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Middle Volga’s application challenging jurisdiction
Middle Volga’s application challenging jurisdiction
On 9th September 2024, Middle Volga filed an acknowledgment of service indicating an intention to contest jurisdiction.
On 7th October 2024, Middle Volga issued its application for an order pursuant to CPR rule 11(1) declaring that the Court has no jurisdiction to try the claim against Middle Volga and dismisses the claim against it, on the grounds that there is no good arguable case that Middle Volga was party to the Charterparty upon which the Charterers’ claim is based and so the Charterers are not entitled to rely upon CPR rule 6.33(2B) to serve the claim form out of the jurisdiction.
- 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