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“Baltic Flame” Petroleo Brasiliero S.A. and others -v- Mellitus Shipping Inc and others

29th Mar 2001

[2001] 2 Lloyd’s Rep. 203

Jonathan Gaisman Q.c. and Stephen Kenny – Saudi Aramco’s argument that it should not be joined to proceedings as a potential contributor because (a) this would outflank arbitration and jurisdiction agreements with those with whom it had contracted; and (b) a claim in contribution was unknown in its country of domicile, failed.

Practice – Jurisdiction – Proper party to proceedings – Contribution – Claim in respect of contaminated cargo by bill of lading holders against owners of vessel – Third party claims by owners against time charterers – Time charterers claimed against shippers in third party claims – Whether shipper a proper party to proceedings – Whether time charterers entitled to claim contribution from shippers – Whether time charterers’ claim form should be set aside.