An express contractual term will be required to displace the Convention rules on domicile. The standard wording in charterparty contracts is insufficient to do this. The word ‘adjusted’ by itself would normally be taken to refer to the process of assessment of general average contributions; more explicit wording would be needed to create a binding agreement as to the place of payment. Consequently, the wording of the clause was not sufficiently specific to bring the contract within article 5(1) or article 17 of the Brussels Convention, thereby enabling the general rule conferring jurisdiction on the courts of the defendants’ country of domicile to be ousted.
Judges:
Justice Langley
Citations:
Times 08-Apr-1996
Statutes:
1968 Brussels Convention 5(1) 17, Civil Jurisdiction and Judgments Act 1982
Jurisdiction:
England and Wales
Transport, Jurisdiction
Updated: 28 April 2022; Ref: scu.88992
