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Land Rover Exports Limited v Samcrete Egypt Engineers and Contractors S A E: CA 21 Dec 2001

The defendant appealed an order refusing a stay of the proceedings on the grounds of forum non conveniens. The contract of guarantee contained no choice of law clause, but the contract under which it was made set English law as the jurisdiction. The clause had been deleted from the guarantee contract, and the subject mater … Continue reading Land Rover Exports Limited v Samcrete Egypt Engineers and Contractors S A E: CA 21 Dec 2001

Caledonia Subsea Limited v Micoperi SRL: SCS 9 Mar 2001

The parties disputed which court should have jurisdiction to hear their contract dispute. Held: There has been an ongoing difference in the interpretation of the Rome Convention as to the relative weight to be given to the place of business of the parties, and the place of performance of the contract. Should article 2 be … Continue reading Caledonia Subsea Limited v Micoperi SRL: SCS 9 Mar 2001

Raffelsen Zentralbank Osterreich Ag v Five Star General Trading Llc and Others: CA 1 Mar 2001

An assigned marine insurance policy was subject to a claim. The issue was the ability of an assignee to claim as a claim in contract where the proper law was that under which the contract was made, or a claim of an intangible right to claim against insurers, a proprietary right resolved by the lex … Continue reading Raffelsen Zentralbank Osterreich Ag v Five Star General Trading Llc and Others: CA 1 Mar 2001

Definitely Maybe (Touring) Ltd v Marek Lieberberg Konzertagentur GmbH: ComC 2001

The claimant supplied the services of the pop group Oasis to the defendant concert organisers for a concert in Germany. They sued for payment here, but the respondent said that proceedings should have been commenced in Germany. Held: The contract was made in Germany for services to be provided in Germany. The proper forum to … Continue reading Definitely Maybe (Touring) Ltd v Marek Lieberberg Konzertagentur GmbH: ComC 2001

Raiffeisen Privatbank Liechtenstein v Lukath: ECJ 13 Jan 2016

ECJ Order – Preliminary reference – Rome Convention on the law applicable to contractual obligations – First Protocol on the interpretation by the Court of the Rome Convention – Articles 1 and 2, a) and b) – National courts have the power to seize the Court for a preliminary ruling – Court clearly lacking C-397/15, … Continue reading Raiffeisen Privatbank Liechtenstein v Lukath: ECJ 13 Jan 2016

Haeger and Schmidt GmbH v Mutuelles du Mans assurances IARD: ECJ 23 Oct 2014

ECJ Judgment – References for a preliminary ruling – Reference for a preliminary ruling – Rome Convention on the law applicable to contractual obligations – Article 4(1), (2), (4) and (5) – Law applicable by default – Commission contract for the carriage of goods – Contract for the carriage of goods Ilesic P C-305/13, [2014] … Continue reading Haeger and Schmidt GmbH v Mutuelles du Mans assurances IARD: ECJ 23 Oct 2014

United Antwerp Maritime Agencies (Unamar) Nv v Navigation Maritime Bulgare: ECJ 17 Oct 2013

ECJ Rome Convention on the law applicable to contractual obligations – Articles 3 and 7(2) – Freedom of choice of the parties – Limits – Mandatory rules – Directive 86/653/EEC – Self-employed commercial agents – Contracts for sale or purchase of goods – Termination of the agency contract by the principal – National implementing legislation … Continue reading United Antwerp Maritime Agencies (Unamar) Nv v Navigation Maritime Bulgare: ECJ 17 Oct 2013

Anton Schlecker v Melitta Josefa Boedeker: ECJ 12 Sep 2013

ECJ Rome Convention on the law applicable to contractual obligations – Contract of employment – Article 6(2) – Applicable law in the absence of a choice made by the parties – Law of the country in which the employee ‘habitually carries out his work’ – Contract more closely connected with another Member State C-64/12, [2013] … Continue reading Anton Schlecker v Melitta Josefa Boedeker: ECJ 12 Sep 2013