Europa Convention on jurisdiction and the enforcement of judgments – jurisdiction agreement – jurisdiction clause in a bill of lading – validity – conditions (convention of 27 September 1968, art. 17)
a jurisdiction clause contained in the printed conditions on a bill of lading satisfies the conditions laid down by article 17 of the convention : if the agreement of both parties to the conditions containing that clause has been expressed in writing; or if the jurisdiction clause has been the subject-matter of a prior oral agreement between the parties expressly relating to that clause, in which case the bill of lading, signed by the carrier, must be regarded as confirmation in writing of the oral agreement; or if the bill of lading comes within the framework of a continuing business relationship between the parties, in so far as it is thereby established that the relationship is governed by general conditions containing the jurisdiction clause. As regards the relationship between the carrier and a third party holding the bill of lading, the conditions laid down by article 17 of the convention are satisfied if the jurisdiction clause has been adjudged valid as between the carrier and the shipper and if, by virtue of the relevant national law, the third party, upon acquiring the bill of lading, succeeded to the shipper ‘ s rights and obligations.
Citations:
C-71/83, R-71/83, [1984] EUECJ R-71/83, [1984] ECR 2417
Links:
Cited by:
Cited – Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd PC 11-Oct-2006
(Gilbraltar) The parties disputed the management contract for a racing yacht, and also the juridiction of the Supreme Court of Gibraltar to hear the case. Bols said that under regulation 2(1) Gibraltar had no jurisdiction.
Held: The English . .
Lists of cited by and citing cases may be incomplete.
European, Transport, Jurisdiction
Updated: 22 May 2022; Ref: scu.133626
