British Aerospace Plc v Dee Howard Company
| Jurisdiction | England & Wales |
| Date | 1993 |
| Court | Queen's Bench Division (Commercial Court) |
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90 cases
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889457 Alberta Inc. v Katanga Mining Ltd
...agreed to the exclusive jurisdiction of the courts of the DRC so that considerations such as those discussed by Waller LJ in British Aerospace v. Dee Howard Company [1993] 1 Lloyd's Rep. 368 and by Colman J in Konkola Copper Mines v. Coromin [2006] EWHC 1093 (Comm) at paragraphs 30 and 35......
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Bank of Baroda, GCC Operations and Others v Nawany Marine Shipping FZE and Others
...non-exclusive one. See: S & W Beresford Plc v New Hampshire Insurance co [1990] 1 Lloyd's Rep 254 at 463 per Hobhouse J; British Aerospace Plc v Dee Howard Co [1993] 1 Lloyd's Rep 368 at 375 to 377 per Waller J, Mercury Communications Ltd v Communications Telesystems International [199......
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Import Export Metro Ltd v Cia Sud Americana de Vapores SA
...convenience, foreseeable at the time of entry into the bills of lading contracts, were irrelevant: in this regard, BAe v Dee Howard [1993] 1 Lloyd's Rep. 368 and a number of other authorities were relied upon. All the issues raised by CSAV were no more than foreseeable matters of convenienc......
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BAS Capital Funding Corporation and Others v Medfinco Ltd and Others
...v Libera Corp [1995] 2 Lloyd's Rep 64, 72;Akai Ply Ltd v. People's Insurance Co Ltd [1998] 1 Lloyd's Rep 90, 105. 191 In British Aerospace v. Dee Howard [1993] 1 Lloyd's Rep 368, at 376, Waller J said (in the context of an exclusive English jurisdiction clause) that it should not be open to......
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4 books & journal articles
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THE CONTRACTUAL BASIS OF THE ENFORCEMENT OF EXCLUSIVE AND NON-EXCLUSIVE CHOICE OF COURT AGREEMENTS
...Ltd v Compania Sud Americana de Vapores SA, ibid. 4 See the “modified Spiliada approach” in British Aerospace Plc v Dee Howard Co[1993] 1 Lloyd’s Rep 368, where the burden is on the party seeking to take the action outside the contractual forum to show strong reasons for doing so, and witho......
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NO DISPUTE AMOUNTING TO STRONG CAUSE; STRONG CAUSE FOR DISPUTE?
...Insurance Co [2001] 1 Lloyd’s Rep 618. See Rix LJ at para 62, citing Mr Justice Waller in British Aerospace Plc v Dee Howard Co[1993] 1 Lloyd’s Rep 368 at 376. 32 Peel, supra at 222. 33 For example, where there is a danger of multiplicity of proceedings, it is right, in the interests of eff......
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AUSTRALIA'S ACCESSION TO THE HAGUE CONVENTION ON CHOICE OF COURT AGREEMENTS.
...1 Lloyd's Rep 588; S & W Berisford plc v New Hampshire Insurance Co [1990] 2 QB 631; British Aerospace plc v Dee Howard Co [1993] 1 Lloyd's Rep 368; Continental Bank NA v Aeakos Compania Naviera [1994] 1 WLR (21) Continental Bank (n 20) 593-4 (Steyn LJ); ACE Insurance v Moose Enterprise......
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OBTAINING JURISDICTION OVER FOREIGN COMPANIES
...can confer exclusive or non-exclusive jurisdiction: on exclusivity of jurisdiction clauses, see British Aerospace v Dee Howard[1993] 1 Lloyd’s Rep 368Quaere if it can be implied. Cases on enforcement of foreign judgments are mostly agreed that there cannot be implied submission to jurisdict......