To: Transport Industry Operators
The Hong Kong High Court issued a Judgment on 7/6/2011 explaining the concept of the package limitation of the United States Carriage of Goods by Sea Act. [HCAJ 181/2008]
This was the hearing of preliminary questions of law. The amount at stake in this case being relatively small, it was hoped that the answers to these questions would lead to the speedy resolution of the parties’ dispute.
The forwarders received the cargo interests’ road-working machinery for carriage from Baltimore (USA) to Valencia (Spain). The machinery was damaged when it was being hauled from one dock to another in the course of trans-shipment in Antwerp. There was no dispute that the United States Carriage of Goods by Sea Act (COGSA) applied.
The machinery was shipped “as is”. It was free-standing, neither having been enclosed in some larger case nor placed on top of some form of pallet. The main question was whether the machinery itself constituted a “package” within the meaning of the “per package” limitation in COGSA s.13 and cl.28 of the relevant Bill of Lading.
In the event that the machinery was not “packaged,” COGSA s.13 stipulates a limit “as per customary freight unit”. The subsidiary question was whether, freight having been charged per cubic meter of the machinery, the “customary freight unit” in this case was the cubic meter (as suggested by the cargo interests). The alternative (as suggested by the forwarders) was that the “customary freight unit” was the single unit of the machinery.
The cargo interests claimed damages of about US$53,000. If the machinery was not packaged and if the “customary freight unit” was the cubic meter, the limit imposed by COGSA s.13 would be well above their claim. On the other hand, if the machinery constituted a single package or freight unit, the COGSA limit would be US$500.
Main question: Package?
The forwarders accepted that the machinery was not externally packed or crated in any way. They argued that the machinery was a package, because in the course of shipment it was “folded up for transport”.
In support of their case, the forwarders relied on Fireman’s Fund Ins Co. & Tall Pony Productions Inc v. Tropical Shipping and Constr Co (2001) 254 F 3d 987 (11th Circuit). There the Court held that a mobile stage which was folded up when transported constituted a package within the terms of COGSA. In that case, the stage could be cleverly folded down into a shape which apparently enclosed its machinery. That enclosed space could then be hauled by a trailer.
In the Judge’s view, Fireman’s Fund was clearly distinguishable from the present circumstances.
At the time of the accident, the engine of the machinery here was turned on. That was necessary in order to release its front hydraulically operated stability legs. Unfortunately, the same hydraulic system operated the machinery’s grizzly assembly. The release of the stability legs also caused the grizzly grid of the machinery to extend upwards. This situation went unnoticed, so that the grizzly hit the tunnel ceiling in the course of moving from dock to dock.
In the ordinary course of event, the grizzly ought to have been transported in a retracted (as opposed to extended) position. But that hardly implied that the entire machinery then became some sort of self-enclosed package like the mobile stage in Fireman’s Fund. All the retraction of the grizzly meant was that the grizzly was down and the machinery could be safely moved about with minimum risk of hitting some low-lying structure on the road.
It seemed to the Judge that, as submitted by the cargo interests, the more apposite case was Tamini v. Salen Dry Cargo (1989) 866 F 2d 741 (5th Circuit). In that case, a portable rotary drilling rig was somewhat covered by external sheathing. Nonetheless, the Court (both below and on review) did not think that the rig was a package. This was despite the rig having been described as a “package” in the Bill of Lading. See Tamini at 743.
The Bill of Lading in the case in question also described the machinery as constituting “1 package” or “1 piece”. But this could not be conclusive. The meaning of “package” in COGSA is a matter of law. The Bill of Lading may or may not have used the word “package” in the same sense that the word was intended to be used in COGSA. The Judge was consequently unable to draw any conclusion from the description of the machinery as a “package” on the face of the Bill of Lading.
The Judge would answer the main question: “No, the machinery was not packaged and did not constitute a “package” within COGSA s.13.”
Subsidiary question: Customary freight unit?
On this, it was hard to see how the machinery, a unique piece of equipment, could constitute a “customary” freight unit.
In the Judge’s view, freight having been charged “per cubic meter,” the applicable customary freight unit must be the cubic meter and at the time of contracting the parties must have regarded it as such. The Judge would answer the subsidiary question accordingly.
Conclusion
The cargo interests’ claim was well within the limit stipulated by COGSA.
