Man (E. D. & F.) Ship Ltd v Kvaerner Gibraltar Ltd (Rothnie)
| Jurisdiction | England & Wales |
| Judge | Cresswell J. |
| Judgment Date | 22 March 1996 |
| Court | Queen's Bench Division (Commercial Court) |
| Date | 22 March 1996 |
Commercial Court of the Queen's Bench Division
Contract - appropriate jurisdiction - prima facie case
A contract which provided: "This agreement shall be governed by and construed in accordance with the laws of Gibraltar and the parties hereto submit to the non-exclusive jurisdiction of the courts of Gibraltar" created a strong prima facie case that that jurisdiction was the appropriate one.
Mr Justice Cresswell sitting in the Commercial Court of the Queen's Bench Division so held on February 2 in granting a stay of proceedings begun in England by the plaintiff, E D & F Man Ship Ltd, on a summons of the defendant, Kvaerner Gibraltar Ltd.
MR JUSTICE CRESSWELL said that the fact that the parties had agreed the above phrase in their contract created a strong prima facie case that that jurisdiction was an appropriate one. Accordingly the burden shifted to the plaintiffs to show that there were special...
To continue reading
Request your trial
-
Gulf International Bank BSC v Sheik Badr Fahad Ibrahim Aldwood
...conveniens as set out in Spiliada Maritime Corporation v. Cansulex Ltd [1987] 1 AC 460 per Lord Goff at 474B–478E and “The Rothnie” [1996] 2 Lloyd's Rep 206 at 209(cl 2) – 210. However, the argument advanced orally had a different 47 In her oral submissions, Ms Hilliard invited me to stay ......
-
BP Plc v Aon Ltd Aon Risk Services of Texas Inc.
...party to the contract can object as inappropriate; they have both implicitly agreed that it is appropriate." 28 In E D & F Man Ship Ltd v. Kvaerner Gilbraltar Ltd, The Rothnie [1996] 2 Lloyd's Rep 206 Cresswell J. held that where there was a non-exclusive Gibraltar jurisdiction clause and p......
-
Yorkshire Water Services Ltd v Taylor Woodrow Construction Northern Ltd
...a strong prima facie case that the English Courts should have jurisdiction over disputes. Mr Elliott referred to The Rothnie [1996] 2 Lloyd's Rep. 206 at page 211, per Cresswell J. 5 Clause 46 therefore imposed an obligatory dispute resolution procedure of negotiation and adjudication, but ......
-
Abdul Rashid bin Abdul Manaf v Hii Yii Ann
...[2011] EWHC 229 (Ch) (“Qioptiq”) at [38] and also at [41] and [42]; and E D & F Man Ship Ltd v Kvaerner Gibraltar Ltd (The Rothnie) [1996] 2 Lloyd’s Rep 206. In Pacific Recreation Pte Ltd v S Y Technology Inc and another appeal [2008] 2 SLR(R) 491 (“Pacific Recreation”), the Court of Appeal......
-
THE CONTRACTUAL BASIS OF THE ENFORCEMENT OF EXCLUSIVE AND NON-EXCLUSIVE CHOICE OF COURT AGREEMENTS
...the factors in favour of continuing the action (see, eg, Charm Maritime Inc v Kyriakou[1987] 1 Lloyd’s Rep 433 at 444; The Rothnie[1996] 2 Lloyd’s Rep 206 at 211), the position in Singapore is less clear and authorities suggest that it may be the legal burden that shifts: PT Hutan Domas Ray......
-
NO DISPUTE AMOUNTING TO STRONG CAUSE; STRONG CAUSE FOR DISPUTE?
...any of the other heads either. 17 Citi-March v Neptune Orient Lines; The Polessk[1996] 2 Lloyd’s Rep 40 at 42; See also The Rothnie[1996] 2 Lloyd’s Rep 206; The Nile Rhapsody[1992] 2 Lloyd’s Rep 339, appeal dismissed [1994] 1 Lloyd’s Rep 382, CA. 18 Trendtex Trading Corporation v Credit Sui......