Jurisdiction Clauses and Who Is the Carrier: Part II

Author: David K. Jones


In August, 1997 in this column, Gary Wharton wrote about the decision of the Federal Court Trial Division in Jian Sheng Co. Ltd. v M.V. Trans Aspiration. That decision was the result of an appeal from the Prothonotary’s order that denied the shipowner’s application for a stay of proceedings based on a jurisdiction clause in the bill of lading. The Trial Division allowed the shipowner’s appeal and ordered a stay of the Canadian proceedings in favour of Hong Kong. The decision was important for the treatment of the issue regarding the identity of the carrier, and the validity of the particular jurisdiction clause commonly found in ocean bills of lading.

From Harbour & Shipping

About David K. Jones

David practices civil and commercial litigation with an emphasis on maritime, occupational health and safety, and environmental law matters. David’s maritime law practice includes representation of clients in administrative and regulatory matters, cargo damage, oil pollution, personal injury, and marine insurance. David’s occupational health and safety practice includes casualty investigations involving serious workplace injuries and fatalities. He advises employers with… view full profile »