| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 86 (Mar) |
| Neutral Citation: | [2006] EWHC 373 (Comm) |
| Court: | Queen's Bench Division (Commercial Court) |
| Judge: | Morison J |
| Representation | Timothy Otty (instructed by Constant & Constant) for the claimant. |
| Nigel Cooper (instructed by Cozen O'Connor) for the defendant. | |
| Judgment Dates: | 6 March 2006 |
Catchwords
Conflict of laws - Jurisdiction - Civil and commercial matters - Exclusive jurisdiction - Bill of lading providing for English law and jurisdiction - Defendants commencing proceedings in Colombia - Claimant applying for anti-suit injunction - Whether jurisdiction clause should be enforced.
The Case
The claimant shipowners were entitled to an anti-suit injunction to prevent the defendants from bringing proceedings in Colombia contrary to a bill of lading with an exclusive English law and jurisdiction clause. There was no reason why it would be reasonable to judge the consent of the defendants otherwise than by the law of their choice.
Practice Areas
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