Power to order stay for forum non conveniens when conflicting with mandatory jurisdiction. Hobhouse J said: ‘Further the Convention does not preclude the courts of a contracting state from applying principles such as those stated in the Aratra Potato Co, case (The El Amria) [1981] 2 Lloyd’s Rep 119 where its jurisdiction is being sought to be excluded in favour of a non-contracting state. Professor Schlosser says, at para 176: ‘If a court within the Community is applied to despite such an agreement, its decision on the validity of the agreement depriving it of jurisdiction must be taken in accordance with its own lex fori.”
Judges:
Hobhouse J
Citations:
(1990) 2 QB 631, [1993] 1 Lloyds Rep. 631
Cited by:
Cited – Brian McGowan v Summit at Lloyds SCS 12-Jun-2002
The contract provided for the exclusive jurisdiction of the English courts. The claimant challenged this under the Act. Held The 1982 Act modified art 17 of the Convention when putting it in effect. That difference did not lead to the conclusion . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 28 April 2022; Ref: scu.181250
