The issue to be addressed
The issue to be addressed
So, the question I must decide is whether the Charterers have established a good arguable case that they had contracted with Middle Volga by the terms of the Charterparty, by which Middle Volga was bound by the English jurisdiction agreement.
If the answer is “yes”, the Charterers will have established the Court’s jurisdiction pursuant to CPR rule 6.33(2B)(b) and (c).
If the answer is “no”, Middle Volga will succeed in its application challenging the Court’s 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
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