Please feel free to contact us if you have any questions or you would like to have a copy of the Judgment.
| Simon Chan | Richard Chan |
|---|---|
| Director | Director |
| E-mail: simonchan@smicsl.com | E-mail: richardchan@smicsl.com |
23/F, Excel Centre, 483A Castle Peak Road, Lai Chi Kok, Kowloon, Hong Kong
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Tel: 2299 5566 Fax: 2866 7096
E-mail: gm@smicsl.com Website: www.sun-mobility.com
A MEMBER OF THE HONG KONG CONFEDERATION OF INSURANCE BROKERS
香港保險顧問聯會會員
The robust freight industry in 2009 did not sustain well to the last quarter of 2010 as worldwide governments were not in unison in their fiscal policies. The worldwide government interference in 2011, such as the U.S. QEII, is likely to impact the worldwide movement of freight even more.
As uncertain as it was the economy in 2010, we believe the number of E&O, uncollected cargo and completion of carriage claims will continue the major concerns for transport operators in 2011. If you need a cost effective professional solution to defend claims against you, our claim team of five are ready to assist. Feel free to call Carrie Chung / George Cheung at 2299 5539 / 2299 5533.
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Chans Advice 215 – Sanchi c/w CF Crystal
The High Court of Hong Kong issued a Decision on 15 November 2018 concerning the tragic collision between the cargo vessel CF Crystal and the tanker Sanchi, which happened on 6 January 2018 and led to the death of all the officers and crew of the Sanchi. [HCAJ3/2018] [2018HKCFI2474]
Chans Advice 229 – PRC Maritime Code
To continue our recent series of loss prevention articles, we would like to discuss in this issue the major provisions of the PRC Maritime Code as far as the international carriage of goods by sea is concerned.
Chans Advice 224 – BVI or Malta? (II)
The Hong Kong Court of Appeal issued a Judgment on 4 October 2019 upholding the High Court’s Decision dated 9 April 2018 (reported in our Chans advice/208). [CACV593/2018][2019HKCA1101]
Chans Advice 220 – Bunker dispute
The Hong Kong High Court issued a Judgment on 11 January 2019 dealing with a dispute of US$335,858.31 between a bunker supplier and a ship agent. [HCA119/2015] [2019HKCFI57]
Chans Advice 173 – Anti-suit injunction (IV)
Following the Hong Kong Court of Appeal’s Judgment dated 11/3/2015 discharging the Mareva Injunctions and the receivership orders (mentioned in our monthly newsletter of Chans advice/171 two months ago), the Hong Kong High Court issued a Judgment on 12/5/2015 to determine the question of who should pay the remuneration to the receivers. [HCMP 1449/2014]
Chans Advice 222 – Security for costs of appeal
The Hong Kong Court of Appeal issued a Decision on 28 January 2019 dealing with some principles for security for costs. [CACV376/2018, 2019HKCA133]
Chans Advice 249 – Well founded claims
The Hong Kong Court of Appeal on 1 December 2021 allowed a charterer’s appeal against a High Court’s Decision dated 13 April 2021 (which disallowed the charterer’s charter hire claims of US$234,955 against the shipowner because the High Court was not satisfied the claims were well founded). [CACV 294/2021] [2021 HKCA 1865]
Chans Advice 252 – HKD 386 million theft (II)
We refer to our Chans advice/251 last month reporting the Hong Kong High Court’s decision to sentence Mr Ma (Hyundai Hong Kong’s former deputy general manager) to 15 years’ imprisonment. The High Court issued another Judgment on 27 April 2022 holding Mr Ma liable to compensate HK$387,655,303.70 to Hyundai Hong Kong. [HCA 619/2016] [2022 HKCFI 1153]
Chans Advice 7 – Liability Insurance Revisited
The relative risk distribution of a typical transport operator is represented by the chart below:-
Chans Advice 141 – Wrongful arrest
The High Court of Hong Kong on 26/8/2011 issued a Judgment about wrongful arrest of a vessel. [HCAJ 105/2011]
Chans Advice 209 – HK or Yangon?
