O let their vessel to C on a time charter. Pursuant to orders, the vessel loaded a cargo of rice at Bangkok for carriage to the Soviet Union. The bills of lading contained a clause providing that all disputes would be determined were the carrier had his principal place of business. P brought a cargo claim for short delivery. D sought a stay on the grounds that the parties had agreed to litigate all disputes in India.
Held: that 1) P had not shown strong cause that the proceedings should remain in England; neither party nor the dispute had any connection with England and 2) The fact that there was likely to be a delay if the matter litigated in India could not be relied upon by P since all the day to date was of P’s making and 3) the fact that P’s claim might be time-barred in India was not decisive.
Sheen J
[198] 1 Lloyd’s Rep 344
England and Wales
Updated: 17 October 2021; Ref: scu.653204