Martrade Shipping & Transport GmbH v United Enterprises Corporation

This case examines the applicability of the Late Payment of Commercial Debts (Interest) Act 1998 to a charterparty under English law with London arbitration. The tribunal awarded interest to Owners for unpaid hire, but Charterers appealed based on a lack of significant connection with England required by s.12(1) of the 1998 Act. The court ruled that the Act did not apply, emphasizing that factors such as arbitration clauses and the use of English language were insufficient to establish a significant connection to England. The court also applied Rome Convention Article 4, determining that the governing law would not have been English in the absence of the parties' choice.