The Hong Kong High Court issued a Judgment on 25/8/2017 to determine whether the Hong Kong Court or the Yangon Court was the natural and appropriate forum in an in rem legal proceedings in relation to a cargo damage claim of USD143,852.02. [HCAJ 101/2015]
Chans Advice 193 – Hague Rules v Hague Visby Rules (II)
Remember our Chans advice/163 about the English High Court’s Judgment holding the Hague Visby Rules instead of the Hague Rules to apply to the cargo damage claim case in excess of US$3.6 million? The English Court of Appeal issued a Judgment on 24/2/2016 upholding the High Court’s conclusion but with different reasons. [Case No: A3/2014/1285, 2016 EWCA Civ 101, 2016 WL 00692394]
Chans Advice 168 – Mareva injunction – cargo misdelivery
The Hong Kong High Court issued a Judgment on 21/7/2014 discharging a Mareva injunction in relation to a cargo misdelivery claim of about US$12 million. [HCA 2368/2012]
Chans Advice 239 – Small Claims Tribunal
The Hong Kong High Court issued a Decision on 22 January 2021 dealing with an appeal against a Small Claims Tribunal’s award concerning a dispute over a container terminal’s storage charges. [HCSA 44/2020] [2021 HKCFI 200]
Chans Advice 264 – Straight B/L v Order B/L
What is the difference between a straight bill of lading and an order bill of lading? This can be illustrated in the Wuhan Maritime Court’s Judgment dated 17 September 2019 concerning a cargo misdelivery claim of US$89,838.
Chans Advice 225 – HAWB
The limit of liability for international carriage of cargoes by air under the Montreal Convention has been revised from 19 SDR/Kg to 22 SDR/Kg of the gross weight of the cargoes effective from 28 December 2019. We have received many enquiries from freight forwarders about changing their house Air Waybills’ terms to cope with the new limit of liability. We would like to take this opportunity to discuss some essential terms in house Air Waybills.
Chans Advice 192 – Anti-suit injunction (VI)
Remember our Chans advice/171 of 31/3/2015 reporting that the Hong Kong Court of Appeal discharged the Mareva injunctions against Hin-Pro? The Hong Kong Court of Final Appeal issued a Judgment on 14/11/2016 reversing the Court of Appeal’s Judgment of 11/3/2015. [FACA No. 1 of 2016]
Chans Advice 133 – Which law to apply?
The Hong Kong High Court on 18/11/2011 issued a Judgment concerning a quite confusing situation that three different laws (the USA, the PRC, and Hong Kong) might apply to the one shipment. [HCAJ 198/2009]
Chans Advice 148 – Why Chans Advice, What Chans Advice, and the SMIC New Website
More than 10 years ago, we broke new grounds unheard of before among insurance brokers by introducing genuine claim support (by truly employing a team of professional transport claim handlers) independent of that from the insurers. Since then, the knowledge advantage of the insurer over that of the transport operator insured has been evened. Those who buy transport liability insurance are truly better protected with professionals standing at their side who really know the freight industry and are conversant in transport insurance and claims handling.
Chans Advice 237 – Cargo misdelivery and arbitration clause
The Hong Kong High Court issued a Decision on 4 March 2020 dismissing a shipowner’s application for a stay of proceedings in favour of arbitration in a case of cargo misdelivery without presentation of original bill of lading. [HCAJ 5/2019] [2020 HKCFI 375]
Chans Advice 251 – HKD 386 million theft
In Chans advice/191 and Chans advice/206, we reported a case relating to a shipping company’s claim against its former deputy general manager (Mr Ma) over the alleged theft of the company’s money. The Hong Kong High Court on 16 December 2020 sentenced Mr Ma to 15 years’ imprisonment. [HCCC 20/2018] [2021 HKCFI 195]
Chans Advice 142 – Cargo misdelivery summary Judgment
The High Court of Hong Kong issued a summary Judgment on 28/9/2012 holding a forwarder liable for US$626,389 plus costs and interest for misdelivery of cargoes without production of the original bills of lading. [HCCL 20/2011 & HCCL 21/2011]
Chans Advice 246 – Nominal damages II
In our Chans advice/244, we reported the Hong Kong High Court case [HCA937/2016] [2021 HKCFI 2310] that the forwarder was held liable to pay nominal damages of HKD1,000 to the shipper in the cargo misdelivery claim of USD1,299,189.87. On 20 October 2021, the Hong Kong High Court issued a Decision on Costs holding the shipper liable to pay the costs of the forwarder. [2021 HKCFI 3021]
Chans Advice 266 – Suit in HVR
According to the Hague-Visby Rules, the carrier shall be discharged of all liability in respect of the cargoes unless suit is brought within one year of their delivery or the date when they should have been delivered. The English High Court issued a Judgment on 22nd July 2025 explaining the meaning of “suit”. [2025 EWHC 1878 (Comm)]
