Shagang Shipping Company Ltd v HNA Group Company Ltd [2018]

Shagang Shipping Company Ltd v HNA Group Company Ltd [2018] EWCA Civ 1732 — 23 July 2018 (Sir Geoffrey Vos, Newey LJ, Lady Justice Gloster)

“H, the guarantor of a long-term time charter, faced a USD68.5m claim from S after charterers failed to perform. H argued that both charter and guarantee were unenforceable, being procured by bribery, evidenced by individuals' confessions. S said the confessions resulted from torture. All relevant parties and events were in the PRC. The 1st instance Judge found no bribery and that neither the confession nor torture evidence was reliable. The CA ruled that the Judge should first have decided upon the torture, so his finding on bribery was unsound. In the unusual circumstances, the matter was remitted to another 1st instance judge to consider the evidence afresh.”

Louise Glover
E. G. Arghyrakis & Co.
25th July 2018