A party cannot invoke a force majeure clause unless it can show it would have performed but for the force majeure event; the 'but for' causation test applies.
shipping
An exclusive jurisdiction clause in a bill of lading may be enforced by anti-suit injunction, balancing comity and the strength of the clause.
Singapore Court of Appeal considered maritime liens for necessaries (bunker supply), title to sue under transferred bills of lading, and privity/assignment issues in shipping claims.
Under a bill of lading governed by the Hague-Visby Rules, a carrier's obligation to properly load and stow cargo is non-delegable.
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