CMR Convention: Articles 31(2) and 36 – relating on jurisdiction. Brussels Convention: Article 57. Applicability in cases covered by the CMR convention.
Article 31.2 of CMR to be limited to proceedings brought by same claimant against the same defendant, and that, on that basis, the lis pendens provisions of articles 21 and 22 of the Brussels Convention should be applied to preclude a mirror image claim in England raising the same issues, but with the parties’ positions as claimant and defendant reversed, to those raised in prior Dutch proceedings.
A claim for a negative declaration could not give rise to a ‘pending’ action within the meaning of article 31(2), and that in any event an action for a negative declaration and an action for substantive monetary relief were not ‘on the same grounds’.
 1 All ER (Comm),  2 Lloyd’s Rep 179
England and Wales
Overruled – Andrea Merzario Ltd v Internationale Spedition Leitner Gesellschaft Gmbh CA 23-Jan-2001
Cited – British American Tobacco Denmark A/S v Kazemier Bv SC 28-Oct-2015
One container loaded with cigarettes was allegedly hi-jacked in Belgium en route between Switzerland and The Netherlands in September 2011, while another allegedly lost 756 of its original 1386 cartons while parked overnight contrary to express . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 May 2022; Ref: scu.225403