Evialis S.A. v S.I.A.T. and Others
| Jurisdiction | England & Wales |
| Judge | Andrew Smith J |
| Judgment Date | 16 April 2003 |
| Neutral Citation | [2003] EWHC 863 (Comm) |
| Court | Queen's Bench Division (Commercial Court) |
| Date | 16 April 2003 |
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22 cases
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"The Alexandros T" and Others
...whether they have the same cause and the same object. In so far as Andrew Smith J treated the question as a broader one in Evialis SA v SIAT [2003] 2 Lloyd's Rep 377 I respectfully disagree with him, although, as Beatson J observed in Sinco at para 50, Evialis was distinguishable on the fac......
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Ferrexpo AG v Gilson Investments Ltd and Ors
...any counterclaim or cross-claim: Briggs & Rees (loc cit) at para 2–242.) For the reasons that I sought to explain in Evialis v SIAT, [2003] EWHC 863 (Comm) at paras 116 to 130, I think that generally the proper approach is to look at the proceedings as a whole and to ask what is the cen......
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Trappit S.A. v American Express Europe LLC
...i.e. to discourage a multiplicity of proceedings: Recital (15) of the Brussels Regulation; see also Evialis SA v SIAT and others [2003] EWHC 863 (Comm), Andrew Smith J at [127], citing the dictum of Saville LJ in ‘The Happy Fellow’ [1998] 1 Lloyd's Rep 13 at 17–18.” Concurrent Proceedings ......
- Royal Bank of Canada v Cooperative Centrale Raiffeisen-Boorenleenbank Binding Authority
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1 firm's commentaries
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Jurisdiction Dispute Under Articles 27 And 30 Of EU Regulation 44/2001: Syndicate 980 V Sinco S.A. [2008] EWHC 1842 (Comm.)
...claims in the English proceedings. This approach was in line with the decision of the court in the case of Evialis SA v SIAT [2003] 2 Lloyd's Rep 377 focus on the central or essential issue of the claim in deciding whether two sets of proceedings involved the same cause of action. In the pr......
2 books & journal articles
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Pleading and proving foreign law in Australia.
...construction of documents: see, eg, King v Brandywine Reinsurance Co [2005] 1 Lloyd's Rep 655, 669-70 (Waller LJ); Evialis SAv SIAT [2003] 2 Lloyd's Rep 377, 387 (Andrew Smith J). On the application of foreign law more generally: see, eg, Glencore International AG v Metro Trading Internatio......
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ENFORCING ENGLISH JURISDICTION CLAUSES IN BILLS OF LADING
...Hijazy (The Kribi)[2001] 1 Lloyd’s Rep 76. See Adrian Briggs, “Anti-European Teeth for Choice of Court Clauses”[1994] LMCLQ 158. 35 [2003] 2 Lloyd’s Rep 377. 36 Case 7W 1461/98 Re Lifting A Stay of Proceedings[1999] ILPr 291, a decision of the Court of Appeal of Munich, Germany, and Case 7 ......