FIMBank plc (claimant/appellant) v KCH Shipping Co. Ltd (defendant/respondent)

Tuesday 25 – Wednesday 26 April 2023

This is an appeal against the Order of Sir William Blair (28/9/22) that dismissed the appeal, he granted PTA to the Court of Appeal on 27/10/22.

The appeal relates to claims made by the Claimant (“FIMBank”), which is a trade finance bank headquartered in Malta regulated by the Maltese Financial Services Authority, against the Defendant (“KCH”), which is a Korean incorporated company. The appeal was brought by permission of Butcher J given on 22 December 2021 pursuant to s.69(2)(b) of the Arbitration Act 1996 against the Partial Final Award (the “Award”) of an Arbitral Tribunal dated 1 September 2021. FIMBank brings claims as holder of various bills of lading for misdelivery of cargo against KCH as carrier. In short, the question of law that arises in this case is whether the limitation of liability in Article III, r.6 of the Hague Visby Rules applies to claims for misdelivery of cargo after discharge from the vessel.

View hearing:

Day 1

Part 1

Part 2

Day 2

Part 1