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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

11/02/2011

Star Reefers Pool Inc. v JFC Group Co. Ltd.

This is an archived article, and some links may not work. Contact us if you have any questions.

This was an application by the Defendant, a Russian company, disputing the Court’s jurisdiction to hear the claims brought by the Claimant against it. The claims were for substantial sums said to be due under two contracts of guarantee relating to the obligations of a third party under two long term charterparties.


The case concerned the approach to be taken to determining the governing law of a contract of guarantee under the Rome Convention in circumstances where the underlying contract contains an express choice of law clause, and the question whether cases decided prior to the Rome Convention such as Broken Hill v Xenakis [1982] 2 Lloyd’s Rep 304 were still good law.


In dismissing the Defendant’s application, Mr Justice Andrew Smith held that, while the cases decided prior to the Rome Convention were no longer authoritative, in the circumstances of the present case the fact that the charterparties were expressed to be governed by English law, coupled with the close connection of the Defendant and the charterer, allowed the court to infer with reasonable certainty that the contracts of guarantee were also intended to be governed by English law.


Charles Kimmins QC and Luke Pearce appeared on behalf of the Claimant.

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