Mediterranean Shipping Company v Sotramon Limited [2017]

Mediterranean Shipping Company v Sotramon Limited [2017] UKPC 23 (Mauritius) —17 Jul 2017

“By a WI dated 4 August 1999 MSC contracted with Sotramon for the carriage of a crane from Port Louis to Felixtowe. The bill contained an English law/ High Court in London jurisdiction clause and a limitation on MSC's liability. On outturn, part of the crane was said to be missing therefore in 2000 Sotramon commenced proceedings in Mauritius, based on tort, claiming damages for the missing part and some additional liabilities incurred. Those proceedings underwent various challenges, MSC contending that the claim should have been pursued in contract not tort, and in London, with the Mauritian court of appeal agreeing in 2013. The matter eventually came before the UK Privy Council who upheld the first instance judgment in Mauritius, namely that Sotramon was at liberty to pursue its tortious claim there. Presumably the matter will now proceed there, nearly 20 years after events.”

Louise Glover
E. G. Arghyrakis & Co.
16th August 2017