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“Bergen”

26th Nov 1996

[1997] 1 Lloyd’s Rep 380

Jonathan Gaisman Q.C. leading David Edwards – Bill of lading – Jurisdiction clause – Article 17 – Application to set aside – Alleged damage to cargo – Disputes to be decided in Germany – Whether art. 17 applicable – Effect of art. 57 of the Brussels Convention and art. 7 of the Arrest Convention – Whether English Courts had jurisdiction – Whether proceedings should be set aside – Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 17, 57 – International Convention for Unification of Certain Rules relating to the Arrest of Sea-going Ships, 1952, art. 7.

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