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DMC/SandT/19/02
'''England'''
'''Sea Master Shipping Inc v Arab Bank (Switzerland) Limited'''
'''English Commercial Court: Popplewell J.: 25 July 2018: [2018] EWHC 1902 (Comm):[[https://www.onlinedmc.co.uk/index.php/Sea_Master_Shipping_v_Arab_Bank_(Switzerland)]]'''
'''Summary'''
This was an application under Section 67 of the Arbitration Act 1996 challenging a tribunal’s decision that it lacked jurisdiction to decide against the lawful holder of a bill of lading, Arab Bank (Switzerland) Limited (the “Bank”), in respect of a claim for demurrage and detention brought by the Vessel’s Owners. The Court held that the intended effect of the Carriage of Goods by Sea Act 1992 (“COGSA”) on arbitration clauses was to bind the holder of a bill of lading to the arbitration clause incorporated into that bill, by reason of him being treated as an original party to the contract of carriage under section 2 of the Act. Therefore, for the Tribunal to have jurisdiction over the Bank, it was not necessary for the Bank to have first assumed liabilities to the carrier under section 3 of the Act.'''
DMC/Arbn/19/01
