OT Africa Line Ltd. v. Magic Sportswear Corp., 2006 FCA 284

In Arbitration/Jurisdiction Clauses in Maritime Law on (Updated )

This was a subrogated action by cargo insurers for damages for the short shipment of goods carried from New York to Liberia under a bill of lading that was issued in Canada. The freight was also payable in Canada and the Defendant carrier, although not a Canadian resident, had offices in Canada. None of the Plaintiffs resided in Canada. The …

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Sumisho Reftech Co. Ltd. v. The "Great Pride", 2006 FC 388

In Arbitration/Jurisdiction Clauses in Maritime Law on (Updated )

This was an application to stay proceedings. The underlying matter concerned a contract for the carriage of goods from China to Japan and the parties to that contract were not Canadian residents. The only basis for bringing the action in Canada was that the Defendant COSCO had a Canadian office and the existence of this Canadian subsidiary gave the court …

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Ford Aquitaine Industries SAS et al. v. The "Canmar Pride" et al., 2005 FC 431

In Admiralty Practice, Stays of Proceedings on (Updated )

This action concerned the loss of or damage to several containers carried from LeHavre to Montreal. The damages were estimated at $6 million. The carriage was pursuant to a transportation services agreement which provided for American law and jurisdiction. The carrier under the transportation services agreement was OOCL but OOCL was expressly permitted to subcontract the carriage, which it did, …

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Dongnam Oil & Fats Co. v. Chemex Ltd. et al., 2004 FC 1732

In Arbitration/Jurisdiction Clauses in Maritime Law, In Rem Actions and Arrest on (Updated )

This matter concerned damage to a cargo of bleached tallow to be carried from Newark, New Jersey to Inchon, Korea. The cargo was to be carried on board the ship “Tuapse”. The “Tuapse” was owned by Novoship but chartered under a head charter to Chemex. The head charter provided for London arbitration. The Plaintiff and Chemex entered into a voyage …

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Nestle Canada Inc. v. The "Viljandi" et al., 2003 FCT 28

In Arbitration/Jurisdiction Clauses in Maritime Law on (Updated )

This was an an application for a stay of proceedings on the basis of a jurisdiction clause contained in a bill of lading. The Court refused the stay on the grounds that the action had been commenced after the Marine Liability Act was proclaimed in force (August 8, 2001) and, therefore, the matter was covered by s. 46(1) of the …

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