Conclusions
Conclusion
For the reasons explained above, I allow Middle Volga’s application pursuant to CPR rule 11(1) and declare that the Court has no jurisdiction to try the claim against the First Defendant.
I am very grateful for counsels’ very helpful submissions. I will deal with consequential issues separately.
- Heading
- Introduction
- Factual background
- The (alleged) Head Charterparty
- Delivery of the Vessels
- Withdrawal of the Vessels
- The Charterers’ claim
- Middle Volga’s application challenging jurisdiction
- The issue to be addressed
- Middle Volga’s submissions
- The Charterers’ submissions
- Determination of the application
- CPR rule 6.33(2B)(b) and (c)
- A good arguable case that there is a binding contract
- Application to the present case
- Conclusions
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