CML CMI Database: Doliaa SAS v Mediterranean Shipping Co SA, 13 December 2023

This was a cargo claim brought against the defendant carrier pursuant to a bill of lading incorporating the Hague Rules. The one-year time bar in art 3.6 of the Hague Rules started to run from 10 May 2021. The claimants issued their claim form against the defendant on 9 May 2022. The defendant is incorporated in Switzerland and its registered address is in Geneva. That address was set out on the claim form. The initial period for service was until 9 November 2022. The claimants did not immediately seek to effect service on the defendant in Switzerland. Rather, they corresponded with the defendant, seeking: (i) to get its agreement to appoint English solicitors to accept service; and (ii) to conduct negotiations with a view to settling the claim.

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https://cmlcmidatabase.org/doliaa-sas-v-mediterranean-shipping-co-sa

The CML CMI database of Judicial Decisions on International Conventions aims to make these decisions more accessible to the worldwide maritime community, in the hope that this will foster comparative research and uniformity of interpretation of international maritime law. This project, which is undertaken and hosted by the Centre for Maritime Law of the National University of Singapore in collaboration with the Comité Maritime International, builds on the foundation laid by Francesco Berlingieri in his earlier CMI database of jurisprudence on maritime conventions.

Visit the database at: https://cmlcmidatabase.org/doliaa-sas-v-mediterranean-shipping-co-sa