Chans Advice 130 – Refusal to release cargoes w/o B/L (II)
Remember our last issue Chans advice/129 that the forwarder was held liable for its refusing to release the goods to the named consignee without original straight Bill of Lading? On 12/8/2011, the Hong Kong Court of Appeal issued a Judgment dismissing the forwarder’s application for leave to appeal. [HCMP 683/2011]
Chans Advice 162 – Cargo misdelivery v O/S freight charges
The Hong Kong District Court issued a Judgment on 28/4/2014 dismissing a seller’s cargo misdelivery claim of US$122,302.80 against a freight forwarder and holding the seller liable to pay the outstanding freight charges of US$28,855 to the forwarder. [DCCJ 344/2010]
Chans Advice 139 – Abuse of process & Want of prosecution
On 5/8/2011, the District Court of Hong Kong dismissed a shipping company’s container claims against a forwarder for want of prosecution and abuse of process. [DCCJ 765/2005]
Chans Advice 135 – Vessel sharing agreement
The High Court of Hong Kong issued a Judgment on 2/12/2011 concerning a vessel sharing agreement. [HCAJ 138/2008]
Chans Advice 228 – Hague Visby Rules
In the issue of our Chans advice last month, we talked about the major provisions of the Montreal Convention (which is for the international carriage of goods by air). In this issue, we would like to discuss the major terms of an equally important international convention for the international carriage of goods by sea, viz. the Hague Visby Rules.
Chans Advice 207 – Indemnity claims vis-à-vis in rem proceedings
The Hong Kong Court of Appeal’s Judgment dated 11/4/2008 explained some legal principles relating to whether indemnity claims are allowed by in rem legal actions against vessels. [CACV 257/2007]
Chans Advice 158 – Yacht sinking – security for costs
The Hong Kong High Court issued a Judgment on 11/12/2013 holding that a Hong Kong plaintiff needed to put up a security for costs in a court case concerning a yacht sinking incident. [HCCL 5/2013]
Chans Advice 126 – 2 sets HAWBs for 1 lot cargoes
The Hong Kong High Court issued a Judgment on 27/5/2011 in relation to an air shipment that a forwarder issued two sets of its House Air Waybills to two different parties for one lot of cargoes. [HCCL 117/1994]
Chans Advice 147 – Which ship to blame? (II)
Remember our Chans advice/138 regarding the Hong Kong High Court’s Judgment holding the He Da 98’s owners fully liable in the collision that happened off Shanghai? The Hong Kong High Court issued its Decision on 18/1/2013 dealing with the damages to be paid to the Pontodamon’s owners. [HCAJ 200/2007]
Chans Advice 210 – HK or Yangon? (II)
The Hong Kong Court of Appeal issued a Judgment on 12/2/2018 to deal with the cargo owners’ seeking leave to appeal against the High Court’s Judgment reported in our Chans advice/209 last month. [CAMP 38/2017] [2018 HKCA77]
Chans Advice 136 – Container demurrage
The Shanghai Maritime Court issued a Judgment on 24/12/2009 to deal with the question whether a shipping company could charge the container demurrage based on the tariff published on its website.
Chans Advice 156 – Unless order
The Hong Kong High Court issued a Judgment on 22/11/2013 concerning an unless order in relation to a freight forwarder’s claims for outstanding freight charges of HK$4,427,336. [HCA 1755/2011]
Chans Advice 157 – Ship sinking – security for costs
The Hong Kong High Court issued a Judgment on 23/12/2013 dealing with an application for security for costs in relation to a ship sinking case. [HCAJ 213/2009]
Chans Advice 169 – Anti-suit injunction
The Hong Kong Court of Appeal issued a Judgment on 18/12/2014 in connection with a cargo misdelivery claim of US$27,835,000 involving also anti-suit injunction and worldwide freezing order issued by the English Court. [CACV 243/2014 & HCMP 1449/2014]
Chans Advice 223 – Sanchi c/w CF Crystal (V)
The Hong Kong Court of Appeal issued a Judgment on 20 September 2019 declining to give leave of appeal to Changhong Group in relation to the High Court Decision dated 29 January 2019 (reported in our Chans advice/221). [CAMP197/2019] [2019HKCA1061]
Chans Advice 146 – Cargo misdelivery summary Judgment (III)
Remember Chans advice/142 and Chans advice/145 that the High Court of Hong Kong held the forwarder liable for cargo misdelivery without production of original bills of lading? The Court of Appeal of Hong Kong issued a Judgment on 31/1/2013 dismissing the forwarder’s applications for an extension of time to appeal. [HCMP 2366/2012 & HCMP 2367/2012]
Chans Advice 186 – Cargo loss summary judgment
The Hong Kong High Court issued a judgment on 21/4/2016 and disallowed a cargo owner’s application for summary judgment against a forwarder in connection with a cargo (a diamond) missing claim of US$900,000. [HCCL 10/2015]
Chans Advice 138 – Which ship to blame?
