GOLDEN OCEAN GROUP LTD v HUMPUSS INTERMODA TRANSPORTASI TBK LTD AND ANOTHER (THE 'BARITO')

摘要

Practice - Claim form - Service out of the jurisdiction - Dispute as to identity of chartering owner - Dispute as to whether charterparty provided for arbitration in London or in Singapore - Charterers obtaining London arbitration award -Charterers bringing proceedings for declarations, enforcement of award, and injunction to restrain arbitration proceedings commenced in Singapore - Privity -Whether permission should be granted to serve claim form out of jurisdiction -Arbitration Act 1996, sections 9(1) and 9(4). The vessel Barito was chartered to the claimant charterers (Golden Ocean) in March 2008 for 11 to 13 months. The charterparty contained a London arbitration clause. It was Golden Ocean's case that its contractual counterparty was the first defendant (HIT), the ultimate parent company of the Humpuss group of companies, and which was registered in Indonesia. The second defendant, Genuine Maritime Ltd (Genuine), was a Panamanian subsidiary company of HIT. It was Genuine's case that it, and not HIT, was the disponent owner under the charterparty.