- -

Atlantic Cement Carriers Ltd. v. Atlantic Towing Ltd., 2002 FCT 761

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

This was an application by a tug owner to stay proceedings commenced in the Federal Court by the owner of a barge for damages sustained because of the sinking of the barge and for an indemnity for any amounts the barge owner might be required to pay to the owner of the cargo on board the barge at the time …

Full Summary
- - -

Encan Liquidation v. Transintra Canada, 2000 CanLII 16598

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

This was an application by the Defendant carrier to stay a Third Party claim brought against it by a co-Defendant, the freight forwarder of the Plaintiff cargo owner, on the basis of a jurisdiction clause in the bill of lading. The Court noted that the bill of lading was a contract between the carrier and the "Merchant" as defined. The …

Full Summary
- -

Hyundai Merchant Marine Co. Ltd. v. Anraj Fish Products Industries Ltd. et al., 2000 CanLII 15628

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

This was an appeal from an order of a Motions Judge in which the Motions Judge overturned the order of a Prothonotary staying the action on the grounds of a jurisdiction clause in the bill of lading selecting Korea as the appropriate jurisdiction. The Federal Court of Appeal stated that the standard of review on an appeal of this sort, …

Full Summary
-

Texserv Inc. v. Incon Container USA Ltd., 2000 CanLII 22371

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

This was an application by the Defendant carrier to stay proceedings on the basis of a jurisdiction clause in the bill of lading requiring actions to be commenced in Florida. The Court declined the stay on the basis that the contract of carriage was effected before the bill of lading was issued, the Plaintiff was not aware of the jurisdiction …

Full Summary
-

Cerco Industries Ltd. v. The OOCL Canada, Vancouver Registry No.C990101 (B.C.S.C.)

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

This was an application for a stay of proceedings based on a jurisdiction clause in the bill of lading in favour of Belgium. The court noted that a stay should be ordered unless the Plaintiff showed "strong cause" for not doing so and that the "strong cause" the Plaintiff must show goes beyond mere balance of convenience. The court further …

Full Summary
- -

Itochu Canada Ltd. v. The "Fu Ning Hai", 1999 CanLII 8532

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

This was an application for a stay of proceedings based on a Korean jurisdiction clause in the bill of lading. The stay was refused. The factors that led the court to deny the stay were many. First, the proceeding was against multiple Defendants, only one of whom requested the stay. The court considered that a stay would result in a …

Full Summary
-

Town Shoes Limited v. Panalpina Inc. et al., 1999 CanLII 8326

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

This case concerned the theft of a container of shoes carried by the Defendants from Italy to Montreal. The theft occurred at a Montreal warehouse. The Defendants brought this motion to stay the proceedings pursuant to a law and jurisdiction clause in the bill of lading that provided for the exclusive jurisdiction of the Court of Hamburg and the application …

Full Summary
-

Mitsui & Co. v. The "Evelyn", 1998 CanLII 5872 (BC SC)

In Admiralty Practice, Stays of Proceedings on (Updated )

This was an application to stay proceedings in British Columbia in favour of Japan. The action was for damage to a cargo of coils shipped from Japan to British Columbia. The Defendants relied upon a jurisdiction clause in the bills of lading selecting the Tokyo District Court as the appropriate forum. The motions judge followed well established case law to …

Full Summary
- - -

Transcontinental Sales Inc. v. Zim Container Service, 1997 CanLII 6103 (CF)

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

This was a motion for a stay of proceedings on the grounds that a jurisdiction clause in the bills of lading required any disputes to be brought in Israel. The Plaintiff argued that countless claims between the parties in the past had been resolved in Canada and that the Defendant was only seeking procedural advantages. The Court, nevertheless, ordered that …

Full Summary
- - - -

Sarabia v. The Oceanic Mindoro, 1996 CanLII 1537 (BC CA)

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

In this matter a seaman was injured while his ship was at Vancouver. His employment contract provided that all actions arising out of or by virtue of the contract were to be heard by the Courts of the Philippines. The issue in the case was whether this wording was wide enough to include claims in negligence against the shipowner. At …

Full Summary