Applicant, a Singaporean charterer, was the carrier of the cargo. At the port of discharge, the consignee found the cargo damaged and sued Respondent, a Libyan shipowner, for cargo damage. Respondent settled the cargo claim and commenced LMAA arbitration against Applicant, which in turned sued the Chinese consignee in the court. When there came the arbitration awards, Applicant applied to the court for recognition. The court held that though both Applicant and Respondent were foreigners, which did not have material assets or place of business in China, Applicant was entitled to make and the court had jurisdiction to hear the application, as the LMAA arbitration was connected with an on-going Chinese lawsuit and the arbitration award had impacts on the outcome of the Chinese litigation case; the arbitration award should be recognised as per the provisions of the New York Convention.

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CHINA LAND SHIPPING PTE. LTD. v. CONOR SHIPPING COMPANY LIMITED

  • Martin Davies,
  • Jiang Lin

摘要

Applicant, a Singaporean charterer, was the carrier of the cargo. At the port of discharge, the consignee found the cargo damaged and sued Respondent, a Libyan shipowner, for cargo damage. Respondent settled the cargo claim and commenced LMAA arbitration against Applicant, which in turned sued the Chinese consignee in the court. When there came the arbitration awards, Applicant applied to the court for recognition. The court held that though both Applicant and Respondent were foreigners, which did not have material assets or place of business in China, Applicant was entitled to make and the court had jurisdiction to hear the application, as the LMAA arbitration was connected with an on-going Chinese lawsuit and the arbitration award had impacts on the outcome of the Chinese litigation case; the arbitration award should be recognised as per the provisions of the New York Convention.