Continental Bank NA v Akakos Compania Naviera SA and Others

JurisdictionEngland & Wales
CourtCourt of Appeal (Civil Division)
Judgment Date10 November 1993
Date10 November 1993

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142 cases
  • Bio-Medical v Delatex
    • Ireland
    • Supreme Court
    • 21 December 2000
    ...and others Third Parties) (Judgment 16 November 1999) and an English decision, Continental Bank NA v Aeokos Cia Naviera SA & others [1994] 2 All ER 540. 36 In the Clare Taverns case, the goods which were alleged by the plaintiff to be defective in an action against the defendant had been su......
  • Deutsche Bank AG London Branch (Respondent/Claimant) v Petromena ASA (in bankruptcy, represented by the chairman of the board of directors, Enterprise No. 987 727 713)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 March 2015
    ...with the Loan Agreement; iv) the alleged breach of the duty of loyalty was similar to the breach of morality alleged in Continental Bank v Aeakos [1994] 1 WLR 588 which was there held to arise out of the terms of the agreement in that case; and v) the Oslo writ could well have alleged (and ......
  • Evialis S.A. v S.I.A.T. and Others
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 16 April 2003
    ...or generally accepted practice, the insurers, having asserted Italian jurisdiction on the basis of article 16Continental Bank NA v Aeakos Compania Naviera SAWLR [1994] 1 WLR 588. 7. The court rejected Evialis' argument that because the claim was governed by s. 3 of the regulation a stay sho......
  • Leo Laboratories Ltd v Crompton BV (formerly Witco B.v)
    • Ireland
    • Supreme Court
    • 12 May 2005
    ...SALOTTI DI COLZANI AIMO E GIAMANO COLZANI v RUWA POLSTEREIMASCHINEN GMBH 1976 3 ECR 1831 CONTINENTAL BANK NA v AEAKOS CIA NAVIERA SA 1994 1 WLR 588 GULLIVER v BRADY & ORS T/A MATHESON ORMSBY PRENTICE UNREP SUPREME 19.12.2003 2003/25/5778 TREATY ESTABLISHING THE EUROPEAN COMMUNITY ART 234 CO......
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1 firm's commentaries
  • Court Of Appeal Considers Jurisdiction Of The English Court To Hear Covid-19 BI Claim
    • United Kingdom
    • Mondaq UK
    • 9 February 2023
    ...matching pair. The absence of the word 'exclusive' is not decisive (relying on Continental Bank NA v Aeakos Compania Naviera SA [1994] 1 Lloyd's Rep 505). 'Otherwise England and Wales UK Jurisdiction shall be The Defendants argued that this component related only to jurisdiction and was aki......
2 books & journal articles
  • Choice of Court Agreements and Brussels I Recast: The End of 'Torpedo' Actions
    • Ireland
    • Trinity College Law Review No. XVII-2014, January 2014
    • 1 January 2014
    ...Convention in Relation to Banking Matters” (1995) 10 JIBL 334, at 334. 8 Continental Bank NA v Aeakos Compania Naviera SA and Others [1994] 1 WLR 588. 9 Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters. 10 [1994] 1 WLR 588. 11 ......
  • Allocating Jurisdiction in Private Competition Law Claims within the EU
    • United Kingdom
    • Sage Maastricht Journal of European and Comparative Law No. 13-4, December 2006
    • 1 December 2006
    ...unt il the Italian cour t heard the case and decid ed to decline juri sdiction.18 See Continental Bank NA v. Aeakos Compania Naviera SA [1994] 1 WLR 588 (Englis h injunction issued to direct a lit igant to abandon a cl aim brought in bre ach of contract be fore a Greek court) and for the ho......