Shagang South-Asia (Hong Kong) Trading Company Ltd v Daewoo Logistics

JurisdictionEngland & Wales
JudgeMr Justice Hamblen
Judgment Date05 February 2015
Neutral Citation[2015] EWHC 194 (Comm)
Docket NumberCase No: 2014-943
CourtQueen's Bench Division (Commercial Court)
Date05 February 2015
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3 cases
  • Exmek Pharmaceuticals SAC v Alkem Laboratories Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 3 November 2015
    ...was intended to be, London, and so far as necessary Mr Green helpfully pointed to the approach of Hamblen J in Shagang South-Asia (Hong Kong) Trading Co. Ltd v Daewoo Logistics [2015] 1 Lloyd's Law Rep 504 at paragraph 29 to 38. The procedural law is that of England and Wales, the supervisi......
  • Bna v Bnb and Another
    • Singapore
    • Court of Appeal (Singapore)
    • 27 December 2019
    ...Sembcorp Marine Ltd v PPL Holdings Pte Ltd [2013] 4 SLR 193 (folld) Shagang South-Asia (Hong Kong) Trading Co Ltd v Daewoo Logistics [2015] 1 Lloyd’s Rep 504 Sulamérica Cia Nacional de Seguros SA v Enesa Engelharia SA [2013] 1 WLR 102 (refd) Xia Zhengyan v Geng Changqing [2015] 3 SLR 732 (f......
  • Sabanilam Enterprise Sdn. Bhd. v Masenang Sdn. Bhd., 22-03-2018
    • Malaysia
    • High Court (Malaysia)
    • 22 March 2018
    ...[2013] EWHC 260 (Comm) (High Court, United Kingdom). He also cited Shagang South-Asia (Hong Kong) Trading Co Ltd v Daewoo Logistics [2015] EWHC 194 (Comm) (High United Kingdom) where the court said that: “….clear words are necessary for the parties to choose a seat of arbitration which diff......
6 firm's commentaries
  • Court Rules That Procedural Law Is Synonymous With the Law of the Seat Arbitration
    • United Kingdom
    • JD Supra United Kingdom
    • 2 October 2015
    ...recent decision of the English Commercial Court (Shagang South -Asia (Hong Kong) Trading Co Ltd v Daewoo Logistics [2015] EWHC 194 (Comm)) addresses a potential ambiguity in poorly drafted dispute resolution clauses. In Shagang, the parties were somewhat fortunate in that the ambiguity in t......
  • Pathetically Pathological – A Stumble Through The Maze Of Dispute Resolution Clauses
    • United Kingdom
    • Mondaq UK
    • 22 January 2016
    ...parties saying that they wanted 'court and arbitration' to apply. In Shagang South-Asia (Hong Kong) Trading Co Ltd v Daewoo Logistics [2015] EWHC 194, the Commercial Court set aside an arbitration award because the arbitrator had been appointed in the wrong seat. The decision illustrates th......
  • High Court Rules On Inconsistency In Charterparty Arbitration Clauses And Applicable Curial Law
    • United Kingdom
    • Mondaq UK
    • 18 February 2015
    ...London office) recently represented the successful Charterers in Shagang South-Asia (Hong Kong) Trading Co. Ltd v Daewoo Logistics [2015] EWHC 194 (Comm). The Respondent Owners chartered their vessel to the Claimant Charterers by a fixture note, clause 23 of which stated, "ARBITRATION: ARBI......
  • English Court Clarifies What Law Governs Procedure Applied In Hong Kong Arbitration
    • United Kingdom
    • Mondaq UK
    • 18 February 2015
    ...South-Asia (Hong Kong) Trading Co Ltd v. Daewoo Logistics (The Nikolaos A) [2015] EWHC 194 (Comm) A recent Commercial Court decision considered the position when a contract provides for the law of one jurisdiction to be applicable, but for the arbitration to take place outside that jurisdic......
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