Maersk Guinea-Bissau Sarl and Another v Almar-Hum Bubacar Balde Sarl [2024] EWHC 993 (Comm) - King's Bench Division, Commercial Court (Jacobs J) - 29 April 2024

Jurisdiction - Bills of lading - Bailment - Himalaya clause - Exclusive jurisdiction clause - Whether clauses incorporated - Whether clauses onerous - Res judicata - Civil Jurisdiction and Judgments Act 1982, sections 32 and 33 - Contracts (Rights of Third Parties) Act 1999

In 2003 Maersk began its operations in Guinea-Bissau, with Maersk Guinea-Bissau ("Maersk GB") acting for Maersk A/S. The business focused mainly on the export of cashew nuts. In December 2018 contracts of carriage were made between Maersk A/S as carrier and Almar-Hum as shipper, under which 150 containers of madeira wood were to be carried from Guinea-Bissau to Huangpu.