The High Court of Hong Kong issued a Judgment on 26/8/2011 to determine which ship to blame in a collision case that occurred at Shanghai. [HCAJ 200/2007]
Chans Advice 182 – Delay in appeal
The Hong Kong Court of Appeal issued a Judgment on 29/1/2016 dealing with a case of one or two days’ delay in appeal in relation to a barge sinking accident. [HCMP 3172/2015]
Chans Advice 235 – Sale of ship by court
The Court of Appeal of Hong Kong issued a judgment on 28 March 2019 dealing with a matter concerning the sale pendente lite of an oil tanker Brightoil Glory. [CAMP49/2019][2019HKCA395]
Chans Advice 124 – Change B/L’s consignee
The English High Court issued a Judgment on 26/2/2010 holding that a shipping company could follow the shipper’s instructions to change the consignee and the destination in its bill of lading and that the original consignee became having no title to sue. (2010 WL 606031)
Chans Advice 240 – Wreck removal
The Hong Kong High Court issued a Decision on 22 Feb 2021 holding that the wreck removal claims of a ship sunk were not subject to the Convention on Limitation of Liability for Maritime Claims 1976. [HCAJ 98/2019] [2021 HKCFI 396]
Chans Advice 216 – Double Collisions (II)
The Hong Kong Court of Appeal issued a Judgment [CACV144/2017] [2018HKCA299] on 29/6/2018 upholding the High Court’s Judgment dated 2/6/2017 (which was reported in our Chans advice/201).
Chans Advice 143 – Security for costs
The High Court of Hong Kong issued a Judgment on 1/11/2012 ordering the USA/Canada owners of a cargo (a yacht) to put up HK$250,000 as further security for costs in their legal action against the ship owners. [HCAJ 177/2009]
Chans Advice 153 – Wrongful ship arrest
The Hong Kong High Court issued a Judgment on 13/1/2012 setting aside the arrest of a ship “JIMRISE” (the “Vessel”). [HCAJ 180/2011]
Chans Advice 145 – Cargo misdelivery summary Judgment (II)
Remember Chans advice/142 dated 31/10/2012 that the High Court of Hong Kong held the forwarder liable for cargo misdelivery without production of original bills of lading? The High Court of Hong Kong issued another Judgment on 4/12/2012 dealing with the interest and costs. [HCCL 20/2011 & HCCL 21/2011]
Chans Advice 140 – Road haulage cargo theft
The District Court of Hong Kong issued a Judgment on 21/4/2011 dismissing a forwarder’s cargo indemnity claim of US$46,201.81 against a trucking company. [DCCJ 2092/2009]
Chans Advice 262 – Undisclosed principal
The Hong Kong High Court issued a Decision on 2 October 2024 dismissing a shipping company’s application to strike out a forwarder’s third party indemnity claim in a cargo (frozen beef) damage case. [HCAJ 9/2023, HCAJ 22/2023, 2024 HKCFI 2708]
Chans Advice 160 – Carrier’s claims against shipper
The Hong Kong District Court issued a Judgment on 8/4/2014 holding that the one year’s suit time limit under the Hague Visby Rules does not apply to the carrier’s claims against the shipper. [DCCJ 4438/2013]
Chans Advice 219 – Sanchi c/w CF Crystal (III)
The Hong Kong High Court issued a Decision on 25 February 2019 dealing with Changhong Group’s delayed application for leave to appeal in relation to the collision case reported in our Chans advice/218 and Chans advice/215. [HCAJ3/2018, 2019HKCFI542]
Chans Advice 144 – Uncollected cargoes Seminar 2012 – Q & A
The 12th annual SMIC seminar on uncollected cargoes pulled some 300 participants to attend with much curiosity for 3 hours in the YMCA Assembly Hall. The accumulated questionmarks and enigmas about the subject matter lurking in the trade were unleashed among the audiences.
