COURT OF JUSTICE OF THE EUROPEAN UNION 28 June 2017

摘要

The jurisdiction clause providing for English High Court jurisdiction as contained in a charter party entered into between two companies cannot be invoked against the physical persons who have acted as organs on behalf of the chartering company and who are jointly and severally liable with the company pursuant to the applicable national law, since such clause has not in fact been the subject of a consensus between the ship owner and the organs of the charterer, who cannot be considered as being privy to the charter party contract.