12th Jun 2014
In Martrade Shipping & Transport GmbH v United Enterprises Corporation  EWHC 1884 (Comm), on an appeal under section 69 of the Arbitration Act 1996, Mr Justice Popplewell:
(1) Set out guidance on the operation of section 12(1) of the Late Payment of Commercial Debts (Interest) Act 1998, in particular in relation to the purpose of the provision, the meaning of ‘significant connection’ in section 12(1)(a), the significance to be given to a jurisdiction or arbitration clause when applying section 12(1)(a) and (b), and whether or not certain common provisions in time charterparties could constitute a ‘significant connection’ within the meaning of section 12(1)(a).
(2) Held that a trip charterparty was not a ‘contract of carriage’ within the meaning of Article 4(4) of the Rome Convention bearing in mind the decision of the ECJ in Intercontainer Interfrigo SC (ICF) v Balkenende Oosthuizen BV  QB 24. John Bignall acted for the successful claimant.
To view the judgment please click here.