Chans Advice 204 – Bunker dispute
The Hong Kong High Court issued a Decision on 20/12/2017 dealing with a dispute of US$948,802.05 (as the price of bunkers supplied to a vessel) between a vessel charterer and a bunker supplier. [HCA2265/2016]
Chans Advice 172 – MOL Comfort Comforts No Forwarder
While the MOL Comfort incident was a disaster widely talked about among forwarders, all who suffered loss without exception will try whatever means to recover their losses down the line wherever the legal regimes permit.
Chans Advice 227 – Montreal Convention
We mentioned in our Chans advice/225 that the limit of liability under the Montreal Convention for carriage of cargoes was increased from 19 SDR/kg to 22 SDR/kg of the gross weight of the cargoes effective on 28 December 2019. We have recently received some forwarders’ request asking us to talk about the major terms in the Montreal Convention. We in this issue would like to introduce the Montreal Convention’s major provisions as follows:
Chans Advice 218 – Sanchi c/w CF Crystal (II)
The Hong Kong Court of Appeal issued a Judgment on 20 February 2019 dismissing Changhong Group’s appeal against the High Court’s Decision of 15 November 2018 (reported in Chans advice/215) because Changhong Group had not obtained leave to appeal from the Hong Kong High Court. [CACV576/2018] [2019HKCA246]
Chans Advice 217 – Wasted costs (II)
The Hong Kong High Court issued a Judgment on 16 January 2019 dealing with the appeal of the wasted costs’ case reported by our Chans advice/214. [HCA1919/2016] [2019HKCFI127]
Chans Advice 176 – Formula milk powder forfeiture
The Hong Kong High Court issued a Judgment on 5/8/2015 holding that a shipment of formula milk powder without the legally required export licence should not be forfeited. [HCMA171/2015]
Chans Advice 230 – What’s FCR
We have received some enquiries from our forwarder clients about the FCR e.g. what is FCR? How many types of FCR are there? What are the uses of FCR? We would like to discuss these in this issue.
Chans Advice 202 – Dissipation of assets
The High Court of Hong Kong issued a Decision on 21/9/2017 dealing with the principles in respect of the real risk of dissipation of assets in a case of Mareva Injunction involving a shipowner and a charterer. [HCMP 1010/2017]
Chans Advice 214 – Wasted costs
The High Court of Hong Kong issued a Decision on 31/8/2018 concerning a feeder company’s claim against a shipping company’s lawyer for wasted costs. [HCA1919/2016] [2018HKCFI1879]
Chans Advice 131 – Forwarders’ Standard Trading Conditions Seminar | 9 November 2011 – Q & A
The 10th annual SMIC seminar on Forwarders’ Standard Trading Conditions wrapped a decade of unabated effort hammering for the freight industry’s attention to loss prevention by proper freight documents. The topic had attracted over 300 participants to attentively listening for 3 hours in the YMCA Assembly Hall. We thank them all for the patience.
Chans Advice 184 – Breaking tonnage limitation
The Hong Kong High Court issued a judgment on 12/4/2016 to dismiss a cargo owner’s action in respect of breaking a barge owner’s tonnage limitation. [HCAJ 178/2014]
Chans Advice 171 – Anti-suit injunction (III)
In this issue, we would like to continue with the case (CSAV v Hin-Pro) mentioned in our monthly newsletter of Chans advice/169 two months ago. The Hong Kong Court of Appeal issued its Judgment on 11/3/2015 discharging the Mareva Injunctions and the receivership orders granted by DHCJ Saunders against Hin-Pro and Soar. [CACV 243/2014]
Chans Advice 259 – Aircraft on fire
The Hong Kong High Court issued a Decision on 21 July 2023 in relation to a case that an aircraft (worth at least USD 80 million) and its cargoes were destroyed by a fire caused by the goods of chlorine dioxide disinfection tablets. [HCA 837/2022] [2023 HKCFI 1896]
Chans Advice 179 – London arbitration’s anti-suit injunction
The English High Court issued a Judgment on 15/5/2015 maintaining an anti-suit injunction to restrain the Xiamen Maritime Court’s legal proceedings in breach of a London arbitration agreement. [Case No: 2015-515], [2015 WL 2238741], [2015 EWHC 1974 COMM]