarke J rejecting the Appellants' challenge to English jurisdiction ([2011] 1 WLR 2575).  The background to the decision is a claim by Golden Ocean under an alleged guarantee for about US$57 million arising out of the alleged repudiation of a long term charter, with a claim in the alternative against the 2nd Appellant, Mr Salgaocar, for breach of warranty of authority to conclude contracts on behalf of the charterers and guarantor.  The decision is of interest for its detailed examination of what constitutes a signed agreement in writing sufficient to satisfy s. 4 of the Statute of Frauds 1677.  The Court of Appeal also considered, contrary to the judge below, that applying either article 3 or 4 of the Rome Convention the implied contract of warranty of authority was governed by English law as a contract ancillary to the principal contracts of charter and guarantee which were also governed by English law.

Timothy Young QC and Daniel Bovensiepen for the Respondent

Charles Kimmins QC and Luke Pearce for the 2nd Appellant

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