Ertel Bieber & Company v Rio Tinto Company ; Dynamit Actien-Gesellschaft v Rio Tinto Company ; Vereinigte Koenigs and Laurahuette Actien-Gesellschaft v Rio Tinto Company

JurisdictionUK Non-devolved
Judgment Date25 January 1918
Judgment citation (vLex)[1918] UKHL J0125-1
CourtHouse of Lords
Date25 January 1918

[1918] UKHL J0125-1

House of Lords

Vereinigte Koenigs and Laurahuette Actien-Gesellschaft fuer Bergbau and Huettenbetrieb
and
Rio Tinto Company, Limited.
1

After hearing Counsel, as well on Tuesday the 27th, as Thursday the 29th, days of November last, upon the Petition and Appeal of Vereinigte Koenigs and Laurahuette Actien-Gesellschaft fuer Bergbau and Huettenbetrieb, of Berlin, in the German Empire, praying, that the matter of the Order set forth in the Schedule thereto, namely, an Order of His Majesty's Court of Appeal, of the 25th of July 1917, might be reviewed before His Majesty the King in His Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to His Majesty the King, in His Court of Parliament, might seem meet; as also upon the printed Case of the Rio Tinto Company, Limited, lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of His Majesty the King assembled, That the said Order of His Majesty's Court of Appeal, of the 25th day of July 1917, complained of in the said Appeal, be, and the same is hereby, Affirmed, and that the said Petition and Appeal be, and the same is hereby, dismissed this House: And it is further Ordered, That the...

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51 cases
  • Royal Boskalis Westminster N.v v Mountain
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 28 February 1997
    ...not do so. In the absence of any evidence of French law it is to be taken to be the same as English law. Dynamit -v- Rio Tinto Co. Ltd. [1918] A.C. 260. 51Mr. Aikens sought to rely on the fact that in his written opening Mr. Schaff did not refer to the position in a Paris arbitration. Be t......
  • Schering v Stockholms Enskilda Bank Aktiebolag
    • United Kingdom
    • House of Lords
    • 29 November 1945
    ...been very helpful, but I find little need to go beyond the speeches of Lord Dunedin and Lord Sumner in the well-known case of Ertel Bieber & Co. v. Rio Tinto Co. [1918], A.C. 260, in which the earlier authorities are reviewed. Lord Dunedin, at page 274, says, "From these cases I draw the co......
  • Moonlighting International Pty Ltd v International Lighting Pty Ltd
    • Australia
    • Federal Court
    • Invalid date
  • Kuenigl v Donnersmarck
    • United Kingdom
    • Queen's Bench Division
    • 3 December 1954
    ...proposition in this form is probably to state it too favourably for the defendants, since in Ertel Bieber & Co v. Rio Tinto Co. Ld.ELR. [1918] A.C. 260, Lord Dunedin states the proposition in the following terms: ‘From these cases I draw the conclusion that upon the ground of public policy ......
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3 books & journal articles
  • CONTRACTUAL ILLEGALITY AND CONFLICT OF LAWS
    • Singapore
    • Singapore Academy of Law Journal No. 1995, December 1995
    • 1 December 1995
    ...Steamship Co. Ltd. v. McGregor, Gow & Co., T. Skinner & Co. and Ors.[1892] A.C. 25 at 39. 126 8 D. M. & G. 731. 127 Ibid., at 743. 128 [1918] A.C. 260. 129 Ibid., at 302. 130 (1943) 43 S.R. (N.S.W.) 352. 131 Ibid., at 355 and 356, It suffices to say that Jordan C.J.’s explanation of the imp......
  • Illegality
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Vitiating Factors
    • 4 August 2020
    ...1 KB 857 at 868, Lord Reading CJ. See also Furtado v Rogers (1802), 3 Bos & P 191, 127 ER 105 (CP); Ertel Bieber & Co v Rio Tinto Co , [1918] AC 260 (HL). War must be declared, not merely imminent. See Janson v Driefontein Consolidated Mines Ltd , [1902] AC 484 (HL). 129 Porter v Freudenber......
  • Establishing the Content of Foreign Law: A Comparative Study
    • United Kingdom
    • Maastricht Journal of European and Comparative Law No. 20-1, March 2013
    • 1 March 2013
    ...oice of Law, p.9, 32, 35, 38, 48, 95, 97, 115, 134-135, 138, 154, 158, 173, 189, 211, 222, 244-245 ; Dynamit AG v. Rio Tinto Company, [1918] A.C. 260 at 294, cited in Royal B oskalis Westminster N. a nd Others v. Trevor Rex Mountain and Ot hers, [1997] EWCA Ci v. 1140 and Shaker v. Al-Bedr......

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