CLASSIC MARITIME INC v LION DIVERSIFIED HOLDINGS BERHAD AND ANOTHER

[2010] 1 Lloyd's Rep. 59

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Cooke

Practice — Summary judgment — Contract of Affreightment containing arbitration agreement — Parent company guaranteeing charterers’ obligations — Guarantee containing non-exclusive English jurisdiction clause — Claimant bringing proceedings against guarantors and charterers for breach of COA — Whether arbitration agreement in COA ousted by terms of guarantee — Whether charterers entitled to stay pending arbitration — Whether guarantor entitled to stay on case management grounds — Whether claimant entitled to summary judgment against guarantor — Whether guarantee void for past consideration — Whether guarantor had realistic prospect of defending claim based on frustration or force majeure — Arbitration Act 1996, section 9 — CPR 24.